Bill Text: FL S0190 | 2019 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Higher Education
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-18 - Chapter No. 2019-103, companion bill(s) passed, see SB 2502 (Ch. 2019-116) [S0190 Detail]
Download: Florida-2019-S0190-Engrossed.html
Bill Title: Higher Education
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-18 - Chapter No. 2019-103, companion bill(s) passed, see SB 2502 (Ch. 2019-116) [S0190 Detail]
Download: Florida-2019-S0190-Engrossed.html
CS for SB 190 First Engrossed
2019190e1
1 A bill to be entitled
2 An act relating to higher education; amending s.
3 11.45, F.S.; requiring the Auditor General to verify
4 the accuracy of unexpended amounts in specified funds
5 certified by university and Florida College System
6 institution chief financial officers; amending s.
7 215.985, F.S.; requiring employees and officers of
8 Florida College System institutions to be included in
9 a Department of Management Services website that
10 provides specified information relating to such
11 employees or officers; amending s. 216.136, F.S.;
12 requiring the Revenue Estimating Conference to provide
13 a maximum appropriation estimate assuming the full
14 utilization of bonding; requiring the conference to
15 determine maximum appropriations assuming average
16 bonding capacities for specified years; providing an
17 expiration date; amending s. 1001.03, F.S.; requiring
18 the State Board of Education to develop a prioritized
19 list of capital projects based on previously funded
20 but not completed projects and ranked priorities for
21 Florida College System institutions; requiring the
22 State Board of Education to develop a points-based
23 prioritization method to rank projects based on
24 specified criteria; specifying that specified new
25 projects at a Florida College System institution with
26 a final FTE of 15,000 or greater must satisfy
27 specified criteria; requiring weighted values within
28 the point scale; requiring the State Board of
29 Education to maintain a list of capital outlay
30 projects for which state funds have been appropriated
31 but which have not been completed; requiring the State
32 Board of Education to review its space need
33 calculation methodology and to present a summary and
34 preliminary recommendations to the chairs of the
35 legislative appropriations committees by a specified
36 date and at a specified interval thereafter; amending
37 s. 1001.706, F.S.; requiring the Board of Governors to
38 develop and annually deliver a training program for
39 members of state university boards of trustees;
40 requiring trustee participation within a specified
41 timeframe of appointment and reappointment; requiring
42 the inclusion of certain information in the training
43 program; requiring the board to define data components
44 and methodology for specified purposes; requiring
45 state universities to submit annual institutional
46 audits to the board’s Office of Inspector General;
47 requiring the board to match certain student
48 information with specified educational and employment
49 records; requiring the board to enter into an
50 agreement with the Department of Economic Opportunity
51 for certain purposes; providing requirements for such
52 agreement; requiring the Board of Governors to develop
53 a prioritized list of capital projects based on
54 previously funded but not completed projects and
55 ranked priorities at state universities; requiring the
56 Board of Governors to develop a points-based
57 prioritization method to rank projects based on
58 specified criteria; requiring the board to consider
59 specified criteria for certain projects; requiring
60 weighted values within the point scale; requiring the
61 Board of Governors to maintain a list of capital
62 outlay projects for which state funds have been
63 appropriated but which have not been completed;
64 requiring the Board of Governors to review and submit
65 its space need calculation methodology; amending s.
66 1004.70, F.S.; prohibiting a Florida College System
67 institution direct-support organization from giving,
68 directly or indirectly, any gift to a political
69 committee; amending s. 1007.23, F.S.; requiring the
70 statewide articulation agreement to include a reverse
71 transfer agreement for students transferring from a
72 Florida College System institution to a state
73 university without having earned an associate in arts
74 degree; requiring, by a specified academic year,
75 Florida College System institutions and state
76 universities to execute agreements to establish “2+2”
77 targeted pathway programs; providing requirements for
78 such agreements; specifying requirements for student
79 participation; requiring the State Board of Education
80 and the Board of Governors to collaborate to eliminate
81 barriers in executing pathway articulation agreements;
82 amending s. 1007.25, F.S.; requiring a university to,
83 at specified times, notify students enrolled at the
84 university of the criteria and option to request an
85 associate in arts degree; requiring that universities
86 notify students not enrolled at the university who
87 meet specified criteria of the option to receive an
88 associate in arts degree, beginning with students
89 enrolled in the 2018-2019 academic year and
90 thereafter; amending s. 1008.32, F.S.; requiring the
91 Commissioner of Education to report certain audit
92 findings to the State Board of Education under certain
93 circumstances; requiring district school boards and
94 Florida College System institutions’ boards of
95 trustees to document compliance with the law under
96 certain circumstances; amending s. 1008.322, F.S.;
97 requiring the Chancellor of the State University
98 System to report certain audit findings to the Board
99 of Governors under certain circumstances; requiring
100 state universities’ boards of trustees to document
101 compliance with the law under certain circumstances;
102 amending s. 1009.215, F.S.; revising the academic
103 terms in which certain students are eligible to
104 receive Bright Futures Scholarships; providing that
105 such students may receive the scholarships for the
106 fall term for specified coursework under certain
107 circumstances; amending s. 1009.53, F.S.; removing a
108 requirement for a Florida high school graduate to
109 enroll in certain programs within 3 years of
110 graduation from high school in order to receive funds
111 from the Florida Bright Futures Scholarship Program;
112 expanding the Florida Bright Futures Scholarship
113 Program to include the Florida Gold Seal CAPE
114 Scholarship; conforming provisions to changes made by
115 the act; removing a limitation of 45 semester credit
116 hours or the equivalent for an annual award for the
117 scholarship program; requiring an institution that
118 receives scholarship funds for summer terms to certify
119 to the department certain funding information and
120 remit any undisbursed funds within a specified time;
121 amending s. 1009.531, F.S.; expanding the eligibility
122 for an initial award of a scholarship under the
123 Florida Bright Futures Scholarship Program to include
124 students who earn a high school diploma from a private
125 school; modifying the date by which certain students
126 must apply for a scholarship under the program;
127 deleting provisions relating to scholarship
128 eligibility and application requirements for certain
129 students who graduated from high school during
130 specified years; extending the amount of time in which
131 a student may reapply for an award to 5 years after
132 high school graduation; extending the amount of time
133 in which a student who enlists in the United States
134 Armed Forces immediately after high school may apply
135 for an award to 5 years after separation from active
136 duty; providing that a student who is unable to accept
137 an initial award due to a religious or service
138 obligation may apply for an award within 5 years after
139 the completion of his or her religious or service
140 obligation; requiring that school districts provide a
141 Florida Bright Futures Scholarship Evaluation Report
142 and Key only to students in specified grades; allowing
143 a student who does not meet certain requirements for a
144 program award additional time to meet such
145 requirements under certain conditions; providing that
146 such students who timely meet the requirements must
147 receive an award for the full academic year; revising
148 the minimum examination scores required for a student
149 to be eligible for a Florida Academic Scholars award
150 or a Florida Medallion Scholars award; requiring the
151 Department of Education to develop a method for
152 determining the required examination scores which
153 ensures equivalency between specified examinations and
154 is consistent with specified limitations; requiring
155 the department to publish any changes to examination
156 score requirements; conforming a provision to changes
157 made by the act; amending s. 1009.532, F.S.; revising
158 student eligibility requirements for renewal of
159 Florida Bright Futures Scholarship Program awards;
160 removing obsolete language; conforming provisions to
161 changes made by the act; amending s. 1009.536, F.S.;
162 permitting certain Florida Gold Seal CAPE Scholars to
163 receive an award from a specified funding source;
164 providing grade point average requirements for Florida
165 Gold Seal CAPE Scholars; removing limitations for
166 certain academic years on the number of credit hours
167 to which a student may apply a Florida Gold Seal
168 Vocational Scholarship; amending s. 1011.45, F.S.;
169 requiring each state university to maintain a minimum
170 carry forward balance of at least 7 percent of its
171 state operating budget; requiring a university that
172 fails to maintain such balance to submit a plan to the
173 Board of Governors to attain the minimum balance;
174 requiring each university with a carry forward balance
175 in excess of 7 percent to submit a spending plan to
176 the university board of trustees; specifying
177 requirements and authorized expenditures in such
178 spending plan; requiring each university chief
179 financial officer to certify annually the unexpended
180 amount of carry forward amounts from specified funds;
181 amending s. 1011.80, F.S.; removing a limitation on
182 the maximum amount of funding that may be appropriated
183 for performance funding relating to funds for
184 operation of workforce education programs; creating s.
185 1011.802, F.S.; creating the Florida Pathways to
186 Career Opportunities Grant Program; providing for
187 funding; providing purpose, requirements, and
188 administration of the program; requiring certain
189 career centers and institutions to provide quarterly
190 reports; authorizing rulemaking; amending s. 1011.81,
191 F.S.; removing a limitation on the maximum amount of
192 funding that may be appropriated for performance
193 funding relating to industry certifications for
194 Florida College System institutions; amending s.
195 1011.84, F.S.; establishing a threshold of the
196 unencumbered balance at a Florida College System
197 institution based on the final FTE at the Florida
198 College System institution in the prior year;
199 requiring each Florida College System institution
200 chief financial officer to annually certify the
201 unexpended amount of specified funds; amending s.
202 1013.03, F.S.; requiring the State Board of Education
203 and the Board of Governors to establish uniform space
204 utilization standards that include standards for post
205 secondary classroom and teaching laboratory space;
206 requiring the State Board of Education and the Board
207 of Governors to adopt standards for use in each
208 Florida College System institution’s and state
209 university’s survey; requiring the State Board of
210 Education and the Board of Governors to define and
211 apply specified space utilization metrics when
212 calculating space need; amending s. 1013.31, F.S.;
213 requiring projections for facility space needs for
214 each Florida College System institution to comply with
215 specified space needs utilization standards and
216 metrics; requiring projections for facility space
217 needs for each state university to comply with
218 specified space needs utilization standards and
219 metrics; amending s. 1013.40, F.S.; prohibiting the
220 finance of additional dormitory beds through the
221 issuance of bonds by Florida College System
222 institutions; providing that bonds may be issued by
223 nonpublic entities as part of a public-private
224 partnership; amending s. 1013.60, F.S.; requiring the
225 Commissioner of Education to develop a budget request
226 allocation plan for a specified purpose; establishing
227 requirements for the budget request allocation plan to
228 include an assessment over the 3 years of the plan of
229 the amount of state funding needed to complete
230 previously funded projects; amending s. 1013.64, F.S.;
231 requiring the Board of Governors to specify by
232 regulation the procedures for reporting or expending
233 specified funds; requiring each university to report
234 expended amounts from all sources; requiring the State
235 Board of Education to specify by rule the procedures
236 for the reporting of specified funds appropriated or
237 expended; establishing a timeframe by which the State
238 Board of Education and Board of Governors must update
239 the capital outlay project list, with specified
240 criteria; creating s. 1013.841, F.S.; requiring
241 unexpended amounts in any fund in any Florida College
242 System institution current year state operating budget
243 to be carried forward and included in the approved
244 operating budget for the following year; requiring
245 each Florida College System institution with a final
246 FTE of less than 15,000 to maintain a minimum carry
247 forward balance of at least 5 percent of its state
248 operating budget; requiring each Florida College
249 System institution president, if the institution fails
250 to maintain such balance, to provide written
251 notification to the State Board of Education;
252 requiring each Florida College System institution with
253 a final FTE of less than 15,000 that retains a state
254 operating fund carry forward balance in excess of 5
255 percent to submit a spending plan for its excess carry
256 forward funds with specified requirements; requiring
257 each Florida College System institution with a final
258 FTE of 15,000 or greater to maintain a minimum carry
259 forward balance of at least 7 percent of its state
260 operating budget; requiring each Florida College
261 System institution with a final FTE of 15,000 or
262 greater that retains a state operating fund carry
263 forward balance in excess of 7 percent to submit a
264 spending plan for its excess carry forward funds with
265 specified requirements; requiring that state
266 university and Florida College System institution
267 project surveys must utilize updated space need
268 calculations; providing an effective date.
269
270 Be It Enacted by the Legislature of the State of Florida:
271
272 Section 1. Paragraph (c) of subsection (2) of section
273 11.45, Florida Statutes, is amended to read:
274 11.45 Definitions; duties; authorities; reports; rules.—
275 (2) DUTIES.—The Auditor General shall:
276 (c) Annually conduct financial audits of all state
277 universities and Florida College System institutions and verify
278 the accuracy of the amounts certified by each state university
279 and Florida College System institution chief financial officer
280 pursuant to ss. 1011.45 and 1011.84 state colleges.
281
282 The Auditor General shall perform his or her duties
283 independently but under the general policies established by the
284 Legislative Auditing Committee. This subsection does not limit
285 the Auditor General’s discretionary authority to conduct other
286 audits or engagements of governmental entities as authorized in
287 subsection (3).
288 Section 2. Subsection (6) of section 215.985, Florida
289 Statutes, is amended to read:
290 215.985 Transparency in government spending.—
291 (6) The Department of Management Services shall establish
292 and maintain a website that provides current information
293 relating to each employee or officer of a state agency, a state
294 university, a Florida College System institution, or the State
295 Board of Administration, regardless of the appropriation
296 category from which the person is paid.
297 (a) For each employee or officer, the information must
298 include, at a minimum, his or her:
299 1. Name and salary or hourly rate of pay.
300 2. Position number, class code, and class title.
301 3. Employing agency and budget entity.
302 (b) The information must be searchable by state agency,
303 state university, Florida College System institution, and the
304 State Board of Administration, and by employee name, salary
305 range, or class code and must be downloadable in a format that
306 allows offline analysis.
307 Section 3. Subsection (3) of section 216.136, Florida
308 Statutes, is amended to read:
309 216.136 Consensus estimating conferences; duties and
310 principals.—
311 (3) REVENUE ESTIMATING CONFERENCE.—
312 (a) The Revenue Estimating Conference shall develop such
313 official information with respect to anticipated state and local
314 government revenues as the conference determines is needed for
315 the state planning and budgeting system. Any principal may
316 request the conference to review and estimate revenues for any
317 trust fund.
318 (b) For each year in a forecast period, the Revenue
319 Estimating Conference must provide a maximum appropriation
320 estimate, which includes bonding, for funds accruing to the
321 Public Education Capital Outlay and Debt Service Trust Fund. The
322 maximum available appropriation estimate for each year must
323 assume the full utilization of available bonding capacity, as
324 limited by s. 215.61, and the full utilization of remaining
325 available cash balances.
326 (c) For each of the 2020-2021, 2021-2022, and 2022-2023
327 fiscal years, the conference shall also determine maximum
328 appropriations available for funds accruing to the Public
329 Education Capital Outlay and Debt Service Trust Fund, assuming
330 that the bonding capacity for each year is equal to the average
331 of annual bonding capacities, as determined under paragraph (b),
332 of that year and the years remaining through the 2022-2023
333 fiscal year. This paragraph expires July 1, 2023.
334 Section 4. Subsection (18) is added to section 1001.03,
335 Florida Statutes, to read:
336 1001.03 Specific powers of State Board of Education.—
337 (18) PUBLIC EDUCATION CAPITAL OUTLAY.—The State Board of
338 Education shall develop and submit the prioritized list required
339 by s. 1013.64(4). Projects considered for prioritization shall
340 be chosen from a preliminary selection group that shall include
341 the list of projects maintained pursuant to paragraph (d) and up
342 to the top five ranked priorities of each Florida College System
343 institution.
344 (a) The state board shall develop a points-based
345 prioritization method to rank projects for consideration from
346 the preliminary selection group and award points for the degree
347 to which a project meets specific criteria compared to other
348 projects in the preliminary selection group. The state board
349 shall consider criteria that evaluates the degree to which:
350 1. The project was previously funded by the Legislature and
351 the amount of funds needed for completion constitute a
352 relatively low percentage of total project costs;
353 2. The project represents a building maintenance project or
354 the repair of utility infrastructure which is necessary to
355 preserve a safe environment for students and staff, or a project
356 that is necessary to maintain the operation of a Florida College
357 System institution site, and for which the institution can
358 demonstrate that it has no other funding source available to
359 complete the project;
360 3. The project addresses the greatest current or projected
361 need for space as indicated by factors such as increased
362 instructional capacity that enhances educational opportunities
363 for students;
364 4. The project reflects a ranked priority of the submitting
365 Florida College System institution;
366 5. The project represents the most practical and cost
367 effective replacement or renovation of an existing building;
368 6. The project is deemed by the state board to be integral
369 to the mission of the system or the institution in serving the
370 strategic needs of communities, regions, or the state; and
371 7. For a new construction, remodeling, or renovation
372 project that has not received a prior appropriation, the project
373 has received, or has commitments to receive, funding from
374 sources other than a project-specific state appropriation to
375 assist with completion of the project and future maintenance
376 needs associated with the project; the project is needed to
377 preserve the safety of persons using the facility; or the
378 project is consistent with a strategic legislative or state
379 board initiative.
380 (b) For each Florida College System institution with a
381 final FTE of 15,000 or greater for the prior year, a new
382 construction, remodeling, or renovation project that has not
383 received an appropriation in a previous year may not be
384 considered for inclusion on the prioritized list required by s.
385 1013.64(4), unless:
386 1. There are sufficient excess funds from the allocation
387 provided pursuant to s. 1013.60 within the 3-year planning
388 period which are not needed to complete the projects listed
389 pursuant to paragraph (d); and
390 2. The project has been recommended pursuant to s. 1013.31.
391 (c) The project scoring the highest for each criterion
392 shall be awarded the maximum points in the range of points
393 within the points scale developed by the state board. The state
394 board shall weight the value of criteria such that the maximum
395 points awarded for each criterion represents a percent of the
396 total maximum points.
397 (d) The state board shall continually maintain a list of
398 all public education capital outlay projects for which state
399 funds were previously appropriated and have not been completed.
400 The list shall include an estimate of the amount of state
401 funding needed for the completion of each project.
402 (e) The state board shall review its space need calculation
403 methodology developed pursuant to s. 1013.03(2)(a) and present a
404 summary of its work with preliminary draft recommendations to
405 the chairs of the Senate and the House of Representatives
406 appropriations committees by January 15, 2020, and every 3 years
407 thereafter.
408 Section 5. Paragraph (e) of subsection (5) of section
409 1001.706, Florida Statutes, is amended, paragraph (j) is added
410 to subsection (3) and paragraph (i) is added to subsection (5)
411 of that section, and subsection (12) is added to that section,
412 to read:
413 1001.706 Powers and duties of the Board of Governors.—
414 (3) POWERS AND DUTIES RELATING TO ORGANIZATION AND
415 OPERATION OF STATE UNIVERSITIES.—
416 (j) The Board of Governors shall develop and annually
417 deliver a training program for members of each state university
418 board of trustees that addresses the role of such boards in
419 governing institutional resources and protecting the public
420 interest. At a minimum, each trustee must participate in the
421 training program within 1 year of appointment and reappointment
422 to a university board of trustees. The program must include
423 information on trustee responsibilities relating to all of the
424 following:
425 1. Meeting the statutory, regulatory, and fiduciary
426 obligations of the board.
427 2. Establishing internal process controls and
428 accountability mechanisms for the institution’s president and
429 other administrative officers.
430 3. Oversight of planning, construction, maintenance,
431 expansion, and renovation projects that impact the university’s
432 consolidated infrastructure, physical facilities, and natural
433 environment, including its lands, improvements, and capital
434 equipment.
435 4. Establishing policies that promote college
436 affordability, including ensuring that the costs of university
437 fees, textbooks, and instructional materials are minimized
438 whenever possible.
439 5. Creation and implementation of institutionwide rules and
440 regulations.
441 6. Institutional ethics and conflicts of interest.
442 7. Best practices for board governance.
443 8. Understanding current national and state issues in
444 higher education.
445 9. Any other responsibilities the Board of Governors deems
446 necessary or appropriate.
447 (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
448 (e) The Board of Governors shall maintain an effective
449 information system to provide accurate, timely, and cost
450 effective information about each university. The board shall
451 continue to collect and maintain, at a minimum, management
452 information as such information existed on June 30, 2002. To
453 ensure consistency, the Board of Governors shall define the data
454 components and methodology used to implement ss. 1001.7065 and
455 1001.92. Each university shall conduct an annual audit to verify
456 that the data submitted pursuant to ss. 1001.7065 and 1001.92
457 complies with the data definitions established by the board and
458 submit the audits to the Board of Governors Office of Inspector
459 General as part of the annual certification process required by
460 the Board of Governors.
461 (i) The Board of Governors shall match individual student
462 information with information in the files of state and federal
463 agencies that maintain educational and employment records. The
464 board must enter into an agreement with the Department of
465 Economic Opportunity that allows access to the individual
466 reemployment assistance wage records maintained by the
467 department. The agreement must protect individual privacy and
468 provide that student information may be used only for the
469 purposes of auditing or evaluating higher education programs
470 offered by state universities.
471 (12) PUBLIC EDUCATION CAPITAL OUTLAY.—The Board of
472 Governors shall submit the prioritized list as required by s.
473 1013.64(4). Projects considered for prioritization shall be
474 chosen from a preliminary selection group that shall include the
475 list of projects maintained pursuant to paragraph (d) and up to
476 the top five ranked priorities of each state university.
477 (a) The board shall develop a points-based prioritization
478 method to rank projects for consideration from the preliminary
479 selection group and award points for the degree to which a
480 project meets specific criteria compared to other projects in
481 the preliminary selection group. The board shall consider
482 criteria that evaluate the degree to which:
483 1. The project was funded previously by the Legislature and
484 the amount of funds needed for completion constitutes a
485 relatively low percentage of total project costs;
486 2. The project represents a building maintenance project or
487 the repair of utility infrastructure which is necessary to
488 preserve a safe environment for students and staff, or a project
489 that is necessary to maintain the operation of a university
490 site, and for which the university can demonstrate it has no
491 other fund source available to complete the project;
492 3. The project addresses the greatest current or projected
493 need for space as indicated by factors such as increased
494 instructional or research capacity that enhances educational
495 opportunities for students;
496 4. The project reflects a ranked priority of the submitting
497 university;
498 5. The project represents the most practical and cost-
499 effective replacement or renovation of an existing building;
500 6. The project is deemed integral to the mission of the
501 system or the institution in serving the strategic needs of
502 communities, regions, or this state; and
503 7. For a new construction, remodeling, or renovation
504 project that has not received a prior appropriation, the project
505 has received, or has commitments to receive, funding from
506 sources other than a project-specific state appropriation to
507 assist with completion of the project and future maintenance
508 needs associated with the project; the project is needed to
509 preserve the safety of persons using the facility; or the
510 project is consistent with a strategic legislative or board
511 initiative.
512 (b) A new construction, remodeling, or renovation project
513 that has not received an appropriation in a previous year may
514 not be considered for inclusion on the prioritized list required
515 by s. 1013.64(4), unless:
516 1. There are sufficient excess funds from the allocation
517 provided pursuant to s. 1013.60 within the 3-year planning
518 period which are not needed to complete the projects listed
519 pursuant to paragraph (d); and
520 2. The project has been recommended pursuant to s. 1013.31.
521 (c) The project scoring the highest for each criterion
522 shall be awarded the maximum points in the range of points
523 within the points scale developed by the board. The board shall
524 weight the value of criteria such that the maximum points
525 awarded for each criterion represent a percent of the total of
526 maximum points.
527 (d) The board shall continually maintain a list of all
528 public education capital outlay projects for which state funds
529 were previously appropriated which have not been completed. The
530 list shall include an estimate of the amount of state funding
531 needed for the completion of each project.
532 (e) The board shall review its space need calculation
533 methodology developed pursuant to s. 1013.03(2)(a) and present a
534 summary of its work with preliminary draft recommendations to
535 the chairs of the Senate and the House of Representatives
536 appropriations committees by January 15, 2020, and every 3 years
537 thereafter.
538 Section 6. Paragraph (d) of subsection (4) of section
539 1004.70, Florida Statutes, is amended to read:
540 1004.70 Florida College System institution direct-support
541 organizations.—
542 (4) ACTIVITIES; RESTRICTIONS.—
543 (d) A Florida College System institution direct-support
544 organization is prohibited from giving, either directly or
545 indirectly, any gift to a political committee as defined in s.
546 106.011 for any purpose other than those certified by a majority
547 roll call vote of the governing board of the direct-support
548 organization at a regularly scheduled meeting as being directly
549 related to the educational mission of the Florida College System
550 institution.
551 Section 7. Subsections (7) and (8) are added to section
552 1007.23, Florida Statutes, to read:
553 1007.23 Statewide articulation agreement.—
554 (7) The articulation agreement must specifically provide
555 for a reverse transfer agreement for Florida College System
556 associate in arts degree-seeking students who transfer to a
557 state university before earning an associate in arts degree.
558 Students must be awarded an associate in arts degree by the
559 Florida College System institution upon completion of degree
560 requirements at the state university if the student earned more
561 than 30 credit hours toward the associate in arts degree from
562 the Florida College System institution. State universities must
563 identify students who have completed the requirements for the
564 associate in arts degree and, upon student consent, transfer
565 credits earned at the state university back to the Florida
566 College System institution so that the associate in arts degree
567 may be awarded by the Florida College System institution.
568 (8) By the 2019-2020 academic year, to strengthen Florida’s
569 “2+2” system of articulation and improve student retention and
570 on-time graduation, each Florida College System institution
571 shall execute at least one “2+2” targeted pathway articulation
572 agreement with one or more state universities, and each state
573 university shall execute at least one such agreement with one or
574 more Florida College System institutions to establish “2+2”
575 targeted pathway programs. The agreement must provide students
576 who graduate with an associate in arts degree and who meet
577 specified requirements guaranteed access to the state university
578 and a degree program at that university, in accordance with the
579 terms of the “2+2” targeted pathway articulation agreement.
580 (a) To participate in a “2+2” targeted pathway program, a
581 student must:
582 1. Enroll in the program before completing 30 credit hours,
583 including, but not limited to, college credits earned through
584 articulated acceleration mechanisms pursuant to s. 1007.27;
585 2. Complete an associate in arts degree; and
586 3. Meet the university’s transfer requirements.
587 (b) A state university that executes a “2+2” targeted
588 pathway articulation agreement must meet the following
589 requirements in order to implement a “2+2” targeted pathway
590 program in collaboration with its partner Florida College System
591 institution:
592 1. Establish a 4-year, on-time graduation plan for a
593 baccalaureate degree program, including, but not limited to, a
594 plan for students to complete associate in arts degree programs,
595 general education courses, common prerequisite courses, and
596 elective courses;
597 2. Advise students enrolled in the program about the
598 university’s transfer and degree program requirements; and
599 3. Provide students who meet the requirements under this
600 paragraph with access to academic advisors and campus events and
601 with guaranteed admittance to the state university and a degree
602 program of the state university, in accordance with the terms of
603 the agreement.
604 (c) To assist the state universities and Florida College
605 System institutions with implementing the “2+2” targeted pathway
606 programs effectively, the State Board of Education and the Board
607 of Governors shall collaborate to eliminate barriers in
608 executing “2+2” targeted pathway articulation agreements.
609 Section 8. Subsection (11) of section 1007.25, Florida
610 Statutes, is amended to read:
611 1007.25 General education courses; common prerequisites;
612 other degree requirements.—
613 (11) Students at state universities may request an
614 associate in arts degree certificates if they have successfully
615 completed the minimum requirements for the degree of associate
616 in arts (A.A.). The university must grant the student an
617 associate in arts degree if the student has successfully
618 completed minimum requirements for the associate in arts degree,
619 as determined by the state university college-level
620 communication and computation skills adopted by the State Board
621 of Education and 60 academic semester hours or the equivalent
622 within a degree program area, including 36 semester hours in
623 general education courses in the subject areas of communication,
624 mathematics, social sciences, humanities, and natural sciences,
625 consistent with the general education requirements specified in
626 the articulation agreement pursuant to s. 1007.23. The
627 university must notify students of the criteria and process for
628 requesting an associate in arts degree during orientation.
629 Additional notification must be provided to each student
630 enrolled at the university upon completion of the requirements
631 for an associate in arts degree. Beginning with students
632 enrolled at the university in the 2018-2019 academic year and
633 thereafter, the university must also notify any student who has
634 not graduated from the university of the option and process to
635 request an associate in arts degree if that student has
636 completed the requirements for an associate in arts degree but
637 has not reenrolled at the university in the subsequent fall
638 semester and thereafter.
639 Section 9. Subsection (2) of section 1008.32, Florida
640 Statutes, is amended to read:
641 1008.32 State Board of Education oversight enforcement
642 authority.—The State Board of Education shall oversee the
643 performance of district school boards and Florida College System
644 institution boards of trustees in enforcement of all laws and
645 rules. District school boards and Florida College System
646 institution boards of trustees shall be primarily responsible
647 for compliance with law and state board rule.
648 (2)(a) The Commissioner of Education may investigate
649 allegations of noncompliance with law or state board rule and
650 determine probable cause. The commissioner shall report
651 determinations of probable cause to the State Board of Education
652 which shall require the district school board or Florida College
653 System institution board of trustees to document compliance with
654 law or state board rule.
655 (b) The Commissioner of Education shall report to the State
656 Board of Education any findings by the Auditor General that a
657 district school board or Florida College System institution is
658 acting without statutory authority or contrary to general law.
659 The State Board of Education shall require the district school
660 board or Florida College System institution board of trustees to
661 document compliance with such law.
662 Section 10. Subsection (3) of section 1008.322, Florida
663 Statutes, is amended to read:
664 1008.322 Board of Governors oversight enforcement
665 authority.—
666 (3)(a) The Chancellor of the State University System may
667 investigate allegations of noncompliance with any law or Board
668 of Governors’ rule or regulation and determine probable cause.
669 The chancellor shall report determinations of probable cause to
670 the Board of Governors, which may require the university board
671 of trustees to document compliance with the law or Board of
672 Governors’ rule or regulation.
673 (b) The Chancellor of the State University System shall
674 report to the Board of Governors any findings by the Auditor
675 General that a university is acting without statutory authority
676 or contrary to general law. The Board of Governors shall require
677 the university board of trustees to document compliance with
678 such law.
679 Section 11. Effective July 1, 2019, and upon the expiration
680 and reversion of the amendment made to section 1009.215, Florida
681 Statutes, pursuant to section 13 of chapter 2018-10, Laws of
682 Florida, subsection (3) of section 1009.215, Florida Statutes,
683 is amended to read:
684 1009.215 Student enrollment pilot program for the spring
685 and summer terms.—
686 (3) Students who are enrolled in the pilot program and who
687 are eligible to receive Bright Futures Scholarships under ss.
688 1009.53-1009.536 are shall be eligible to receive the
689 scholarship award for attendance during the spring and summer
690 terms. This student cohort is also eligible to receive Bright
691 Futures Scholarships during the fall term which may be used for
692 off-campus or online coursework, if Bright Futures Scholarship
693 funding is provided by the Legislature for three terms for other
694 eligible students during that academic year no more than 2
695 semesters or the equivalent in any fiscal year, including the
696 summer term.
697 Section 12. Subsections (1), (2), and (3), paragraph (a) of
698 subsection (4), subsection (5), and subsection (7) of section
699 1009.53, Florida Statutes, are amended to read:
700 1009.53 Florida Bright Futures Scholarship Program.—
701 (1) The Florida Bright Futures Scholarship Program is
702 created to establish a lottery-funded scholarship program to
703 reward any Florida high school graduate who merits recognition
704 of high academic achievement and who enrolls in a degree
705 program, certificate program, or applied technology program at
706 an eligible Florida public or private postsecondary education
707 institution within 3 years of graduation from high school.
708 (2) The Bright Futures Scholarship Program consists of four
709 three types of awards: the Florida Academic Scholarship, the
710 Florida Medallion Scholarship, the Florida Gold Seal CAPE
711 Scholarship, and the Florida Gold Seal Vocational Scholarship.
712 (3) The Department of Education shall administer the Bright
713 Futures Scholarship Program according to rules and procedures
714 established by the State Board of Education. A single
715 application must be sufficient for a student to apply for any of
716 the three types of awards. The department shall advertise the
717 availability of the scholarship program and shall notify
718 students, teachers, parents, certified school counselors, and
719 principals or other relevant school administrators of the
720 criteria and application procedures. The department must begin
721 this process of notification no later than January 1 of each
722 year.
723 (4) Funding for the Bright Futures Scholarship Program must
724 be allocated from the Education Enhancement Trust Fund and must
725 be provided before allocations from that fund are calculated for
726 disbursement to other educational entities.
727 (a) If funds appropriated are not adequate to provide the
728 maximum allowable award to each eligible applicant, awards in
729 all three components of the program must be prorated using the
730 same percentage reduction.
731 (5) The department shall issue awards from the scholarship
732 program annually. Annual awards may be for up to 45 semester
733 credit hours or the equivalent. Before the registration period
734 each semester, the department shall transmit payment for each
735 award to the president or director of the postsecondary
736 education institution, or his or her representative, except that
737 the department may withhold payment if the receiving institution
738 fails to report or to make refunds to the department as required
739 in this section.
740 (a) Within 30 days after the end of regular registration
741 each semester, the educational institution shall certify to the
742 department the eligibility status of each student who receives
743 an award. After the end of the drop and add period, an
744 institution is not required to reevaluate or revise a student’s
745 eligibility status; however, an institution must make a refund
746 to the department within 30 days after the end of the semester
747 of any funds received for courses dropped by a student or
748 courses from which a student has withdrawn after the end of the
749 drop and add period, unless the student has been granted an
750 exception by the department pursuant to subsection (11).
751 (b) An institution that receives funds from the program for
752 the fall and spring terms shall certify to the department the
753 amount of funds disbursed to each student and shall remit to the
754 department any undisbursed advances within 60 days after the end
755 of regular registration. An institution that receives funds from
756 the program for the summer term shall certify to the department
757 the amount of funds disbursed to each student and shall remit to
758 the department any undisbursed advances within 30 days after the
759 end of the summer term.
760 (c) Each institution that receives moneys through this
761 program shall provide for a financial audit, as defined in s.
762 11.45, conducted by an independent certified public accountant
763 or the Auditor General for each fiscal year in which the
764 institution expends program moneys in excess of $100,000. At
765 least every 2 years, the audit shall include an examination of
766 the institution’s administration of the program and the
767 institution’s accounting of the moneys for the program since the
768 last examination of the institution’s administration of the
769 program. The report on the audit must be submitted to the
770 department within 9 months after the end of the fiscal year. The
771 department may conduct its own annual audit of an institution’s
772 administration of the program. The department may request a
773 refund of any moneys overpaid to the institution for the
774 program. The department may suspend or revoke an institution’s
775 eligibility to receive future moneys for the program if the
776 department finds that an institution has not complied with this
777 section. The institution must remit within 60 days any refund
778 requested in accordance with this subsection.
779 (d) Any institution that is not subject to an audit
780 pursuant to this subsection shall attest, under penalty of
781 perjury, that the moneys were used in compliance with law. The
782 attestation shall be made annually in a form and format
783 determined by the department.
784 (7) A student may receive only one type of award from the
785 Florida Bright Futures Scholarship Program at any given a time,
786 but may transfer from one type of award to another through the
787 renewal application process, if the student’s eligibility status
788 changes. However, a student is not eligible to transfer from a
789 Florida Medallion Scholarship, a Florida Gold Seal CAPE
790 Scholarship, or a Florida Gold Seal Vocational Scholarship to a
791 Florida Academic Scholarship. A student who receives an award
792 from the program may also receive a federal family education
793 loan or a federal direct loan, and the value of the award must
794 be considered in the certification or calculation of the
795 student’s loan eligibility.
796 Section 13. Section 1009.531, Florida Statutes, is amended
797 to read:
798 1009.531 Florida Bright Futures Scholarship Program;
799 student eligibility requirements for initial awards.—
800 (1) In order to be eligible for an initial award from any
801 of the three types of scholarships under the Florida Bright
802 Futures Scholarship Program, a student must:
803 (a) Be a Florida resident as defined in s. 1009.40 and
804 rules of the State Board of Education.
805 (b) Earn a standard Florida high school diploma pursuant to
806 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282 or a high school
807 equivalency diploma pursuant to s. 1003.435 unless:
808 1. The student completes a home education program according
809 to s. 1002.41; or
810 2. The student earns a high school diploma from a non
811 Florida school while living with a parent or guardian who is on
812 military or public service assignment away from Florida; or
813 3. The student earns a high school diploma from a Florida
814 private school operating pursuant to s. 1002.42.
815 (c) Be accepted by and enroll in an eligible Florida public
816 or independent postsecondary education institution.
817 (d) Be enrolled for at least 6 semester credit hours or the
818 equivalent in quarter hours or clock hours.
819 (e) Not have been found guilty of, or entered a plea of
820 nolo contendere to, a felony charge, unless the student has been
821 granted clemency by the Governor and Cabinet sitting as the
822 Executive Office of Clemency.
823 (f) Apply for a scholarship from the program by high school
824 graduation. However, a student who graduates from high school
825 midyear must apply no later than December August 31 of the
826 student’s graduation year in order to be evaluated for and, if
827 eligible, receive an award for the current academic year.
828 (2)(a) A student graduating from high school prior to the
829 2010-2011 academic year is eligible to accept an initial award
830 for 3 years following high school graduation and to accept a
831 renewal award for 7 years following high school graduation. A
832 student who applies for an award by high school graduation and
833 who meets all other eligibility requirements, but who does not
834 accept his or her award, may reapply during subsequent
835 application periods up to 3 years after high school graduation.
836 For a student who enlists in the United States Armed Forces
837 immediately after completion of high school, the 3-year
838 eligibility period for his or her initial award shall begin upon
839 the date of separation from active duty. For a student who is
840 receiving a Florida Bright Futures Scholarship and discontinues
841 his or her education to enlist in the United States Armed
842 Forces, the remainder of his or her 7-year renewal period shall
843 commence upon the date of separation from active duty.
844 (b) Students graduating from high school in the 2010-2011
845 and 2011-2012 academic years are eligible to accept an initial
846 award for 3 years following high school graduation and to accept
847 a renewal award for 5 years following high school graduation. A
848 student who applies for an award by high school graduation and
849 who meets all other eligibility requirements, but who does not
850 accept his or her award, may reapply during subsequent
851 application periods up to 3 years after high school graduation.
852 For a student who enlists in the United States Armed Forces
853 immediately after completion of high school, the 3-year
854 eligibility period for his or her initial award and the 5-year
855 renewal period shall begin upon the date of separation from
856 active duty. For a student who is receiving a Florida Bright
857 Futures Scholarship award and discontinues his or her education
858 to enlist in the United States Armed Forces, the remainder of
859 his or her 5-year renewal period shall commence upon the date of
860 separation from active duty. If a course of study is not
861 completed after 5 academic years, an exception of 1 year to the
862 renewal timeframe may be granted due to a verifiable illness or
863 other documented emergency pursuant to s. 1009.40(1)(b)4.
864 (c) A student graduating from high school in the 2012-2013
865 academic year and thereafter is eligible to receive an accept an
866 initial award for 2 years following high school graduation and
867 to accept a renewal award for 5 years following high school
868 graduation. A student who applies for an award by high school
869 graduation and who meets all other eligibility requirements, but
870 who does not accept his or her award, may reapply during
871 subsequent application periods up to 5 2 years after high school
872 graduation. For a student who enlists in the United States Armed
873 Forces immediately after completion of high school, the 2-year
874 eligibility period for his or her initial award and the 5-year
875 renewal period shall begin upon the date of separation from
876 active duty. For a student who is receiving a Florida Bright
877 Futures Scholarship award and discontinues his or her education
878 to enlist in the United States Armed Forces, the remainder of
879 his or her 5-year renewal period shall commence upon the date of
880 separation from active duty. For a student who is unable to
881 accept an initial award immediately after completion of high
882 school due to a full-time religious or service obligation
883 lasting at least 18 months which begins within 1 year after
884 completion of high school, the 2-year eligibility period for his
885 or her initial award and the 5-year renewal period begins begin
886 upon the completion of his or her religious or service
887 obligation. The organization sponsoring the full-time religious
888 or service obligation must meet the requirements for nonprofit
889 status under s. 501(c)(3) of the Internal Revenue Code or be a
890 federal government service organization, including, but not
891 limited to, the Peace Corps and AmeriCorps programs. The
892 obligation must be documented in writing and verified by the
893 entity for which the student completed the obligation on a
894 standardized form prescribed by the department. If a course of
895 study is not completed after 5 academic years, an exception of 1
896 year to the renewal timeframe may be granted due to a verifiable
897 illness or other documented emergency pursuant to s.
898 1009.40(1)(b)4.
899 (3) For purposes of calculating the grade point average to
900 be used in determining initial eligibility for a Florida Bright
901 Futures Scholarship, the department shall assign additional
902 weights to grades earned in the following courses:
903 (a) Courses identified in the course code directory as
904 Advanced Placement, pre-International Baccalaureate,
905 International Baccalaureate, International General Certificate
906 of Secondary Education (pre-AICE), or Advanced International
907 Certificate of Education.
908 (b) Courses designated as academic dual enrollment courses
909 in the statewide course numbering system.
910
911 The department may assign additional weights to courses, other
912 than those described in paragraphs (a) and (b), that are
913 identified by the Department of Education as containing rigorous
914 academic curriculum and performance standards. The additional
915 weight assigned to a course pursuant to this subsection shall
916 not exceed 0.5 per course. The weighted system shall be
917 developed and distributed to all high schools in the state prior
918 to January 1, 1998. The department may determine a student’s
919 eligibility status during the senior year before graduation and
920 may inform the student of the award at that time.
921 (4) Each school district shall annually provide to each
922 high school student in grade 11 or 12 a complete and accurate
923 Florida Bright Futures Scholarship Evaluation Report and Key.
924 The report shall be disseminated at the beginning of each school
925 year. The report must include all high school coursework
926 attempted, the number of credits earned toward each type of
927 award, and the calculation of the grade point average for each
928 award. The report must also identify all requirements not met
929 per award, including the grade point average requirement, as
930 well as identify the awards for which the student has met the
931 academic requirements. The student report cards must contain a
932 disclosure that the grade point average calculated for purposes
933 of the Florida Bright Futures Scholarship Program may differ
934 from the grade point average on the report card.
935 (5) A student who wishes to qualify for a particular award
936 within the Florida Bright Futures Scholarship Program, but who
937 does not meet all of the requirements for that level of award by
938 the applicable deadlines, may be allowed additional time to
939 complete the requirements, nevertheless, receive the award if
940 the principal of the student’s school or the district
941 superintendent verifies that the deficiency is caused by the
942 fact that school district personnel provided inaccurate or
943 incomplete information to the student. The school district must
944 provide a means for the student to correct the deficiencies and
945 the student must correct them, either by completing comparable
946 work at the postsecondary institution or by completing a
947 directed individualized study program developed and administered
948 by the school district. If the student does not complete the
949 requirements by December 31 immediately following high school
950 graduation, the student is ineligible to participate in the
951 program. If the student completes the requirements by December
952 31, the student must receive the award for the full academic
953 year, including the fall term.
954 (6)(a) The State Board of Education shall publicize the
955 examination score required for a student to be eligible for a
956 Florida Academic Scholars award, pursuant to s. 1009.534(1)(a)
957 or (b), as follows:
958 1. For high school students graduating in the 2018-2019 and
959 2019-2020 academic years, a student must achieve an SAT combined
960 score of 1290 or an ACT composite score of 29.
961 2. For high school students graduating in the 2020-2021
962 academic year and thereafter, a student must achieve the
963 required examination scores published by the department, which
964 are determined as provided in subsection (c) High school
965 students must earn an SAT score of 1290 which corresponds to the
966 89th SAT percentile rank or a concordant ACT score of 29.
967 (b) The State Board of Education shall publicize the
968 examination score required for a student to be eligible for a
969 Florida Medallion Scholars award, pursuant to s. 1009.535(1)(a)
970 or (b), as follows:
971 1. For high school students graduating in the 2018-2019 and
972 2019-2020 academic years, a student must achieve an SAT combined
973 score of 1170 or an ACT composite score of 26.
974 2. For high school students graduating in the 2020-2021
975 academic year and thereafter, a student must achieve the
976 required examination scores published by the department, which
977 are determined as provided in subsection (c) High school
978 students must earn an SAT score of 1170 which corresponds to the
979 75th SAT percentile rank or a concordant ACT score of 26.
980 (c) To ensure that the required examination scores
981 represent top student performance and are equivalent between the
982 SAT and ACT, the department shall develop a method for
983 determining the required examination scores which incorporates
984 all of the following:
985 1. The minimum required SAT score for the Florida Academic
986 Scholarship must be set no lower than the 89th national
987 percentile on the SAT. The department may adjust the required
988 SAT score only if the required score drops below the 89th
989 national percentile, and any such adjustment must be applied to
990 the bottom of the SAT score range that is concordant to the ACT.
991 2. The minimum required SAT score for the Florida Medallion
992 Scholarship must be set no lower than the 75th national
993 percentile on the SAT. The department may adjust the required
994 SAT score only if the required score drops below the 75th
995 national percentile, and any such adjustment must be made to the
996 bottom of the SAT score range that is concordant to the ACT.
997 3. The required ACT scores must be made concordant to the
998 required SAT scores, using the latest published national
999 concordance table developed jointly by the College Board and
1000 ACT, Inc.
1001 (d) Before each school year, the department shall publish
1002 any changes to the examination score requirements that apply to
1003 students graduating in the next 2 years The SAT percentile ranks
1004 and corresponding SAT scores specified in paragraphs (a) and (b)
1005 are based on the SAT percentile ranks for 2010 college-bound
1006 seniors in critical reading and mathematics as reported by the
1007 College Board. The next highest SAT score is used when the
1008 percentile ranks do not directly correspond.
1009 Section 14. Section 1009.532, Florida Statutes, is amended
1010 to read:
1011 1009.532 Florida Bright Futures Scholarship Program;
1012 student eligibility requirements for renewal awards.—
1013 (1) To be eligible to renew a scholarship from any of the
1014 three types of scholarships under the Florida Bright Futures
1015 Scholarship Program, a student must:
1016 (a) Effective for students funded in the 2009-2010 academic
1017 year and thereafter, earn at least 24 semester credit hours or
1018 the equivalent in the last academic year in which the student
1019 earned a scholarship if the student was enrolled full time, or a
1020 prorated number of credit hours as determined by the Department
1021 of Education if the student was enrolled less than full time for
1022 any part of the academic year. For students initially eligible
1023 prior to the 2010-2011 academic term, if a student fails to earn
1024 the minimum number of hours required to renew the scholarship,
1025 the student shall lose his or her eligibility for renewal for a
1026 period equivalent to 1 academic year. Such student is eligible
1027 to restore the award the following academic year if the student
1028 earns the hours for which he or she was enrolled at the level
1029 defined by the department and meets the grade point average for
1030 renewal. A student is eligible for such restoration one time.
1031 The department shall notify eligible recipients of the
1032 provisions of this paragraph. Each institution shall notify
1033 award recipients of the provisions of this paragraph during the
1034 registration process.
1035 (b) Maintain the cumulative grade point average required by
1036 the scholarship program, except that:
1037 1. If a recipient’s grades fall beneath the average
1038 required to renew a Florida Academic Scholarship, but are
1039 sufficient to renew a Florida Medallion Scholarship, a Florida
1040 Gold Seal CAPE Scholarship, or a Florida Gold Seal Vocational
1041 Scholarship, the Department of Education may grant a renewal
1042 from one of those other scholarship programs, if the student
1043 meets the renewal eligibility requirements;
1044 2. For students initially eligible prior to the 2010-2011
1045 academic term, if at any time during the eligibility period a
1046 student’s grades are insufficient to renew the scholarship, the
1047 student may restore eligibility by improving the grade point
1048 average to the required level. A student is eligible for such a
1049 restoration one time. The Legislature encourages education
1050 institutions to assist students to calculate whether or not it
1051 is possible to raise the grade point average during the summer
1052 term. If the institution determines that it is possible, the
1053 education institution may so inform the department, which may
1054 reserve the student’s award if funds are available. The renewal,
1055 however, must not be granted until the student achieves the
1056 required cumulative grade point average. If the summer term is
1057 not sufficient to raise the grade point average to the required
1058 renewal level, the student’s next opportunity for renewal is the
1059 fall semester of the following academic year; or
1060 2.3. For students initially eligible in the 2010-2011
1061 academic term and thereafter, if at any time during a student’s
1062 first academic year the student’s grades are insufficient to
1063 renew the scholarship, the student may restore eligibility by
1064 improving the grade point average to the required level. A
1065 student is eligible for such a restoration one time. The
1066 Legislature encourages education institutions to assist students
1067 to calculate whether or not it is possible to raise the grade
1068 point average during the summer term. If the education
1069 institution determines that it is possible, the institution may
1070 so inform the department, which may reserve the student’s award
1071 if funds are available. The renewal, however, must not be
1072 granted until the student achieves the required cumulative grade
1073 point average. If the summer term is not sufficient to raise the
1074 grade point average to the required renewal level, the student’s
1075 next opportunity for renewal is the fall semester of the
1076 following academic year.
1077 (c) Reimburse or make satisfactory arrangements to
1078 reimburse the institution for the award amount received for
1079 courses dropped after the end of the drop and add period or
1080 courses from which the student withdraws after the end of the
1081 drop and add period unless the student has received an exception
1082 pursuant to s. 1009.53(11).
1083 (2) For students initially eligible in the 2010-2011
1084 academic term and thereafter, and unless otherwise provided in
1085 this section, if a student does not meet the requirements for
1086 renewal of a scholarship because of lack of completion of
1087 sufficient credit hours or insufficient grades, the scholarship
1088 shall be renewed only if the student failed to complete
1089 sufficient credit hours or to meet sufficient grade requirements
1090 due to verifiable illness or other documented emergency, in
1091 which case the student may be granted an exception from academic
1092 requirements pursuant to s. 1009.40(1)(b)4.
1093 (3)(a) A student who is initially eligible prior to the
1094 2010-2011 academic year and is enrolled in a program that
1095 terminates in an associate degree or a baccalaureate degree may
1096 receive an award for a maximum of 110 percent of the number of
1097 credit hours required to complete the program. A student who is
1098 enrolled in a program that terminates in a career certificate
1099 may receive an award for a maximum of 110 percent of the credit
1100 hours or clock hours required to complete the program up to 90
1101 credit hours.
1102 (b) Students who are initially eligible in the 2010-2011
1103 and 2011-2012 academic years may receive an award for a maximum
1104 of 100 percent of the number of credit hours required to
1105 complete an associate degree program or a baccalaureate degree
1106 program or receive an award for a maximum of 100 percent of the
1107 credit hours or clock hours required to complete up to 90 credit
1108 hours of a program that terminates in a career certificate.
1109 (a)(c) A student who is initially eligible in the 2012-2013
1110 academic year and thereafter may receive an award for a maximum
1111 of 100 percent of the number of credit hours required to
1112 complete an associate degree program, a baccalaureate degree
1113 program, or a postsecondary career certificate program or, for a
1114 Florida Gold Seal Vocational Scholars award, may receive an
1115 award for a maximum of 100 percent of the number of credit hours
1116 or equivalent clock hours required to complete one of the
1117 following at a Florida public or nonpublic education institution
1118 that offers these specific programs: for an applied technology
1119 diploma program as defined in s. 1004.02(7), up to 60 credit
1120 hours or equivalent clock hours; for a technical degree
1121 education program as defined in s. 1004.02(13), up to the number
1122 of hours required for a specific degree not to exceed 72 credit
1123 hours or equivalent clock hours; or for a career certificate
1124 program as defined in s. 1004.02(20), up to the number of hours
1125 required for a specific certificate not to exceed 72 credit
1126 hours or equivalent clock hours. A student who transfers from
1127 one of these program levels to another program level becomes
1128 eligible for the higher of the two credit hour limits.
1129 (b)(d)1. A student who is initially eligible in the 2017
1130 2018 academic year and thereafter for a Florida Gold Seal CAPE
1131 Scholars award under s. 1009.536(2) may receive an award for a
1132 maximum of 100 percent of the number of credit hours or
1133 equivalent clock hours required to complete one of the following
1134 at a Florida public or nonpublic education institution that
1135 offers these specific programs: for an applied technology
1136 diploma program as defined in s. 1004.02(7), up to 60 credit
1137 hours or equivalent clock hours; for a technical degree
1138 education program as defined in s. 1004.02(13), up to the number
1139 of hours required for a specific degree, not to exceed 72 credit
1140 hours or equivalent clock hours; or for a career certificate
1141 program as defined in s. 1004.02(20), up to the number of hours
1142 required for a specific certificate, not to exceed 72 credit
1143 hours or equivalent clock hours. A student who transfers from
1144 one of these program levels to another program level is eligible
1145 for the higher of the two credit hour limits.
1146 2. A Florida Gold Seal CAPE Scholar who completes a
1147 technical degree education program as defined in s. 1004.02(13)
1148 may also receive an award for:
1149 a. A maximum of 60 credit hours for a bachelor of science
1150 degree program for which there is a statewide associate in
1151 science degree program to bachelor of science degree program
1152 articulation agreement; or
1153 b. A maximum of 60 credit hours for a bachelor of applied
1154 science degree program at a Florida College System institution.
1155 (4) A student who receives an initial award during the
1156 spring term shall be evaluated for scholarship renewal after the
1157 completion of a full academic year, which begins with the fall
1158 term.
1159 (5) A student who receives an award and is subsequently
1160 determined ineligible due to updated grade or hour information
1161 may not receive a disbursement for a subsequent term, unless the
1162 student successfully restores the award.
1163 Section 15. Subsections (3), (4), and (5) of section
1164 1009.536, Florida Statutes, are amended to read:
1165 1009.536 Florida Gold Seal Vocational Scholars and Florida
1166 Gold Seal CAPE Scholars awards.—The Florida Gold Seal Vocational
1167 Scholars award and the Florida Gold Seal CAPE Scholars award are
1168 created within the Florida Bright Futures Scholarship Program to
1169 recognize and reward academic achievement and career preparation
1170 by high school students who wish to continue their education.
1171 (3) A Florida Gold Seal Vocational Scholar or a Florida
1172 Gold Seal CAPE Scholar who is enrolled in a public or nonpublic
1173 postsecondary education institution is eligible for an award
1174 equal to the amount specified in the General Appropriations Act
1175 to assist with the payment of educational expenses.
1176 (4) To be eligible for a renewal award as a Florida Gold
1177 Seal Vocational Scholar or a Florida Gold Seal CAPE Scholar, a
1178 student must maintain the equivalent of a cumulative grade point
1179 average of 2.75 on a 4.0 scale with an opportunity for
1180 restoration one time as provided in this chapter.
1181 (5)(a) A student who is initially eligible prior to the
1182 2010-2011 academic year may earn a Florida Gold Seal Vocational
1183 Scholarship for 110 percent of the number of credit hours
1184 required to complete the program, up to 90 credit hours or the
1185 equivalent.
1186 (b) Students who are initially eligible in the 2010-2011
1187 and 2011-2012 academic years may earn a Florida Gold Seal
1188 Vocational Scholarship for 100 percent of the number of credit
1189 hours required to complete the program, up to 90 credit hours or
1190 the equivalent.
1191 (c) A student who is initially eligible in the 2012-2013
1192 academic year and thereafter may earn a Florida Gold Seal
1193 Vocational Scholarship for a maximum of 100 percent of the
1194 number of credit hours or equivalent clock hours required to
1195 complete one of the following at a Florida public or nonpublic
1196 education institution that offers these specific programs: for
1197 an applied technology diploma program as defined in s.
1198 1004.02(7), up to 60 credit hours or equivalent clock hours; for
1199 a technical degree education program as defined in s.
1200 1004.02(13), up to the number of hours required for a specific
1201 degree not to exceed 72 credit hours or equivalent clock hours;
1202 or for a career certificate program as defined in s.
1203 1004.02(20), up to the number of hours required for a specific
1204 certificate not to exceed 72 credit hours or equivalent clock
1205 hours.
1206 (b)(d)1. A student who is initially eligible in the 2017
1207 2018 academic year and thereafter for a Florida Gold Seal CAPE
1208 Scholars award under subsection (2) may receive an award for a
1209 maximum of 100 percent of the number of credit hours or
1210 equivalent clock hours required to complete one of the following
1211 at a Florida public or nonpublic education institution that
1212 offers these specific programs: for an applied technology
1213 diploma program as defined in s. 1004.02(7), up to 60 credit
1214 hours or equivalent clock hours; for a technical degree
1215 education program as defined in s. 1004.02(13), up to the number
1216 of hours required for a specific degree, not to exceed 72 credit
1217 hours or equivalent clock hours; or for a career certificate
1218 program as defined in s. 1004.02(20), up to the number of hours
1219 required for a specific certificate, not to exceed 72 credit
1220 hours or equivalent clock hours. A student who transfers from
1221 one of these program levels to another program level is eligible
1222 for the higher of the two credit hour limits.
1223 2. A Florida Gold Seal CAPE Scholar who completes a
1224 technical degree education program as defined in s. 1004.02(13)
1225 may also receive an award for:
1226 a. A maximum of 60 credit hours for a bachelor of science
1227 degree program for which there is a statewide associate in
1228 science degree program to bachelor of science degree program
1229 articulation agreement; or
1230 b. A maximum of 60 credit hours for a bachelor of applied
1231 science degree program at a Florida College System institution.
1232 Section 16. Section 1011.45, Florida Statutes, is amended
1233 to read:
1234 1011.45 End of year balance of funds.—Unexpended amounts in
1235 any fund in a university current year operating budget shall be
1236 carried forward and included as the balance forward for that
1237 fund in the approved operating budget for the following year.
1238 (1) Each university shall maintain a minimum carry forward
1239 balance of at least 7 percent of its state operating budget. If
1240 a university fails to maintain a 7 percent balance in state
1241 operating funds, the university shall submit a plan to the Board
1242 of Governors to attain the minimum percent balance of state
1243 operating funds within the next fiscal year.
1244 (2) Each university that retains a state operating fund
1245 carry forward balance in excess of the 7 percent minimum shall
1246 submit a spending plan for its excess carry forward balance. The
1247 spending plan shall be submitted to the university’s board of
1248 trustees for approval and publishing by September 1, 2019, and
1249 each September 1 thereafter. The Board of Governors shall
1250 publish each university’s carry forward spending plan by October
1251 1, 2019, and each October 1 thereafter.
1252 (3) A university’s carry forward spending plan shall
1253 include the estimated cost per planned expenditure and a
1254 timeline for completion of the expenditure, when appropriate.
1255 Authorized expenditures in a carry forward spending plan may
1256 include:
1257 (a) Commitment of funds to a public education capital
1258 outlay project for which an appropriation was previously
1259 provided that requires additional funds for completion and which
1260 is included in the list required by s. 1001.706(12)(d);
1261 (b) Completion of a renovation, repair, or maintenance
1262 project that is consistent with the provisions of s. 1013.64(1),
1263 up to $5 million per project;
1264 (c) Completion of a remodeling or infrastructure project,
1265 including a project for a development research school, up to $10
1266 million per project, if such project is survey recommended
1267 pursuant to s. 1013.31;
1268 (d) Completion of a repair or replacement project necessary
1269 due to damage caused by a natural disaster for buildings
1270 included in the inventory required pursuant to s. 1013.31;
1271 (e) Operating expenditures that support the university
1272 mission and that are nonrecurring; and
1273 (f) Any purpose approved by the board or specified in the
1274 General Appropriations Act.
1275 (4) Annually, by August 15, the chief financial officer of
1276 each university shall certify the unexpended amount of funds
1277 appropriated to the university from the General Revenue Fund,
1278 the Educational Enhancement Trust Fund, and the
1279 Education/General Student and Other Fees Trust Fund as of June
1280 30 of the previous fiscal year.
1281 Section 17. Paragraph (b) of subsection (6) of section
1282 1011.80, Florida Statutes, is amended to read:
1283 1011.80 Funds for operation of workforce education
1284 programs.—
1285 (6)
1286 (b) Performance funding for industry certifications for
1287 school district workforce education programs is contingent upon
1288 specific appropriation in the General Appropriations Act and
1289 shall be determined as follows:
1290 1. Occupational areas for which industry certifications may
1291 be earned, as established in the General Appropriations Act, are
1292 eligible for performance funding. Priority shall be given to the
1293 occupational areas emphasized in state, national, or corporate
1294 grants provided to Florida educational institutions.
1295 2. The Chancellor of Career and Adult Education shall
1296 identify the industry certifications eligible for funding on the
1297 CAPE Postsecondary Industry Certification Funding List approved
1298 by the State Board of Education pursuant to s. 1008.44, based on
1299 the occupational areas specified in the General Appropriations
1300 Act.
1301 3. Each school district shall be provided $1,000 for each
1302 industry certification earned by a workforce education student.
1303 The maximum amount of funding appropriated for performance
1304 funding pursuant to this paragraph shall be limited to $15
1305 million annually. If funds are insufficient to fully fund the
1306 calculated total award, such funds shall be prorated.
1307 Section 18. Section 1011.802, Florida Statutes, is created
1308 to read:
1309 1011.802 Florida Pathways to Career Opportunities Grant
1310 Program.—
1311 (1) Subject to appropriations provided in the General
1312 Appropriations Act, the Florida Pathways to Career Opportunities
1313 Grant Program is created to provide grants to high schools,
1314 career centers, charter technical career centers, Florida
1315 College System institutions, and other entities authorized to
1316 sponsor an apprenticeship or preapprenticeship program, as
1317 defined in s. 446.021, on a competitive basis to establish new
1318 apprenticeship or preapprenticeship programs and expand existing
1319 apprenticeship or preapprenticeship programs. The Department of
1320 Education shall administer the grant program.
1321 (2) Applications must contain projected enrollment and
1322 projected costs for the new or expanded apprenticeship program.
1323 (3) The department shall give priority to apprenticeship
1324 programs with demonstrated regional demand. Grant funds may be
1325 used for instructional equipment, supplies, personnel, student
1326 services, and other expenses associated with the creation or
1327 expansion of an apprenticeship program. Grant funds may not be
1328 used for recurring instructional costs or for indirect costs.
1329 Grant recipients must submit quarterly reports in a format
1330 prescribed by the department.
1331 (4) The State Board of Education may adopt rules to
1332 administer this section.
1333 Section 19. Paragraph (c) of subsection (2) of section
1334 1011.81, Florida Statutes, is amended to read:
1335 1011.81 Florida College System Program Fund.—
1336 (2) Performance funding for industry certifications for
1337 Florida College System institutions is contingent upon specific
1338 appropriation in the General Appropriations Act and shall be
1339 determined as follows:
1340 (c) Each Florida College System institution shall be
1341 provided $1,000 for each industry certification earned by a
1342 student. The maximum amount of funding appropriated for
1343 performance funding pursuant to this subsection shall be limited
1344 to $15 million annually. If funds are insufficient to fully fund
1345 the calculated total award, such funds shall be prorated.
1346 Section 20. Paragraph (e) of subsection (3) of section
1347 1011.84, Florida Statutes, is amended to read:
1348 1011.84 Procedure for determining state financial support
1349 and annual apportionment of state funds to each Florida College
1350 System institution district.—The procedure for determining state
1351 financial support and the annual apportionment to each Florida
1352 College System institution district authorized to operate a
1353 Florida College System institution under the provisions of s.
1354 1001.61 shall be as follows:
1355 (3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.—
1356 (e) If at any time the unencumbered balance in the general
1357 fund of the Florida College System institution board of trustees
1358 approved operating budget goes below 5 percent for a Florida
1359 College System institution with a final FTE less than 15,000 for
1360 the prior year, or below 7 percent for a Florida College System
1361 institution with a final FTE of 15,000 or greater for the prior
1362 year, the president shall provide written notification to the
1363 State Board of Education. Annually, by August 15, the chief
1364 financial officer of each Florida College System institution
1365 shall certify the unexpended amount of state funds remaining in
1366 the general fund of an institution as of June 30 of the previous
1367 fiscal year.
1368 Section 21. Subsection (2) of section 1013.03, Florida
1369 Statutes, is amended to read:
1370 1013.03 Functions of the department and the Board of
1371 Governors.—The functions of the Department of Education as it
1372 pertains to educational facilities of school districts and
1373 Florida College System institutions and of the Board of
1374 Governors as it pertains to educational facilities of state
1375 universities shall include, but not be limited to, the
1376 following:
1377 (2) Establish, for the purpose of determining need,
1378 equitably uniform utilization standards for all types of like
1379 space, regardless of the level of education, that includes
1380 standards for post-secondary classroom and teaching laboratory
1381 space. These standards shall also establish, for postsecondary
1382 education classrooms, a minimum room utilization rate of 40
1383 hours per week and a minimum station utilization rate of 60
1384 percent. These rates shall be subject to increase based on
1385 national norms for utilization of postsecondary education
1386 classrooms. The State Board of Education and the Board of
1387 Governors shall adopt standards, with justification, for use in
1388 each Florida College System institution’s survey and state
1389 university’s survey, respectively, as applied pursuant to s.
1390 1013.31.
1391 (a) The boards must define and apply, at minimum, the
1392 following space utilization metrics when calculating space need:
1393 1. For postsecondary education classroom space, a minimum
1394 room utilization rate and a minimum station utilization rate.
1395 2. For postsecondary education nonvocational, teaching
1396 laboratory space, a minimum room utilization rate and a minimum
1397 station utilization rate.
1398 (b) Each state university and Florida College System
1399 institution shall determine full-time equivalent enrollment
1400 estimate adjustments to account for online students.
1401 (c) By January 1, 2021, the Board of Governors for state
1402 universities and the State Board of Education for Florida
1403 College System institutions shall each provide on its website
1404 the most recent summary survey data by state university or
1405 Florida College System institution, as applicable, showing space
1406 needs met for each campus by type of space. The format shall be
1407 consistent across all state universities and all Florida College
1408 System institutions.
1409 Section 22. Paragraph (c) of subsection (1) of section
1410 1013.31, Florida Statutes, is amended to read:
1411 1013.31 Educational plant survey; localized need
1412 assessment; PECO project funding.—
1413 (1) At least every 5 years, each board shall arrange for an
1414 educational plant survey, to aid in formulating plans for
1415 housing the educational program and student population, faculty,
1416 administrators, staff, and auxiliary and ancillary services of
1417 the district or campus, including consideration of the local
1418 comprehensive plan. The Department of Education shall document
1419 the need for additional career and adult education programs and
1420 the continuation of existing programs before facility
1421 construction or renovation related to career or adult education
1422 may be included in the educational plant survey of a school
1423 district or Florida College System institution that delivers
1424 career or adult education programs. Information used by the
1425 Department of Education to establish facility needs must
1426 include, but need not be limited to, labor market data, needs
1427 analysis, and information submitted by the school district or
1428 Florida College System institution.
1429 (c) Required need assessment criteria for district, Florida
1430 College System institution, state university, and Florida School
1431 for the Deaf and the Blind plant surveys.—Educational plant
1432 surveys must use uniform data sources and criteria specified in
1433 this paragraph. Each revised educational plant survey and each
1434 new educational plant survey supersedes previous surveys.
1435 1. The school district’s survey must be submitted as a part
1436 of the district educational facilities plan defined in s.
1437 1013.35. To ensure that the data reported to the Department of
1438 Education as required by this section is correct, the department
1439 shall annually conduct an onsite review of 5 percent of the
1440 facilities reported for each school district completing a new
1441 survey that year. If the department’s review finds the data
1442 reported by a district is less than 95 percent accurate, within
1443 1 year from the time of notification by the department the
1444 district must submit revised reports correcting its data. If a
1445 district fails to correct its reports, the commissioner may
1446 direct that future fixed capital outlay funds be withheld until
1447 such time as the district has corrected its reports so that they
1448 are not less than 95 percent accurate.
1449 2. Each survey of a special facility, joint-use facility,
1450 or cooperative career education facility must be based on
1451 capital outlay full-time equivalent student enrollment data
1452 prepared by the department for school districts and Florida
1453 College System institutions and by the Chancellor of the State
1454 University System for universities. A survey of space needs of a
1455 joint-use facility shall be based upon the respective space
1456 needs of the school districts, Florida College System
1457 institutions, and universities, as appropriate. Projections of a
1458 school district’s facility space needs may not exceed the norm
1459 space and occupant design criteria established by the State
1460 Requirements for Educational Facilities.
1461 3. Each Florida College System institution’s survey must
1462 reflect the capacity of existing facilities as specified in the
1463 inventory maintained by the Department of Education. Projections
1464 of facility space needs must comply with standards for
1465 determining space needs as specified by rule of the State Board
1466 of Education, consistent with the standards and metrics adopted
1467 pursuant to s. 1013.03(2)(a). The 5-year projection of capital
1468 outlay student enrollment must be consistent with the annual
1469 report of capital outlay full-time student enrollment prepared
1470 by the Department of Education.
1471 4. Each state university’s survey must reflect the capacity
1472 of existing facilities as specified in the inventory maintained
1473 and validated by the Chancellor of the State University System.
1474 Projections of facility space needs must be consistent with
1475 standards for determining space needs as specified by regulation
1476 of the Board of Governors, consistent with the standards and
1477 metrics adopted pursuant to s. 1013.03(2)(a). The projected
1478 capital outlay full-time equivalent student enrollment must be
1479 consistent with the 5-year planned enrollment cycle for the
1480 State University System approved by the Board of Governors.
1481 5. The district educational facilities plan of a school
1482 district and the educational plant survey of a Florida College
1483 System institution, state university, or the Florida School for
1484 the Deaf and the Blind may include space needs that deviate from
1485 approved standards for determining space needs if the deviation
1486 is justified by the district or institution and approved by the
1487 department or the Board of Governors, as appropriate, as
1488 necessary for the delivery of an approved educational program.
1489 Section 23. Subsection (4) of section 1013.40, Florida
1490 Statutes, is amended to read:
1491 1013.40 Planning and construction of Florida College System
1492 institution facilities; property acquisition.—
1493 (4) The campus of a Florida College System institution
1494 within a municipality designated as an area of critical state
1495 concern, as defined in s. 380.05, and having a comprehensive
1496 plan and land development regulations containing a building
1497 permit allocation system that limits annual growth, may
1498 construct dormitories for up to 300 beds for Florida College
1499 System institution students. Such dormitories are exempt from
1500 the building permit allocation system and may be constructed up
1501 to 45 feet in height if the dormitories are otherwise consistent
1502 with the comprehensive plan, the Florida College System
1503 institution has a hurricane evacuation plan that requires all
1504 dormitory occupants to be evacuated 48 hours in advance of
1505 tropical force winds, and transportation is provided for
1506 dormitory occupants during an evacuation. State funds and
1507 tuition and fee revenues may not be used for construction, debt
1508 service payments, maintenance, or operation of such dormitories.
1509 Additional dormitory beds constructed after July 1, 2016, may
1510 not be financed through the issuance of bonds by the Florida
1511 College System institution; however, bonds may be issued by
1512 nonpublic entities as part of a public-private partnership
1513 between the college and a nonpublic entity.
1514 Section 24. Subsections (2) and (3) of section 1013.60,
1515 Florida Statutes, are renumbered as subsections (3) and (4),
1516 respectively, subsection (1) of that section is amended, and a
1517 new subsection (2) is added to that section, to read:
1518 1013.60 Legislative capital outlay budget request.—
1519 (1) The Commissioner of Education shall develop a budget
1520 request allocation plan procedure deemed appropriate in arriving
1521 at the appropriate amounts required to fund each project
1522 projects as reflected in the integrated, comprehensive budget
1523 request required by this section. The official estimates for
1524 funds accruing to the Public Education Capital Outlay and Debt
1525 Service Trust Fund made by the Revenue Estimating Conference
1526 shall be used in determining the budget request pursuant to this
1527 section. The commissioner, in consultation with the
1528 appropriations committees of the Legislature, shall provide
1529 annually an estimate of funds that shall be utilized by Florida
1530 College System institutions and universities in developing their
1531 required 3-year prioritized priority lists pursuant to s.
1532 1013.64.
1533 (2) The commissioner shall include with the submission of
1534 each updated budget request allocation plan an assessment over
1535 the 3 years of the plan of the amount of state funding needed to
1536 complete previously funded projects compared to the amount of
1537 funds provided in the Public Education Capital Outlay and Debt
1538 Service Trust Fund for projects funded in a prior year and which
1539 require additional state funds for completion.
1540 Section 25. Paragraph (a) of subsection (4) of section
1541 1013.64, Florida Statutes, is amended, and paragraphs (i) and
1542 (j) are added to subsection (1) of that section, to read:
1543 1013.64 Funds for comprehensive educational plant needs;
1544 construction cost maximums for school district capital
1545 projects.—Allocations from the Public Education Capital Outlay
1546 and Debt Service Trust Fund to the various boards for capital
1547 outlay projects shall be determined as follows:
1548 (1)
1549 (i) The Board of Governors shall specify by regulation the
1550 procedures for the reporting of funds appropriated or expended
1551 pursuant to this section or s. 1011.45. Each university shall
1552 report the amounts expended by the university from all sources,
1553 including, but not limited to, the Public Education Capital
1554 Outlay and Debt Service Trust Fund and carry forward funds.
1555 (j) The State Board of Education shall specify by rule the
1556 procedures for the reporting of funds appropriated or expended
1557 pursuant to this section or s. 1013.841. Each Florida College
1558 System institution shall report the amounts expended by the
1559 institution from all sources, including, but not limited to, the
1560 Public Education Capital Outlay and Debt Service Trust Fund and
1561 carry forward funds.
1562 (4)(a) Florida College System institution boards of
1563 trustees and university boards of trustees shall receive funds
1564 for projects based on a 3-year prioritized priority list, to be
1565 updated annually, which is submitted to the Legislature in the
1566 legislative budget request at least 90 days before prior to the
1567 legislative session. The State Board of Education shall submit a
1568 3-year prioritized priority list for Florida College System
1569 institutions, and the Board of Governors shall submit a 3-year
1570 prioritized priority list for universities to the Legislature
1571 not later than 60 days before each regular legislative session
1572 which shall be updated upon request after subsequent estimating
1573 conferences. The sum of each year’s project lists must consider
1574 the total amount to be distributed for construction and
1575 renovation provided for each year pursuant to the 3-year budget
1576 request allocation plan developed by the Commissioner of
1577 Education pursuant to s. 1013.60. The lists shall reflect
1578 decisions by the State Board of Education pursuant to s. 1001.03
1579 for Florida College System institutions and the Board of
1580 Governors pursuant to s. 1001.706 for state universities
1581 concerning program priorities that implement the statewide plan
1582 for program growth and quality improvement in education. No
1583 remodeling or renovation project shall be included on the 3-year
1584 priority list unless the project has been recommended pursuant
1585 to s. 1013.31 or is for the purpose of correcting health and
1586 safety deficiencies. No new construction project shall be
1587 included on the first year of the 3-year priority list unless
1588 the educational specifications have been approved by the
1589 commissioner for a Florida College System institution project or
1590 by the Board of Governors for a university project, as
1591 applicable. The funds requested for a new construction project
1592 in the first year of the 3-year priority list shall be in
1593 conformance with the scope of the project as defined in the
1594 educational specifications. Any new construction project
1595 requested in the first year of the 3-year priority list which is
1596 not funded by the Legislature shall be carried forward to be
1597 listed first in developing the updated 3-year priority list for
1598 the subsequent year’s capital outlay budget. Should the order of
1599 the priority of the projects change from year to year, a
1600 justification for such change shall be included with the updated
1601 priority list.
1602 Section 26. Section 1013.841, Florida Statutes, is created
1603 to read:
1604 1013.841 End of year balance of Florida College System
1605 institution funds.—
1606 (1) Unexpended amounts in any fund in any Florida College
1607 System institution current year state operating budget shall be
1608 carried forward and included as the balance forward for that
1609 fund in the approved operating budget for the following year.
1610 (2)(a) Each Florida College System institution with a final
1611 FTE less than 15,000 for the prior year shall maintain a minimum
1612 carry forward balance of at least 5 percent of its state
1613 operating budget. If a Florida College System institution fails
1614 to maintain a 5 percent balance in state operating funds, the
1615 president shall provide written notification to the State Board
1616 of Education.
1617 (b) Each Florida College System institution with a final
1618 FTE less than 15,000 for the prior year that retains a state
1619 operating fund carry forward balance in excess of the 5 percent
1620 minimum shall submit a spending plan for its excess carry
1621 forward balance. The spending plan shall include all excess
1622 carry forward funds from state operating funds. The spending
1623 plan shall be submitted to the Florida College System
1624 institution’s board of trustees for approval and publishing by
1625 September 1, 2019, and each September 1 thereafter.
1626 (3)(a) Each Florida College System institution with a final
1627 FTE of 15,000 or greater for the prior year shall maintain a
1628 minimum carry forward balance of at least 7 percent of its state
1629 operating budget. If a Florida College System institution fails
1630 to maintain a 7 percent balance in state operating funds, the
1631 institution shall submit a plan to the State Board of Education
1632 to attain the minimum balance.
1633 (b) Each Florida College System institution with a final
1634 FTE of 15,000 or greater for the prior year that retains a state
1635 operating fund carry forward balance in excess of the 7 percent
1636 minimum shall submit a spending plan for its excess carry
1637 forward balance. The spending plan shall include all excess
1638 carry forward funds from state operating funds. The spending
1639 plan shall be submitted to the Florida College System
1640 institution’s board of trustees for approval and publishing by
1641 September 1, 2019, and each September 1 thereafter. The Florida
1642 College System institution shall submit approved plans to the
1643 State Board of Education for publication and review by October
1644 1, 2019, and each October 1 thereafter.
1645 (4) A Florida College System institution identified in
1646 paragraph (3)(a) must include in its carry forward spending plan
1647 the estimated cost per planned expenditure and a timeline for
1648 completion of the expenditure. Authorized expenditures in a
1649 carry forward spending plan may include:
1650 (a) Commitment of funds to a public education capital
1651 outlay project for which an appropriation was previously
1652 provided, which requires additional funds for completion, and
1653 which is included in the list required by s. 1001.03(18)(d);
1654 (b) Completion of a renovation, repair, or maintenance
1655 project that is consistent with the provisions of s. 1013.64(1),
1656 up to $5 million per project;
1657 (c) Completion of a remodeling or infrastructure project,
1658 up to $10 million per project, if such project is survey
1659 recommended pursuant to s. 1013.31;
1660 (d) Completion of a repair or replacement project necessary
1661 due to damage caused by a natural disaster for buildings
1662 included in the inventory required pursuant to s. 1013.31; and
1663 (e) Operating expenditures that support the Florida College
1664 System institution’s mission which are nonrecurring.
1665 (f) Any purpose approved by the state board or specified in
1666 the General Appropriations Act.
1667 Section 27. By December 1, 2020, all survey recommended
1668 projects for each state university and Florida College System
1669 institution shall be reviewed and revised to incorporate the
1670 updated space need calculation requirements as specified in s.
1671 1013.31(1)(c), Florida Statutes.
1672 Section 28. This act shall take effect July 1, 2019.
