Bill Text: FL S0190 | 2019 | Regular Session | Enrolled


Bill Title: Higher Education

Spectrum: Bipartisan Bill

Status: (Enrolled) 2019-06-05 - Signed by Officers and presented to Governor [S0190 Detail]

Download: Florida-2019-S0190-Enrolled.html
       ENROLLED
       2019 Legislature                    CS for SB 190, 3rd Engrossed
       
       
       
       
       
       
                                                              2019190er
    1  
    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. 1001.03, F.S.;
   12         requiring the State Board of Education to develop a
   13         prioritized list of capital projects; requiring the
   14         state board to develop a points-based prioritization
   15         method to rank projects based on specified criteria;
   16         specifying that specified new projects at a Florida
   17         College System institution must satisfy specified
   18         criteria; requiring weighted values within the points
   19         scale; requiring the state board to maintain a list of
   20         capital outlay projects for which state funds have
   21         been appropriated but which have not been completed;
   22         requiring the state board to review its space need
   23         calculation methodology and to present a summary and
   24         preliminary recommendations to the chairs of the
   25         legislative appropriations committees by a specified
   26         date and at a specified interval thereafter; amending
   27         s. 1001.706, F.S.; requiring the Board of Governors to
   28         develop and annually deliver a training program for
   29         members of state university boards of trustees;
   30         requiring trustee participation within a specified
   31         timeframe of appointment and reappointment; requiring
   32         the inclusion of certain information in the training
   33         program; requiring the board to define data components
   34         and methodology for specified purposes; requiring
   35         state universities to conduct and submit annual
   36         institutional audits to the board’s Office of
   37         Inspector General; requiring the board to match
   38         certain student information with specified educational
   39         and employment records; requiring the board to enter
   40         into an agreement with the Department of Economic
   41         Opportunity for certain purposes; providing
   42         requirements for such agreement; requiring the board
   43         to develop a specified prioritized list of capital
   44         projects; requiring the board to develop a points
   45         based prioritization method to rank projects based on
   46         specified criteria; requiring the board to consider
   47         specified criteria for certain projects; requiring
   48         weighted values within the points scale; requiring the
   49         board to maintain a list of capital outlay projects
   50         for which state funds have been appropriated but which
   51         have not been completed; requiring the Board of
   52         Governors to review and submit its space need
   53         calculation methodology; amending s. 1004.70, F.S.;
   54         prohibiting a Florida College System institution
   55         direct-support organization from giving, directly or
   56         indirectly, any gift to a political committee;
   57         amending s. 1007.23, F.S.; requiring, by a specified
   58         academic year, Florida College System institutions and
   59         state universities to execute agreements to establish
   60         “2+2” targeted pathway programs; providing
   61         requirements for such agreements; specifying
   62         requirements for student participation; requiring the
   63         State Board of Education and the Board of Governors to
   64         collaborate to eliminate barriers in executing pathway
   65         articulation agreements; amending s. 1008.32, F.S.;
   66         requiring the Commissioner of Education to report
   67         certain audit findings to the State Board of Education
   68         under certain circumstances; requiring district school
   69         boards and Florida College System institutions’ boards
   70         of trustees to document compliance with the law under
   71         certain circumstances; amending s. 1008.322, F.S.;
   72         requiring the Chancellor of the State University
   73         System to report certain audit findings to the Board
   74         of Governors under certain circumstances; requiring
   75         state universities’ boards of trustees to document
   76         compliance with the law under certain circumstances;
   77         amending s. 1009.215, F.S.; revising the academic
   78         terms in which certain students are eligible to
   79         receive Bright Futures Scholarships; providing that
   80         such students may receive the scholarships for the
   81         fall term for specified coursework under certain
   82         circumstances; amending s. 1009.286, F.S.; requiring a
   83         state university to calculate an excess hour threshold
   84         for each student based on specified criteria;
   85         providing that the excess hour threshold may be
   86         adjusted only under certain circumstances; revising
   87         the threshold for assessing the excess credit hour
   88         surcharge; amending s. 1009.53, F.S.; removing a
   89         requirement for a Florida high school graduate to
   90         enroll in certain programs within 3 years of
   91         graduation from high school in order to receive funds
   92         from the Florida Bright Futures Scholarship Program;
   93         expanding the Florida Bright Futures Scholarship
   94         Program to include the Florida Gold Seal CAPE
   95         Scholarship; conforming provisions to changes made by
   96         the act; removing a limitation of 45 semester credit
   97         hours or the equivalent for an annual award for the
   98         scholarship program; requiring an institution that
   99         receives scholarship funds for summer terms to certify
  100         to the department certain funding information and
  101         remit any undisbursed funds within a specified time;
  102         amending s. 1009.531, F.S.; expanding the eligibility
  103         for an initial award of a scholarship under the
  104         Florida Bright Futures Scholarship Program to include
  105         students who earn a high school diploma from a private
  106         school; modifying the date by which certain students
  107         must apply for a scholarship under the program;
  108         deleting provisions relating to scholarship
  109         eligibility and application requirements for certain
  110         students who graduated from high school during
  111         specified years; extending the amount of time in which
  112         a student may reapply for an award to 5 years after
  113         high school graduation; extending the amount of time
  114         in which a student who enlists in the United States
  115         Armed Forces immediately after high school may apply
  116         for an award to 5 years after separation from active
  117         duty; providing that a student who is unable to accept
  118         an initial award due to a religious or service
  119         obligation may apply for an award within 5 years after
  120         the completion of his or her religious or service
  121         obligation; requiring that school districts provide a
  122         Florida Bright Futures Scholarship Evaluation Report
  123         and Key only to students in specified grades; allowing
  124         a student who does not meet certain requirements for a
  125         program award additional time to meet such
  126         requirements under certain conditions; providing that
  127         such students who timely meet the requirements must
  128         receive an award for the full academic year; revising
  129         the minimum examination scores required for a student
  130         to be eligible for a Florida Academic Scholars award
  131         or a Florida Medallion Scholars award; requiring the
  132         Department of Education to develop a method for
  133         determining the required examination scores which
  134         ensures equivalency between specified examinations and
  135         is consistent with specified limitations; requiring
  136         the department to publish any changes to examination
  137         score requirements; conforming a provision to changes
  138         made by the act; amending s. 1009.532, F.S.; revising
  139         student eligibility requirements for renewal of
  140         Florida Bright Futures Scholarship Program awards;
  141         removing obsolete language; conforming provisions to
  142         changes made by the act; amending s. 1009.536, F.S.;
  143         permitting certain Florida Gold Seal CAPE Scholars to
  144         receive an award from a specified funding source;
  145         providing grade point average requirements for Florida
  146         Gold Seal CAPE Scholars; removing limitations for
  147         certain academic years on the number of credit hours
  148         to which a student may apply a Florida Gold Seal
  149         Vocational Scholarship; amending s. 1011.45, F.S.;
  150         requiring each state university to maintain a minimum
  151         carry forward balance of at least 7 percent of its
  152         state operating budget; requiring a university that
  153         fails to maintain such balance to submit a plan to the
  154         Board of Governors to attain the minimum balance;
  155         requiring each university with a carry forward balance
  156         in excess of 7 percent to submit a spending plan to
  157         the university board of trustees; specifying
  158         requirements and authorized expenditures in such
  159         spending plan; requiring each university chief
  160         financial officer to certify annually the unexpended
  161         amount of carry forward amounts from specified funds;
  162         authorizing universities to spend specified balances
  163         under certain conditions; amending s. 1011.80, F.S.;
  164         removing a limitation on the maximum amount of funding
  165         that may be appropriated for performance funding
  166         relating to funds for operation of workforce education
  167         programs; amending s. 1011.81, F.S.; removing a
  168         limitation on the maximum amount of funding that may
  169         be appropriated for performance funding relating to
  170         industry certifications for Florida College System
  171         institutions; amending s. 1011.84, F.S.; establishing
  172         a threshold of the unencumbered balance at a Florida
  173         College System institution based on the final FTE at
  174         the Florida College System institution in the prior
  175         year; requiring each Florida College System
  176         institution chief financial officer to annually
  177         certify the unexpended amount of specified funds;
  178         amending s. 1013.40, F.S.; prohibiting the finance of
  179         additional dormitory beds through the issuance of
  180         bonds by Florida College System institutions;
  181         providing that bonds may be issued by nonpublic
  182         entities as part of a public-private partnership;
  183         creating s. 1013.841, F.S.; requiring unexpended
  184         amounts in any fund in any Florida College System
  185         institution current year state operating budget to be
  186         carried forward and included in the approved operating
  187         budget for the following year; requiring each Florida
  188         College System institution with a final FTE of less
  189         than 15,000 to maintain a minimum carry forward
  190         balance of at least 5 percent of its state operating
  191         budget; requiring each Florida College System
  192         institution president, if the institution fails to
  193         maintain such balance, to provide written notification
  194         to the State Board of Education; requiring each
  195         Florida College System institution with a final FTE of
  196         less than 15,000 that retains a state operating fund
  197         carry forward balance in excess of 5 percent to submit
  198         a spending plan for its excess carry forward funds
  199         with specified requirements; requiring the State Board
  200         of Education to annually review and publish such
  201         spending plans by a specified date; requiring each
  202         Florida College System institution with a final FTE of
  203         15,000 or greater to maintain a minimum carry forward
  204         balance of at least 7 percent of its state operating
  205         budget; requiring the State Board of Education to
  206         annually review and publish such spending plans by a
  207         specified date; requiring each Florida College System
  208         institution with a final FTE of 15,000 or greater that
  209         retains a state operating fund carry forward balance
  210         in excess of 7 percent to submit a spending plan for
  211         its excess carry forward funds with specified
  212         requirements; providing an effective date.
  213          
  214  Be It Enacted by the Legislature of the State of Florida:
  215  
  216         Section 1. Paragraph (c) of subsection (2) of section
  217  11.45, Florida Statutes, is amended to read:
  218         11.45 Definitions; duties; authorities; reports; rules.—
  219         (2) DUTIES.—The Auditor General shall:
  220         (c) Annually conduct financial audits of all state
  221  universities and Florida College System institutions and verify
  222  the accuracy of the amounts certified by each state university
  223  and Florida College System institution chief financial officer
  224  pursuant to ss. 1011.45 and 1011.84 state colleges.
  225  
  226  The Auditor General shall perform his or her duties
  227  independently but under the general policies established by the
  228  Legislative Auditing Committee. This subsection does not limit
  229  the Auditor General’s discretionary authority to conduct other
  230  audits or engagements of governmental entities as authorized in
  231  subsection (3).
  232         Section 2. Subsection (6) of section 215.985, Florida
  233  Statutes, is amended to read:
  234         215.985 Transparency in government spending.—
  235         (6) The Department of Management Services shall establish
  236  and maintain a website that provides current information
  237  relating to each employee or officer of a state agency, a state
  238  university, a Florida College System institution, or the State
  239  Board of Administration, regardless of the appropriation
  240  category from which the person is paid.
  241         (a) For each employee or officer, the information must
  242  include, at a minimum, his or her:
  243         1. Name and salary or hourly rate of pay.
  244         2. Position number, class code, and class title.
  245         3. Employing agency and budget entity.
  246         (b) The information must be searchable by state agency,
  247  state university, Florida College System institution, and the
  248  State Board of Administration, and by employee name, salary
  249  range, or class code and must be downloadable in a format that
  250  allows offline analysis.
  251         Section 3. Subsection (18) is added to section 1001.03,
  252  Florida Statutes, to read:
  253         1001.03 Specific powers of State Board of Education.—
  254         (18)PUBLIC EDUCATION CAPITAL OUTLAY.—The State Board of
  255  Education shall develop and submit the prioritized list required
  256  by s. 1013.64(4). Projects considered for prioritization shall
  257  be chosen from a preliminary selection group which shall include
  258  the list of projects maintained pursuant to paragraph (d) and
  259  the top two priorities of each Florida College System
  260  institution.
  261         (a)The state board shall develop a points-based
  262  prioritization method to rank projects for consideration from
  263  the preliminary selection group that awards points for the
  264  degree to which a project meets specific criteria compared to
  265  other projects in the preliminary selection group. The state
  266  board shall consider criteria that evaluates the degree to
  267  which:
  268         1.The project was funded previously by the Legislature and
  269  the amount of funds needed for completion constitute a
  270  relatively low percentage of total project costs;
  271         2.The project represents a building maintenance project or
  272  the repair of utility infrastructure which is necessary to
  273  preserve a safe environment for students and staff, or a project
  274  that is necessary to maintain the operation of a Florida College
  275  System institution site, and for which the institution can
  276  demonstrate that it has no other funding source available to
  277  complete the project;
  278         3.The project addresses the greatest current year need for
  279  space as indicated by increased instructional capacity that
  280  enhances educational opportunities for the greatest number of
  281  students;
  282         4.The project reflects a ranked priority of the submitting
  283  Florida College System institution;
  284         5.The project represents the most practical and cost
  285  effective replacement or renovation of an existing building; or
  286         6. For a new construction, remodeling, or renovation
  287  project that has not received a prior appropriation, the project
  288  has received, or has commitments to receive, funding from
  289  sources other than a project-specific state appropriation to
  290  assist with completion of the project; the project is needed to
  291  preserve the safety of persons using the facility; or the
  292  project is consistent with a strategic legislative or state
  293  board initiative.
  294         (b) The project scoring the highest for each criterion
  295  shall be awarded the maximum points in the range of points
  296  within the points scale developed by the state board. The state
  297  board shall weight the value of criteria such that the maximum
  298  points awarded for each criterion represents a percent of the
  299  total maximum points. However, the state board may not weight
  300  any criterion higher than the criterion established in
  301  subparagraph (a)3.
  302         (c)A new construction, remodeling, or renovation project
  303  that has not received an appropriation in a previous year shall
  304  not be considered for inclusion on the prioritized list required
  305  by s. 1013.64(4), unless:
  306         1.A plan is provided to reserve funds in an escrow
  307  account, specific to the project, into which shall be deposited
  308  each year an amount of funds equal to 0.5 percent of the total
  309  value of the building for future maintenance;
  310         2.There are sufficient excess funds from the allocation
  311  provided pursuant to s. 1013.60 within the 3-year planning
  312  period which are not needed to complete the projects listed
  313  pursuant to paragraph (d); and
  314         3.The project has been recommended pursuant to s. 1013.31.
  315         (d)The state board shall continually maintain a list of
  316  all public education capital outlay projects for which state
  317  funds were previously appropriated which have not been
  318  completed. The list shall include an estimate of the amount of
  319  state funding needed for the completion of each project.
  320         (e)The state board shall review its space need calculation
  321  methodology developed pursuant to s. 1013.31 to incorporate
  322  improvements, efficiencies, or changes. Recommendations shall be
  323  submitted to the chairs of the House of Representatives and
  324  Senate appropriations committees by October 31, 2019, and every
  325  3 years thereafter.
  326         Section 4. Paragraph (e) of subsection (5) of section
  327  1001.706, Florida Statutes, is amended and paragraph (i) is
  328  added to that subsection, paragraph (j) is added to subsection
  329  (3) of that section, and subsection (12) is added to that
  330  section, to read:
  331         1001.706 Powers and duties of the Board of Governors.—
  332         (3) POWERS AND DUTIES RELATING TO ORGANIZATION AND
  333  OPERATION OF STATE UNIVERSITIES.—
  334         (j) The Board of Governors shall develop and annually
  335  deliver a training program for members of each state university
  336  board of trustees that addresses the role of such boards in
  337  governing institutional resources and protecting the public
  338  interest. At a minimum, each trustee must participate in the
  339  training program within 1 year of appointment and reappointment
  340  to a university board of trustees. The program must include
  341  information on trustee responsibilities relating to all of the
  342  following:
  343         1. Meeting the statutory, regulatory, and fiduciary
  344  obligations of the board.
  345         2. Establishing internal process controls and
  346  accountability mechanisms for the institution’s president and
  347  other administrative officers.
  348         3. Oversight of planning, construction, maintenance,
  349  expansion, and renovation projects that impact the university’s
  350  consolidated infrastructure, physical facilities, and natural
  351  environment, including its lands, improvements, and capital
  352  equipment.
  353         4. Establishing policies that promote college
  354  affordability, including ensuring that the costs of university
  355  fees, textbooks, and instructional materials are minimized
  356  whenever possible.
  357         5. Creation and implementation of institutionwide rules and
  358  regulations.
  359         6. Institutional ethics and conflicts of interest.
  360         7. Best practices for board governance.
  361         8. Understanding current national and state issues in
  362  higher education.
  363         9. Any other responsibilities the Board of Governors deems
  364  necessary or appropriate.
  365         (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
  366         (e) The Board of Governors shall maintain an effective
  367  information system to provide accurate, timely, and cost
  368  effective information about each university. The board shall
  369  continue to collect and maintain, at a minimum, management
  370  information as such information existed on June 30, 2002. To
  371  ensure consistency, the Board of Governors shall define the data
  372  components and methodology used to implement ss. 1001.7065 and
  373  1001.92. Each university shall conduct an annual audit to verify
  374  that the data submitted pursuant to ss. 1001.7065 and 1001.92
  375  complies with the data definitions established by the board and
  376  submit the audits to the Board of Governors Office of Inspector
  377  General as part of the annual certification process required by
  378  the Board of Governors.
  379         (i) The Board of Governors shall match individual student
  380  information with information in the files of state and federal
  381  agencies that maintain educational and employment records. The
  382  board must enter into an agreement with the Department of
  383  Economic Opportunity that allows access to the individual
  384  reemployment assistance wage records maintained by the
  385  department. The agreement must protect individual privacy and
  386  provide that student information may be used only for the
  387  purposes of auditing or evaluating higher education programs
  388  offered by state universities.
  389         (12)PUBLIC EDUCATION CAPITAL OUTLAY.—The Board of
  390  Governors shall submit the prioritized list as required by s.
  391  1013.64(4). Projects considered for prioritization shall be
  392  chosen from a preliminary selection group which shall include
  393  the list of projects maintained pursuant to paragraph (d) and
  394  the top two priorities of each state university.
  395         (a)The board shall develop a points-based prioritization
  396  method to rank projects for consideration from the preliminary
  397  selection group that awards points for the degree to which a
  398  project meets specific criteria compared to other projects in
  399  the preliminary selection group. The board shall consider
  400  criteria that evaluates the degree to which:
  401         1.The project was funded previously by the Legislature and
  402  the amount of funds needed for completion constitute a
  403  relatively low percentage of total project costs;
  404         2.The project represents a building maintenance project or
  405  the repair of utility infrastructure which is necessary to
  406  preserve a safe environment for students and staff, or a project
  407  that is necessary to maintain the operation of a university
  408  site, and for which the university can demonstrate that it has
  409  no funds available to complete the project from the sources
  410  designated in s. 1011.45;
  411         3.The project addresses the greatest current year need for
  412  space as indicated by increased instructional or research
  413  capacity that enhances educational opportunities for the
  414  greatest number of students or the university’s research
  415  mission;
  416         4.The project reflects a ranked priority of the submitting
  417  university;
  418         5.The project represents the most practical and cost
  419  effective replacement or renovation of an existing building; or
  420         6. For a new construction, remodeling, or renovation
  421  project that has not received a prior appropriation, the project
  422  has received, or has commitments to receive, funding from
  423  sources other than a project-specific state appropriation to
  424  assist with completion of the project; the project is needed to
  425  preserve the safety of persons using the facility; the project
  426  is consistent with a strategic legislative or board initiative;
  427  or the institution has allocated funding equal to a percentage
  428  of the total project cost. The percentage shall be no less than:
  429         a.Six percent for preeminent universities;
  430         b.Four percent for emerging preeminent universities; and
  431         c.Two percent for state universities that are neither a
  432  preeminent or emerging preeminent university.
  433         (b) The project scoring the highest for each criterion
  434  shall be awarded the maximum points in the range of points
  435  within the points scale developed by the board. The board shall
  436  weight the value of criteria such that the maximum points
  437  awarded for each criterion represent a percent of the total of
  438  maximum points. However, the board may not weight any criterion
  439  higher than the criterion established in subparagraph (a)3.
  440         (c)A new construction, remodeling, or renovation project
  441  that has not received an appropriation in a previous year shall
  442  not be considered for inclusion on the prioritized list required
  443  by s. 1013.64(4), unless:
  444         1.A plan is provided to reserve funds in an escrow
  445  account, specific to the project, into which shall be deposited
  446  each year an amount of funds equal to 1 percent of the total
  447  value of the building for future maintenance;
  448         2.There exists sufficient capacity within the cash and
  449  bonding estimate of funds by the Revenue Estimating Conference
  450  to accommodate the project within the 3-year Public Education
  451  Capital Outlay funding cycle; and
  452         3.The project has been recommended pursuant to s. 1013.31.
  453         (d)The board shall continually maintain a list of all
  454  public education capital outlay projects for which state funds
  455  were previously appropriated which have not been completed. The
  456  list shall include an estimate of the amount of state funding
  457  needed for the completion of each project.
  458         (e)The board shall review its space need calculation
  459  methodology developed pursuant to s. 1013.31 to incorporate
  460  improvements, efficiencies, or changes. Recommendations shall be
  461  submitted to the chairs of the House of Representatives and
  462  Senate appropriations committees by October 31, 2019, and every
  463  3 years thereafter.
  464         Section 5. Paragraph (d) of subsection (4) of section
  465  1004.70, Florida Statutes, is amended to read:
  466         1004.70 Florida College System institution direct-support
  467  organizations.—
  468         (4) ACTIVITIES; RESTRICTIONS.—
  469         (d) A Florida College System institution direct-support
  470  organization is prohibited from giving, either directly or
  471  indirectly, any gift to a political committee as defined in s.
  472  106.011 for any purpose other than those certified by a majority
  473  roll call vote of the governing board of the direct-support
  474  organization at a regularly scheduled meeting as being directly
  475  related to the educational mission of the Florida College System
  476  institution.
  477         Section 6. Subsection (7) is added to section 1007.23,
  478  Florida Statutes, to read:
  479         1007.23 Statewide articulation agreement.—
  480         (7) By the 2019-2020 academic year, to strengthen Florida’s
  481  “2+2” system of articulation and improve student retention and
  482  on-time graduation, each Florida College System institution
  483  shall execute at least one “2+2” targeted pathway articulation
  484  agreement with one or more state universities, and each state
  485  university shall execute at least one such agreement with one or
  486  more Florida College System institutions to establish “2+2”
  487  targeted pathway programs. The agreement must provide students
  488  who graduate with an associate in arts degree and who meet
  489  specified requirements guaranteed access to the state university
  490  and a degree program at that university, in accordance with the
  491  terms of the “2+2” targeted pathway articulation agreement.
  492         (a)To participate in a “2+2” targeted pathway program, a
  493  student must:
  494         1.Enroll in the program before completing 30 credit hours,
  495  including, but not limited to, college credits earned through
  496  articulated acceleration mechanisms pursuant to s. 1007.27;
  497         2.Complete an associate in arts degree; and
  498         3.Meet the university’s transfer requirements.
  499         (b)A state university that executes a “2+2” targeted
  500  pathway articulation agreement must meet the following
  501  requirements in order to implement a “2+2” targeted pathway
  502  program in collaboration with its partner Florida College System
  503  institution:
  504         1.Establish a 4-year, on-time graduation plan for a
  505  baccalaureate degree program, including, but not limited to, a
  506  plan for students to complete associate in arts degree programs,
  507  general education courses, common prerequisite courses, and
  508  elective courses;
  509         2.Advise students enrolled in the program about the
  510  university’s transfer and degree program requirements; and
  511         3.Provide students who meet the requirements under this
  512  paragraph with access to academic advisors and campus events and
  513  with guaranteed admittance to the state university and a degree
  514  program of the state university, in accordance with the terms of
  515  the agreement.
  516         (c)To assist the state universities and Florida College
  517  System institutions with implementing the “2+2” targeted pathway
  518  programs effectively, the State Board of Education and the Board
  519  of Governors shall collaborate to eliminate barriers in
  520  executing “2+2” targeted pathway articulation agreements.
  521         Section 7. Subsection (2) of section 1008.32, Florida
  522  Statutes, is amended to read:
  523         1008.32 State Board of Education oversight enforcement
  524  authority.—The State Board of Education shall oversee the
  525  performance of district school boards and Florida College System
  526  institution boards of trustees in enforcement of all laws and
  527  rules. District school boards and Florida College System
  528  institution boards of trustees shall be primarily responsible
  529  for compliance with law and state board rule.
  530         (2)(a) The Commissioner of Education may investigate
  531  allegations of noncompliance with law or state board rule and
  532  determine probable cause. The commissioner shall report
  533  determinations of probable cause to the State Board of Education
  534  which shall require the district school board or Florida College
  535  System institution board of trustees to document compliance with
  536  law or state board rule.
  537         (b)The Commissioner of Education shall report to the State
  538  Board of Education any findings by the Auditor General that a
  539  district school board or Florida College System institution is
  540  acting without statutory authority or contrary to general law.
  541  The State Board of Education shall require the district school
  542  board or Florida College System institution board of trustees to
  543  document compliance with such law.
  544         Section 8. Subsection (3) of section 1008.322, Florida
  545  Statutes, is amended to read:
  546         1008.322 Board of Governors oversight enforcement
  547  authority.—
  548         (3)(a) The Chancellor of the State University System may
  549  investigate allegations of noncompliance with any law or Board
  550  of Governors’ rule or regulation and determine probable cause.
  551  The chancellor shall report determinations of probable cause to
  552  the Board of Governors, which may require the university board
  553  of trustees to document compliance with the law or Board of
  554  Governors’ rule or regulation.
  555         (b)The Chancellor of the State University System shall
  556  report to the Board of Governors any findings by the Auditor
  557  General that a university is acting without statutory authority
  558  or contrary to general law. The Board of Governors shall require
  559  the university board of trustees to document compliance with
  560  such law.
  561         Section 9. Effective July 1, 2019, and upon the expiration
  562  and reversion of the amendment made to section 1009.215, Florida
  563  Statutes, pursuant to section 13 of chapter 2018-10, Laws of
  564  Florida, subsection (3) of section 1009.215, Florida Statutes,
  565  is amended to read:
  566         1009.215 Student enrollment pilot program for the spring
  567  and summer terms.—
  568         (3) Students who are enrolled in the pilot program and who
  569  are eligible to receive Bright Futures Scholarships under ss.
  570  1009.53-1009.536 are shall be eligible to receive the
  571  scholarship award for attendance during the spring and summer
  572  terms. This student cohort is also eligible to receive Bright
  573  Futures Scholarships during the fall term which may be used for
  574  off-campus or online coursework, if Bright Futures Scholarship
  575  funding is provided by the Legislature for three terms for other
  576  eligible students during that academic year no more than 2
  577  semesters or the equivalent in any fiscal year, including the
  578  summer term.
  579         Section 10. Subsection (2) of section 1009.286, Florida
  580  Statutes, is amended to read:
  581         1009.286 Additional student payment for hours exceeding
  582  baccalaureate degree program completion requirements at state
  583  universities.—
  584         (2) State universities shall require a student to pay an
  585  excess hour surcharge for each credit hour in excess of the
  586  number of credit hours required to complete the baccalaureate
  587  degree program in which the student is enrolled. Each university
  588  must calculate an excess hour threshold for each student based
  589  on the number of credit hours required for the degree. For any
  590  student who changes degree programs, the excess hour threshold
  591  must be adjusted only if the number of credit hours required to
  592  complete the new degree program exceeds that of the original
  593  degree program. The excess hour surcharge shall become effective
  594  for students who enter a state university for the first time and
  595  maintain continuous enrollment is as follows:
  596         (a) For the 2009-2010 and 2010-2011 academic years, an
  597  excess hour surcharge equal to 50 percent of the tuition rate
  598  for each credit hour in excess of 120 percent.
  599         (b) For the 2011-2012 academic year, an excess hour
  600  surcharge equal to 100 percent of the tuition rate for each
  601  credit hour in excess of 115 percent.
  602         (c) For the 2012-2013 academic year through the 2019 spring
  603  term and thereafter, an excess hour surcharge equal to 100
  604  percent of the tuition rate for each credit hour in excess of
  605  110 percent. For the 2019 summer term and thereafter, an excess
  606  hour surcharge equal to 100 percent of the tuition rate for each
  607  credit hour in excess of 120 percent. Notwithstanding the
  608  requirements of this subsection, a state university shall refund
  609  the excess hour surcharge assessed pursuant to this paragraph
  610  for up to 12 credit hours to any first-time-in-college student
  611  who completes a baccalaureate degree program within 4 years
  612  after his or her initial enrollment in a state university.
  613         Section 11. Subsections (1), (2), and (3), paragraph (a) of
  614  subsection (4), subsection (5), and subsection (7) of section
  615  1009.53, Florida Statutes, are amended to read:
  616         1009.53 Florida Bright Futures Scholarship Program.—
  617         (1) The Florida Bright Futures Scholarship Program is
  618  created to establish a lottery-funded scholarship program to
  619  reward any Florida high school graduate who merits recognition
  620  of high academic achievement and who enrolls in a degree
  621  program, certificate program, or applied technology program at
  622  an eligible Florida public or private postsecondary education
  623  institution within 3 years of graduation from high school.
  624         (2) The Bright Futures Scholarship Program consists of four
  625  three types of awards: the Florida Academic Scholarship, the
  626  Florida Medallion Scholarship, the Florida Gold Seal CAPE
  627  Scholarship, and the Florida Gold Seal Vocational Scholarship.
  628         (3) The Department of Education shall administer the Bright
  629  Futures Scholarship Program according to rules and procedures
  630  established by the State Board of Education. A single
  631  application must be sufficient for a student to apply for any of
  632  the three types of awards. The department shall advertise the
  633  availability of the scholarship program and shall notify
  634  students, teachers, parents, certified school counselors, and
  635  principals or other relevant school administrators of the
  636  criteria and application procedures. The department must begin
  637  this process of notification no later than January 1 of each
  638  year.
  639         (4) Funding for the Bright Futures Scholarship Program must
  640  be allocated from the Education Enhancement Trust Fund and must
  641  be provided before allocations from that fund are calculated for
  642  disbursement to other educational entities.
  643         (a) If funds appropriated are not adequate to provide the
  644  maximum allowable award to each eligible applicant, awards in
  645  all three components of the program must be prorated using the
  646  same percentage reduction.
  647         (5) The department shall issue awards from the scholarship
  648  program annually. Annual awards may be for up to 45 semester
  649  credit hours or the equivalent. Before the registration period
  650  each semester, the department shall transmit payment for each
  651  award to the president or director of the postsecondary
  652  education institution, or his or her representative, except that
  653  the department may withhold payment if the receiving institution
  654  fails to report or to make refunds to the department as required
  655  in this section.
  656         (a) Within 30 days after the end of regular registration
  657  each semester, the educational institution shall certify to the
  658  department the eligibility status of each student who receives
  659  an award. After the end of the drop and add period, an
  660  institution is not required to reevaluate or revise a student’s
  661  eligibility status; however, an institution must make a refund
  662  to the department within 30 days after the end of the semester
  663  of any funds received for courses dropped by a student or
  664  courses from which a student has withdrawn after the end of the
  665  drop and add period, unless the student has been granted an
  666  exception by the department pursuant to subsection (11).
  667         (b) An institution that receives funds from the program for
  668  the fall and spring terms shall certify to the department the
  669  amount of funds disbursed to each student and shall remit to the
  670  department any undisbursed advances within 60 days after the end
  671  of regular registration. An institution that receives funds from
  672  the program for the summer term shall certify to the department
  673  the amount of funds disbursed to each student and shall remit to
  674  the department any undisbursed advances within 30 days after the
  675  end of the summer term.
  676         (c) Each institution that receives moneys through this
  677  program shall provide for a financial audit, as defined in s.
  678  11.45, conducted by an independent certified public accountant
  679  or the Auditor General for each fiscal year in which the
  680  institution expends program moneys in excess of $100,000. At
  681  least every 2 years, the audit shall include an examination of
  682  the institution’s administration of the program and the
  683  institution’s accounting of the moneys for the program since the
  684  last examination of the institution’s administration of the
  685  program. The report on the audit must be submitted to the
  686  department within 9 months after the end of the fiscal year. The
  687  department may conduct its own annual audit of an institution’s
  688  administration of the program. The department may request a
  689  refund of any moneys overpaid to the institution for the
  690  program. The department may suspend or revoke an institution’s
  691  eligibility to receive future moneys for the program if the
  692  department finds that an institution has not complied with this
  693  section. The institution must remit within 60 days any refund
  694  requested in accordance with this subsection.
  695         (d) Any institution that is not subject to an audit
  696  pursuant to this subsection shall attest, under penalty of
  697  perjury, that the moneys were used in compliance with law. The
  698  attestation shall be made annually in a form and format
  699  determined by the department.
  700         (7) A student may receive only one type of award from the
  701  Florida Bright Futures Scholarship Program at any given a time,
  702  but may transfer from one type of award to another through the
  703  renewal application process, if the student’s eligibility status
  704  changes. However, a student is not eligible to transfer from a
  705  Florida Medallion Scholarship, a Florida Gold Seal CAPE
  706  Scholarship, or a Florida Gold Seal Vocational Scholarship to a
  707  Florida Academic Scholarship. A student who receives an award
  708  from the program may also receive a federal family education
  709  loan or a federal direct loan, and the value of the award must
  710  be considered in the certification or calculation of the
  711  student’s loan eligibility.
  712         Section 12. Section 1009.531, Florida Statutes, is amended
  713  to read:
  714         1009.531 Florida Bright Futures Scholarship Program;
  715  student eligibility requirements for initial awards.—
  716         (1) In order to be eligible for an initial award from any
  717  of the three types of scholarships under the Florida Bright
  718  Futures Scholarship Program, a student must:
  719         (a) Be a Florida resident as defined in s. 1009.40 and
  720  rules of the State Board of Education.
  721         (b) Earn a standard Florida high school diploma pursuant to
  722  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282 or a high school
  723  equivalency diploma pursuant to s. 1003.435 unless:
  724         1. The student completes a home education program according
  725  to s. 1002.41; or
  726         2. The student earns a high school diploma from a non
  727  Florida school while living with a parent or guardian who is on
  728  military or public service assignment away from Florida; or
  729         3. The student earns a high school diploma from a Florida
  730  private school operating pursuant to s. 1002.42.
  731         (c) Be accepted by and enroll in an eligible Florida public
  732  or independent postsecondary education institution.
  733         (d) Be enrolled for at least 6 semester credit hours or the
  734  equivalent in quarter hours or clock hours.
  735         (e) Not have been found guilty of, or entered a plea of
  736  nolo contendere to, a felony charge, unless the student has been
  737  granted clemency by the Governor and Cabinet sitting as the
  738  Executive Office of Clemency.
  739         (f) Apply for a scholarship from the program by high school
  740  graduation. However, a student who graduates from high school
  741  midyear must apply no later than December August 31 of the
  742  student’s graduation year in order to be evaluated for and, if
  743  eligible, receive an award for the current academic year.
  744         (2)(a) A student graduating from high school prior to the
  745  2010-2011 academic year is eligible to accept an initial award
  746  for 3 years following high school graduation and to accept a
  747  renewal award for 7 years following high school graduation. A
  748  student who applies for an award by high school graduation and
  749  who meets all other eligibility requirements, but who does not
  750  accept his or her award, may reapply during subsequent
  751  application periods up to 3 years after high school graduation.
  752  For a student who enlists in the United States Armed Forces
  753  immediately after completion of high school, the 3-year
  754  eligibility period for his or her initial award shall begin upon
  755  the date of separation from active duty. For a student who is
  756  receiving a Florida Bright Futures Scholarship and discontinues
  757  his or her education to enlist in the United States Armed
  758  Forces, the remainder of his or her 7-year renewal period shall
  759  commence upon the date of separation from active duty.
  760         (b) Students graduating from high school in the 2010-2011
  761  and 2011-2012 academic years are eligible to accept an initial
  762  award for 3 years following high school graduation and to accept
  763  a renewal award for 5 years following high school graduation. A
  764  student who applies for an award by high school graduation and
  765  who meets all other eligibility requirements, but who does not
  766  accept his or her award, may reapply during subsequent
  767  application periods up to 3 years after high school graduation.
  768  For a student who enlists in the United States Armed Forces
  769  immediately after completion of high school, the 3-year
  770  eligibility period for his or her initial award and the 5-year
  771  renewal period shall begin upon the date of separation from
  772  active duty. For a student who is receiving a Florida Bright
  773  Futures Scholarship award and discontinues his or her education
  774  to enlist in the United States Armed Forces, the remainder of
  775  his or her 5-year renewal period shall commence upon the date of
  776  separation from active duty. If a course of study is not
  777  completed after 5 academic years, an exception of 1 year to the
  778  renewal timeframe may be granted due to a verifiable illness or
  779  other documented emergency pursuant to s. 1009.40(1)(b)4.
  780         (c) A student graduating from high school in the 2012-2013
  781  academic year and thereafter is eligible to receive an accept an
  782  initial award for 2 years following high school graduation and
  783  to accept a renewal award for 5 years following high school
  784  graduation. A student who applies for an award by high school
  785  graduation and who meets all other eligibility requirements, but
  786  who does not accept his or her award, may reapply during
  787  subsequent application periods up to 5 2 years after high school
  788  graduation. For a student who enlists in the United States Armed
  789  Forces immediately after completion of high school, the 2-year
  790  eligibility period for his or her initial award and the 5-year
  791  renewal period shall begin upon the date of separation from
  792  active duty. For a student who is receiving a Florida Bright
  793  Futures Scholarship award and discontinues his or her education
  794  to enlist in the United States Armed Forces, the remainder of
  795  his or her 5-year renewal period shall commence upon the date of
  796  separation from active duty. For a student who is unable to
  797  accept an initial award immediately after completion of high
  798  school due to a full-time religious or service obligation
  799  lasting at least 18 months which begins within 1 year after
  800  completion of high school, the 2-year eligibility period for his
  801  or her initial award and the 5-year renewal period begins begin
  802  upon the completion of his or her religious or service
  803  obligation. The organization sponsoring the full-time religious
  804  or service obligation must meet the requirements for nonprofit
  805  status under s. 501(c)(3) of the Internal Revenue Code or be a
  806  federal government service organization, including, but not
  807  limited to, the Peace Corps and AmeriCorps programs. The
  808  obligation must be documented in writing and verified by the
  809  entity for which the student completed the obligation on a
  810  standardized form prescribed by the department. If a course of
  811  study is not completed after 5 academic years, an exception of 1
  812  year to the renewal timeframe may be granted due to a verifiable
  813  illness or other documented emergency pursuant to s.
  814  1009.40(1)(b)4.
  815         (3) For purposes of calculating the grade point average to
  816  be used in determining initial eligibility for a Florida Bright
  817  Futures Scholarship, the department shall assign additional
  818  weights to grades earned in the following courses:
  819         (a) Courses identified in the course code directory as
  820  Advanced Placement, pre-International Baccalaureate,
  821  International Baccalaureate, International General Certificate
  822  of Secondary Education (pre-AICE), or Advanced International
  823  Certificate of Education.
  824         (b) Courses designated as academic dual enrollment courses
  825  in the statewide course numbering system.
  826  
  827  The department may assign additional weights to courses, other
  828  than those described in paragraphs (a) and (b), that are
  829  identified by the Department of Education as containing rigorous
  830  academic curriculum and performance standards. The additional
  831  weight assigned to a course pursuant to this subsection shall
  832  not exceed 0.5 per course. The weighted system shall be
  833  developed and distributed to all high schools in the state prior
  834  to January 1, 1998. The department may determine a student’s
  835  eligibility status during the senior year before graduation and
  836  may inform the student of the award at that time.
  837         (4) Each school district shall annually provide to each
  838  high school student in grade 11 or 12 a complete and accurate
  839  Florida Bright Futures Scholarship Evaluation Report and Key.
  840  The report shall be disseminated at the beginning of each school
  841  year. The report must include all high school coursework
  842  attempted, the number of credits earned toward each type of
  843  award, and the calculation of the grade point average for each
  844  award. The report must also identify all requirements not met
  845  per award, including the grade point average requirement, as
  846  well as identify the awards for which the student has met the
  847  academic requirements. The student report cards must contain a
  848  disclosure that the grade point average calculated for purposes
  849  of the Florida Bright Futures Scholarship Program may differ
  850  from the grade point average on the report card.
  851         (5) A student who wishes to qualify for a particular award
  852  within the Florida Bright Futures Scholarship Program, but who
  853  does not meet all of the requirements for that level of award by
  854  the applicable deadlines, may be allowed additional time to
  855  complete the requirements, nevertheless, receive the award if
  856  the principal of the student’s school or the district
  857  superintendent verifies that the deficiency is caused by the
  858  fact that school district personnel provided inaccurate or
  859  incomplete information to the student. The school district must
  860  provide a means for the student to correct the deficiencies and
  861  the student must correct them, either by completing comparable
  862  work at the postsecondary institution or by completing a
  863  directed individualized study program developed and administered
  864  by the school district. If the student does not complete the
  865  requirements by December 31 immediately following high school
  866  graduation, the student is ineligible to participate in the
  867  program. If the student completes the requirements by December
  868  31, the student must receive the award for the full academic
  869  year, including the fall term.
  870         (6)(a) The State Board of Education shall publicize the
  871  examination score required for a student to be eligible for a
  872  Florida Academic Scholars award, pursuant to s. 1009.534(1)(a)
  873  or (b), as follows:
  874         1.For high school students graduating in the 2018-2019 and
  875  2019-2020 academic years, a student must achieve an SAT combined
  876  score of 1290 or an ACT composite score of 29.
  877         2.For high school students graduating in the 2020-2021
  878  academic year and thereafter, a student must achieve the
  879  required examination scores published by the department, which
  880  are determined as provided in subsection (c) High school
  881  students must earn an SAT score of 1290 which corresponds to the
  882  89th SAT percentile rank or a concordant ACT score of 29.
  883         (b) The State Board of Education shall publicize the
  884  examination score required for a student to be eligible for a
  885  Florida Medallion Scholars award, pursuant to s. 1009.535(1)(a)
  886  or (b), as follows:
  887         1.For high school students graduating in the 2018-2019 and
  888  2019-2020 academic years, a student must achieve an SAT combined
  889  score of 1170 or an ACT composite score of 26.
  890         2.For high school students graduating in the 2020-2021
  891  academic year and thereafter, a student must achieve the
  892  required examination scores published by the department, which
  893  are determined as provided in subsection (c) High school
  894  students must earn an SAT score of 1170 which corresponds to the
  895  75th SAT percentile rank or a concordant ACT score of 26.
  896         (c) To ensure that the required examination scores
  897  represent top student performance and are equivalent between the
  898  SAT and ACT, the department shall develop a method for
  899  determining the required examination scores which incorporates
  900  all of the following:
  901         1.The minimum required SAT score for the Florida Academic
  902  Scholarship must be set no lower than the 89th national
  903  percentile on the SAT. The department may adjust the required
  904  SAT score only if the required score drops below the 89th
  905  national percentile, and any such adjustment must be applied to
  906  the bottom of the SAT score range that is concordant to the ACT.
  907         2.The minimum required SAT score for the Florida Medallion
  908  Scholarship must be set no lower than the 75th national
  909  percentile on the SAT. The department may adjust the required
  910  SAT score only if the required score drops below the 75th
  911  national percentile, and any such adjustment must be made to the
  912  bottom of the SAT score range that is concordant to the ACT.
  913         3.The required ACT scores must be made concordant to the
  914  required SAT scores, using the latest published national
  915  concordance table developed jointly by the College Board and
  916  ACT, Inc.
  917         (d)Before each school year, the department shall publish
  918  any changes to the examination score requirements that apply to
  919  students graduating in the next 2 years The SAT percentile ranks
  920  and corresponding SAT scores specified in paragraphs (a) and (b)
  921  are based on the SAT percentile ranks for 2010 college-bound
  922  seniors in critical reading and mathematics as reported by the
  923  College Board. The next highest SAT score is used when the
  924  percentile ranks do not directly correspond.
  925         Section 13. Section 1009.532, Florida Statutes, is amended
  926  to read:
  927         1009.532 Florida Bright Futures Scholarship Program;
  928  student eligibility requirements for renewal awards.—
  929         (1) To be eligible to renew a scholarship from any of the
  930  three types of scholarships under the Florida Bright Futures
  931  Scholarship Program, a student must:
  932         (a) Effective for students funded in the 2009-2010 academic
  933  year and thereafter, earn at least 24 semester credit hours or
  934  the equivalent in the last academic year in which the student
  935  earned a scholarship if the student was enrolled full time, or a
  936  prorated number of credit hours as determined by the Department
  937  of Education if the student was enrolled less than full time for
  938  any part of the academic year. For students initially eligible
  939  prior to the 2010-2011 academic term, if a student fails to earn
  940  the minimum number of hours required to renew the scholarship,
  941  the student shall lose his or her eligibility for renewal for a
  942  period equivalent to 1 academic year. Such student is eligible
  943  to restore the award the following academic year if the student
  944  earns the hours for which he or she was enrolled at the level
  945  defined by the department and meets the grade point average for
  946  renewal. A student is eligible for such restoration one time.
  947  The department shall notify eligible recipients of the
  948  provisions of this paragraph. Each institution shall notify
  949  award recipients of the provisions of this paragraph during the
  950  registration process.
  951         (b) Maintain the cumulative grade point average required by
  952  the scholarship program, except that:
  953         1. If a recipient’s grades fall beneath the average
  954  required to renew a Florida Academic Scholarship, but are
  955  sufficient to renew a Florida Medallion Scholarship, a Florida
  956  Gold Seal CAPE Scholarship, or a Florida Gold Seal Vocational
  957  Scholarship, the Department of Education may grant a renewal
  958  from one of those other scholarship programs, if the student
  959  meets the renewal eligibility requirements;
  960         2. For students initially eligible prior to the 2010-2011
  961  academic term, if at any time during the eligibility period a
  962  student’s grades are insufficient to renew the scholarship, the
  963  student may restore eligibility by improving the grade point
  964  average to the required level. A student is eligible for such a
  965  restoration one time. The Legislature encourages education
  966  institutions to assist students to calculate whether or not it
  967  is possible to raise the grade point average during the summer
  968  term. If the institution determines that it is possible, the
  969  education institution may so inform the department, which may
  970  reserve the student’s award if funds are available. The renewal,
  971  however, must not be granted until the student achieves the
  972  required cumulative grade point average. If the summer term is
  973  not sufficient to raise the grade point average to the required
  974  renewal level, the student’s next opportunity for renewal is the
  975  fall semester of the following academic year; or
  976         2.3. For students initially eligible in the 2010-2011
  977  academic term and thereafter, if at any time during a student’s
  978  first academic year the student’s grades are insufficient to
  979  renew the scholarship, the student may restore eligibility by
  980  improving the grade point average to the required level. A
  981  student is eligible for such a restoration one time. The
  982  Legislature encourages education institutions to assist students
  983  to calculate whether or not it is possible to raise the grade
  984  point average during the summer term. If the education
  985  institution determines that it is possible, the institution may
  986  so inform the department, which may reserve the student’s award
  987  if funds are available. The renewal, however, must not be
  988  granted until the student achieves the required cumulative grade
  989  point average. If the summer term is not sufficient to raise the
  990  grade point average to the required renewal level, the student’s
  991  next opportunity for renewal is the fall semester of the
  992  following academic year.
  993         (c) Reimburse or make satisfactory arrangements to
  994  reimburse the institution for the award amount received for
  995  courses dropped after the end of the drop and add period or
  996  courses from which the student withdraws after the end of the
  997  drop and add period unless the student has received an exception
  998  pursuant to s. 1009.53(11).
  999         (2) For students initially eligible in the 2010-2011
 1000  academic term and thereafter, and unless otherwise provided in
 1001  this section, if a student does not meet the requirements for
 1002  renewal of a scholarship because of lack of completion of
 1003  sufficient credit hours or insufficient grades, the scholarship
 1004  shall be renewed only if the student failed to complete
 1005  sufficient credit hours or to meet sufficient grade requirements
 1006  due to verifiable illness or other documented emergency, in
 1007  which case the student may be granted an exception from academic
 1008  requirements pursuant to s. 1009.40(1)(b)4.
 1009         (3)(a) A student who is initially eligible prior to the
 1010  2010-2011 academic year and is enrolled in a program that
 1011  terminates in an associate degree or a baccalaureate degree may
 1012  receive an award for a maximum of 110 percent of the number of
 1013  credit hours required to complete the program. A student who is
 1014  enrolled in a program that terminates in a career certificate
 1015  may receive an award for a maximum of 110 percent of the credit
 1016  hours or clock hours required to complete the program up to 90
 1017  credit hours.
 1018         (b) Students who are initially eligible in the 2010-2011
 1019  and 2011-2012 academic years may receive an award for a maximum
 1020  of 100 percent of the number of credit hours required to
 1021  complete an associate degree program or a baccalaureate degree
 1022  program or receive an award for a maximum of 100 percent of the
 1023  credit hours or clock hours required to complete up to 90 credit
 1024  hours of a program that terminates in a career certificate.
 1025         (a)(c) A student who is initially eligible in the 2012-2013
 1026  academic year and thereafter may receive an award for a maximum
 1027  of 100 percent of the number of credit hours required to
 1028  complete an associate degree program, a baccalaureate degree
 1029  program, or a postsecondary career certificate program or, for a
 1030  Florida Gold Seal Vocational Scholars award, may receive an
 1031  award for a maximum of 100 percent of the number of credit hours
 1032  or equivalent clock hours required to complete one of the
 1033  following at a Florida public or nonpublic education institution
 1034  that offers these specific programs: for an applied technology
 1035  diploma program as defined in s. 1004.02(7), up to 60 credit
 1036  hours or equivalent clock hours; for a technical degree
 1037  education program as defined in s. 1004.02(13), up to the number
 1038  of hours required for a specific degree not to exceed 72 credit
 1039  hours or equivalent clock hours; or for a career certificate
 1040  program as defined in s. 1004.02(20), up to the number of hours
 1041  required for a specific certificate not to exceed 72 credit
 1042  hours or equivalent clock hours. A student who transfers from
 1043  one of these program levels to another program level becomes
 1044  eligible for the higher of the two credit hour limits.
 1045         (b)(d)1. A student who is initially eligible in the 2017
 1046  2018 academic year and thereafter for a Florida Gold Seal CAPE
 1047  Scholars award under s. 1009.536(2) may receive an award for a
 1048  maximum of 100 percent of the number of credit hours or
 1049  equivalent clock hours required to complete one of the following
 1050  at a Florida public or nonpublic education institution that
 1051  offers these specific programs: for an applied technology
 1052  diploma program as defined in s. 1004.02(7), up to 60 credit
 1053  hours or equivalent clock hours; for a technical degree
 1054  education program as defined in s. 1004.02(13), up to the number
 1055  of hours required for a specific degree, not to exceed 72 credit
 1056  hours or equivalent clock hours; or for a career certificate
 1057  program as defined in s. 1004.02(20), up to the number of hours
 1058  required for a specific certificate, not to exceed 72 credit
 1059  hours or equivalent clock hours. A student who transfers from
 1060  one of these program levels to another program level is eligible
 1061  for the higher of the two credit hour limits.
 1062         2. A Florida Gold Seal CAPE Scholar who completes a
 1063  technical degree education program as defined in s. 1004.02(13)
 1064  may also receive an award for:
 1065         a. A maximum of 60 credit hours for a bachelor of science
 1066  degree program for which there is a statewide associate in
 1067  science degree program to bachelor of science degree program
 1068  articulation agreement; or
 1069         b. A maximum of 60 credit hours for a bachelor of applied
 1070  science degree program at a Florida College System institution.
 1071         (4) A student who receives an initial award during the
 1072  spring term shall be evaluated for scholarship renewal after the
 1073  completion of a full academic year, which begins with the fall
 1074  term.
 1075         (5)A student who receives an award and is subsequently
 1076  determined ineligible due to updated grade or hour information
 1077  may not receive a disbursement for a subsequent term, unless the
 1078  student successfully restores the award.
 1079         Section 14. Subsections (3), (4), and (5) of section
 1080  1009.536, Florida Statutes, are amended to read:
 1081         1009.536 Florida Gold Seal Vocational Scholars and Florida
 1082  Gold Seal CAPE Scholars awards.—The Florida Gold Seal Vocational
 1083  Scholars award and the Florida Gold Seal CAPE Scholars award are
 1084  created within the Florida Bright Futures Scholarship Program to
 1085  recognize and reward academic achievement and career preparation
 1086  by high school students who wish to continue their education.
 1087         (3) A Florida Gold Seal Vocational Scholar or a Florida
 1088  Gold Seal CAPE Scholar who is enrolled in a public or nonpublic
 1089  postsecondary education institution is eligible for an award
 1090  equal to the amount specified in the General Appropriations Act
 1091  to assist with the payment of educational expenses.
 1092         (4) To be eligible for a renewal award as a Florida Gold
 1093  Seal Vocational Scholar or a Florida Gold Seal CAPE Scholar, a
 1094  student must maintain the equivalent of a cumulative grade point
 1095  average of 2.75 on a 4.0 scale with an opportunity for
 1096  restoration one time as provided in this chapter.
 1097         (5)(a) A student who is initially eligible prior to the
 1098  2010-2011 academic year may earn a Florida Gold Seal Vocational
 1099  Scholarship for 110 percent of the number of credit hours
 1100  required to complete the program, up to 90 credit hours or the
 1101  equivalent.
 1102         (b) Students who are initially eligible in the 2010-2011
 1103  and 2011-2012 academic years may earn a Florida Gold Seal
 1104  Vocational Scholarship for 100 percent of the number of credit
 1105  hours required to complete the program, up to 90 credit hours or
 1106  the equivalent.
 1107         (c) A student who is initially eligible in the 2012-2013
 1108  academic year and thereafter may earn a Florida Gold Seal
 1109  Vocational Scholarship for a maximum of 100 percent of the
 1110  number of credit hours or equivalent clock hours required to
 1111  complete one of the following at a Florida public or nonpublic
 1112  education institution that offers these specific programs: for
 1113  an applied technology diploma program as defined in s.
 1114  1004.02(7), up to 60 credit hours or equivalent clock hours; for
 1115  a technical degree education program as defined in s.
 1116  1004.02(13), up to the number of hours required for a specific
 1117  degree not to exceed 72 credit hours or equivalent clock hours;
 1118  or for a career certificate program as defined in s.
 1119  1004.02(20), up to the number of hours required for a specific
 1120  certificate not to exceed 72 credit hours or equivalent clock
 1121  hours.
 1122         (b)(d)1. A student who is initially eligible in the 2017
 1123  2018 academic year and thereafter for a Florida Gold Seal CAPE
 1124  Scholars award under subsection (2) may receive an award for a
 1125  maximum of 100 percent of the number of credit hours or
 1126  equivalent clock hours required to complete one of the following
 1127  at a Florida public or nonpublic education institution that
 1128  offers these specific programs: for an applied technology
 1129  diploma program as defined in s. 1004.02(7), up to 60 credit
 1130  hours or equivalent clock hours; for a technical degree
 1131  education program as defined in s. 1004.02(13), up to the number
 1132  of hours required for a specific degree, not to exceed 72 credit
 1133  hours or equivalent clock hours; or for a career certificate
 1134  program as defined in s. 1004.02(20), up to the number of hours
 1135  required for a specific certificate, not to exceed 72 credit
 1136  hours or equivalent clock hours. A student who transfers from
 1137  one of these program levels to another program level is eligible
 1138  for the higher of the two credit hour limits.
 1139         2. A Florida Gold Seal CAPE Scholar who completes a
 1140  technical degree education program as defined in s. 1004.02(13)
 1141  may also receive an award for:
 1142         a. A maximum of 60 credit hours for a bachelor of science
 1143  degree program for which there is a statewide associate in
 1144  science degree program to bachelor of science degree program
 1145  articulation agreement; or
 1146         b. A maximum of 60 credit hours for a bachelor of applied
 1147  science degree program at a Florida College System institution.
 1148         Section 15. Section 1011.45, Florida Statutes, is amended
 1149  to read:
 1150         1011.45 End of year balance of funds.—Unexpended amounts in
 1151  any fund in a university current year operating budget shall be
 1152  carried forward and included as the balance forward for that
 1153  fund in the approved operating budget for the following year.
 1154         (1)Each university shall maintain a minimum carry forward
 1155  balance of at least 7 percent of its state operating budget. If
 1156  a university fails to maintain a 7 percent balance in state
 1157  operating funds, the university shall submit a plan to the Board
 1158  of Governors to attain the 7 percent balance of state operating
 1159  funds within the next fiscal year.
 1160         (2)Each university that retains a state operating fund
 1161  carry forward balance in excess of the 7 percent minimum shall
 1162  submit a spending plan for its excess carry forward balance. The
 1163  spending plan shall be submitted to the university’s board of
 1164  trustees for review, approval, or if necessary, amendment by
 1165  September 1, 2020, and each September 1 thereafter. The Board of
 1166  Governors shall review, approve, and amend, if necessary, each
 1167  university’s carry forward spending plan by October 1, 2020, and
 1168  each October 1 thereafter.
 1169         (3)A university’s carry forward spending plan shall
 1170  include the estimated cost per planned expenditure and a
 1171  timeline for completion of the expenditure. Authorized
 1172  expenditures in a carry forward spending plan may include:
 1173         (a)Commitment of funds to a public education capital
 1174  outlay project for which an appropriation has previously been
 1175  provided that requires additional funds for completion and which
 1176  is included in the list required by s. 1001.706(12)(d);
 1177         (b)Completion of a renovation, repair, or maintenance
 1178  project that is consistent with the provisions of s. 1013.64(1),
 1179  up to $5 million per project and replacement of a minor facility
 1180  that does not exceed 10,000 gross square feet in size up to $2
 1181  million;
 1182         (c)Completion of a remodeling or infrastructure project,
 1183  including a project for a development research school, up to $10
 1184  million per project, if such project is survey recommended
 1185  pursuant to s. 1013.31;
 1186         (d)Completion of a repair or replacement project necessary
 1187  due to damage caused by a natural disaster for buildings
 1188  included in the inventory required pursuant to s. 1013.31;
 1189         (e)Operating expenditures that support the university
 1190  mission and that are nonrecurring; and
 1191         (f)Any purpose specified by the board or in the General
 1192  Appropriations Act.
 1193         (4)Annually, by September 30, the chief financial officer
 1194  of each university shall certify the unexpended amount of funds
 1195  appropriated to the university from the General Revenue Fund,
 1196  the Educational Enhancement Trust Fund, and the
 1197  Education/General Student and Other Fees Trust Fund as of June
 1198  30 of the previous fiscal year.
 1199         (5)A university may spend the minimum carryforward balance
 1200  of 7 percent if a demonstrated emergency exists and the plan is
 1201  approved by the university’s board of trustees and the Board of
 1202  Governors.
 1203         Section 16. Paragraph (b) of subsection (6) of section
 1204  1011.80, Florida Statutes, is amended to read:
 1205         1011.80 Funds for operation of workforce education
 1206  programs.—
 1207         (6)
 1208         (b) Performance funding for industry certifications for
 1209  school district workforce education programs is contingent upon
 1210  specific appropriation in the General Appropriations Act and
 1211  shall be determined as follows:
 1212         1. Occupational areas for which industry certifications may
 1213  be earned, as established in the General Appropriations Act, are
 1214  eligible for performance funding. Priority shall be given to the
 1215  occupational areas emphasized in state, national, or corporate
 1216  grants provided to Florida educational institutions.
 1217         2. The Chancellor of Career and Adult Education shall
 1218  identify the industry certifications eligible for funding on the
 1219  CAPE Postsecondary Industry Certification Funding List approved
 1220  by the State Board of Education pursuant to s. 1008.44, based on
 1221  the occupational areas specified in the General Appropriations
 1222  Act.
 1223         3. Each school district shall be provided $1,000 for each
 1224  industry certification earned by a workforce education student.
 1225  The maximum amount of funding appropriated for performance
 1226  funding pursuant to this paragraph shall be limited to $15
 1227  million annually. If funds are insufficient to fully fund the
 1228  calculated total award, such funds shall be prorated.
 1229         Section 17. Paragraph (c) of subsection (2) of section
 1230  1011.81, Florida Statutes, is amended to read:
 1231         1011.81 Florida College System Program Fund.—
 1232         (2) Performance funding for industry certifications for
 1233  Florida College System institutions is contingent upon specific
 1234  appropriation in the General Appropriations Act and shall be
 1235  determined as follows:
 1236         (c) Each Florida College System institution shall be
 1237  provided $1,000 for each industry certification earned by a
 1238  student. The maximum amount of funding appropriated for
 1239  performance funding pursuant to this subsection shall be limited
 1240  to $15 million annually. If funds are insufficient to fully fund
 1241  the calculated total award, such funds shall be prorated.
 1242         Section 18. Paragraph (e) of subsection (3) of section
 1243  1011.84, Florida Statutes, is amended to read:
 1244         1011.84 Procedure for determining state financial support
 1245  and annual apportionment of state funds to each Florida College
 1246  System institution district.—The procedure for determining state
 1247  financial support and the annual apportionment to each Florida
 1248  College System institution district authorized to operate a
 1249  Florida College System institution under the provisions of s.
 1250  1001.61 shall be as follows:
 1251         (3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.—
 1252         (e) If at any time the unencumbered balance in the general
 1253  fund of the Florida College System institution board of trustees
 1254  approved operating budget goes below 5 percent for a Florida
 1255  College System institution with a final FTE less than 15,000 for
 1256  the prior year, or below 7 percent for a Florida College System
 1257  institution with a final FTE of 15,000 or greater for the prior
 1258  year, the president shall provide written notification to the
 1259  State Board of Education. By September 30 of each year, the
 1260  chief financial officer of each Florida College System
 1261  institution shall certify the unexpended amount of state funds
 1262  remaining in the general fund of an institution as of June 30 of
 1263  the previous fiscal year.
 1264         Section 19. Subsection (4) of section 1013.40, Florida
 1265  Statutes, is amended to read:
 1266         1013.40 Planning and construction of Florida College System
 1267  institution facilities; property acquisition.—
 1268         (4) The campus of a Florida College System institution
 1269  within a municipality designated as an area of critical state
 1270  concern, as defined in s. 380.05, and having a comprehensive
 1271  plan and land development regulations containing a building
 1272  permit allocation system that limits annual growth, may
 1273  construct dormitories for up to 300 beds for Florida College
 1274  System institution students. Such dormitories are exempt from
 1275  the building permit allocation system and may be constructed up
 1276  to 45 feet in height if the dormitories are otherwise consistent
 1277  with the comprehensive plan, the Florida College System
 1278  institution has a hurricane evacuation plan that requires all
 1279  dormitory occupants to be evacuated 48 hours in advance of
 1280  tropical force winds, and transportation is provided for
 1281  dormitory occupants during an evacuation. State funds and
 1282  tuition and fee revenues may not be used for construction, debt
 1283  service payments, maintenance, or operation of such dormitories.
 1284  Additional dormitory beds constructed after July 1, 2016, may
 1285  not be financed through the issuance of bonds by the Florida
 1286  College System institution; however, bonds may be issued by
 1287  nonpublic entities as part of a public-private partnership
 1288  between the college and a nonpublic entity.
 1289         Section 20. Section 1013.841, Florida Statutes, is created
 1290  to read:
 1291         1013.841End of year balance of Florida College System
 1292  institution funds.—
 1293         (1)Unexpended amounts in any fund in any Florida College
 1294  System institution current year state operating budget shall be
 1295  carried forward and included as the balance forward for that
 1296  fund in the approved operating budget for the following year.
 1297         (2)(a)Each Florida College System institution with a final
 1298  FTE less than 15,000 for the prior year shall maintain a minimum
 1299  carry forward balance of at least 5 percent of its state
 1300  operating budget. If a Florida College System institution fails
 1301  to maintain a 5 percent balance in state operating funds, the
 1302  president shall provide written notification to the State Board
 1303  of Education.
 1304         (b)Each Florida College System institution with a final
 1305  FTE less than 15,000 for the prior year that retains a state
 1306  operating fund carry forward balance in excess of the 5 percent
 1307  minimum shall submit a spending plan for its excess carry
 1308  forward balance. The spending plan shall include all excess
 1309  carry forward funds from state operating funds. The spending
 1310  plan shall be submitted to the Florida College System
 1311  institution’s board of trustees for approval by September 1,
 1312  2020, and each September 1 thereafter. The State Board of
 1313  Education shall review and publish each Florida College System
 1314  institution’s carry forward spending plan by October 1, 2020,
 1315  and each October 1 thereafter.
 1316         (3)(a)Each Florida College System institution with a final
 1317  FTE of 15,000 or greater for the prior year shall maintain a
 1318  minimum carry forward balance of at least 7 percent of its state
 1319  operating budget. If a Florida College System institution fails
 1320  to maintain a 7 percent balance in state operating funds, the
 1321  institution shall submit a plan to the State Board of Education
 1322  to attain the minimum balance.
 1323         (b)Each Florida College System institution with a final
 1324  FTE of 15,000 or greater for the prior year that retains a state
 1325  operating fund carry forward balance in excess of the 7 percent
 1326  minimum shall submit a spending plan for its excess carry
 1327  forward balance. The spending plan shall include all excess
 1328  carry forward funds from state operating funds. The spending
 1329  plan shall be submitted to the Florida College System
 1330  institution’s board of trustees for approval by September 1,
 1331  2020, and each September 1 thereafter. The State Board of
 1332  Education shall review and publish each Florida College System
 1333  institution’s carry forward spending plan by October 1, 2020,
 1334  and each October 1 thereafter.
 1335         (4)A Florida College System institution identified in
 1336  paragraph (3)(a) must include in its carry forward spending plan
 1337  the estimated cost per planned expenditure and a timeline for
 1338  completion of the expenditure. Authorized expenditures in a
 1339  carry forward spending plan may include:
 1340         (a)Commitment of funds to a public education capital
 1341  outlay project for which an appropriation was previously
 1342  provided, which requires additional funds for completion, and
 1343  which is included in the list required by s. 1001.03(18)(d);
 1344         (b)Completion of a renovation, repair, or maintenance
 1345  project that is consistent with the provisions of s. 1013.64(1),
 1346  up to $5 million per project;
 1347         (c)Completion of a remodeling or infrastructure project,
 1348  up to $10 million per project, if such project is survey
 1349  recommended pursuant to s. 1013.31;
 1350         (d)Completion of a repair or replacement project necessary
 1351  due to damage caused by a natural disaster for buildings
 1352  included in the inventory required pursuant to s. 1013.31;
 1353         (e) Operating expenditures that support the Florida College
 1354  System institution’s mission which are nonrecurring; and
 1355         (f)Any purpose approved by the state board or specified in
 1356  the General Appropriations Act.
 1357         Section 21. This act shall take effect July 1, 2019.

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