Bill Text: FL S2150 | 2011 | Regular Session | Enrolled
Bill Title: Postsecondary Education Funding
Spectrum: Committee Bill
Status: (Enrolled - Dead) 2011-05-07 - Ordered engrossed, then enrolled -SJ 1848 [S2150 Detail]
Download: Florida-2011-S2150-Enrolled.html
ENROLLED 2011 Legislature SB 2150, 1st Engrossed 20112150er 1 2 An act relating to postsecondary education funding; 3 amending s. 213.053, F.S.; authorizing the Department 4 of Revenue to provide certain information regarding 5 the gross receipts tax to the State Board of 6 Education, the Division of Bond Finance, and the 7 Office of Economic and Demographic Research; amending 8 s. 215.61, F.S.; requiring that, for purposes of 9 servicing public education capital outlay bonds, the 10 State Board of Education disregard the effects on the 11 gross receipts tax revenues collected during a tax 12 period of a refund resulting from a specified 13 settlement agreement; amending s. 440.491, F.S.; 14 revising definitions; revising legislative intent; 15 eliminating regulatory and monitoring responsibilities 16 of the Department of Education with respect to 17 rehabilitation providers and services; authorizing 18 referral of an injured employee to the Department of 19 Education for vocational evaluation; authorizing 20 referral to the Agency for Workforce Innovation or any 21 successor agency for reemployment services; 22 authorizing interagency agreements between the 23 Department of Education and an agency providing 24 reemployment services; authorizing the expenditure of 25 funds from the Workers Compensation Trust Fund for 26 reemployment services; deleting provisions specifying 27 qualifications for rehabilitation providers and 28 requiring rehabilitation provider fees; amending s. 29 413.011, F.S.; authorizing the Division of Blind 30 Services to lease property and the Department of 31 Education to enter into leases and subleases on behalf 32 of the division; amending s. 1004.091, F.S.; revising 33 provisions relating to the duties of the Florida 34 Distance Learning Consortium; requiring that the 35 consortium implement a streamlined, automated, online 36 registration process for transient students who are 37 undergraduate students currently enrolled and pursuing 38 a degree at a public postsecondary educational 39 institution; requiring that the consortium work with 40 the Florida College System and the State University 41 System to implement the admissions application 42 process; providing certain requirements for state 43 universities and state colleges; revising requirements 44 for the central instructional content repository; 45 creating s. 1004.649, F.S.; designating the Northwest 46 Regional Data Center at Florida State University as a 47 primary data center; providing requirements for the 48 data center; requiring the data center to provide its 49 annual budget costs to the Board of Governors of the 50 State University System; specifying circumstances 51 under which the data center’s designation may be 52 terminated; amending s. 1006.72, F.S.; revising 53 provisions relating to the licensing of electronic 54 library resources; requiring that the chancellors and 55 vice chancellors of the Florida College System and the 56 State University System report cost savings resulting 57 from the collaborative licensing process to the 58 Executive Office of the Governor and the chairs of the 59 legislative appropriations committees; amending s. 60 1007.28, F.S.; revising provisions relating to the 61 computer-assisted student advising system; requiring 62 that the system provide for a transient student 63 admissions application process for certain students; 64 amending s. 1009.605, F.S.; providing for additional 65 funds to be expended for administration of the Florida 66 Fund for Minority Teachers, Inc.; creating s. 67 1009.215, F.S.; authorizing the University of Florida, 68 with the approval of the Board of Governors of the 69 State University System, to plan and implement a pilot 70 program for students to enroll for the spring and 71 summer terms rather than the fall terms in order to 72 align student enrollment with available instructional 73 staff and facilities; providing for eligibility for 74 the Bright Futures Scholarship to conform to periods 75 of a student’s enrollment; requiring that the 76 university report the status of the pilot program to 77 the Board of Governors and the Legislature by a 78 specified date; amending s. 1009.22, F.S.; revising 79 provisions relating to workforce education 80 postsecondary student fees; revising the standard 81 tuition for programs leading to a career certificate 82 or an applied technology diploma; requiring that a 83 block tuition be assessed for residents and 84 nonresidents enrolled in adult general education 85 programs; providing that a separate fee may be used 86 for the acquisition of improved real property by the 87 district school board or the community college board 88 of trustees; authorizing the assessment of a 89 convenience fee for processing online credit card 90 payments; providing certain limitations; authorizing 91 the Board of Trustees of Santa Fe College to establish 92 a transportation access fee for students enrolled at 93 Santa Fe College; requiring that revenue from the fee 94 be used only to provide or improve access to 95 transportation services; limiting the amount of the 96 fee; providing a timeframe for a fee increase and 97 implementation of an increase; requiring that a 98 referendum be held by the student government to 99 approve the application of the fee; prohibiting the 100 inclusion of the fee in calculating the amount a 101 student receives under Florida Bright Futures 102 Scholarship Program awards; amending s. 1009.23, F.S.; 103 revising provisions relating to community college 104 student fees, including the standard tuition for 105 residents and nonresidents and the out-of-state fee; 106 revising the amount of standard tuition fees for 107 residents and nonresidents and out-of-state fees; 108 clarifying provisions governing the fee exemptions 109 provided for athletes; providing for a separate fee to 110 be used for the acquisition of improved real property; 111 authorizing each college to assess a transient student 112 fee that does not exceed a specified amount per 113 distance learning course; authorizing the Board of 114 Trustees of Santa Fe College to establish a 115 transportation access fee for students enrolled at 116 Santa Fe College; requiring that revenue from the fee 117 be used only to provide or improve access to 118 transportation services; limiting the amount of the 119 fee; providing a timeframe for a fee increase and 120 implementation of an increase; requiring that a 121 referendum be held by the student government to 122 approve the application of the fee; prohibiting the 123 inclusion of the fee in calculating the amount a 124 student receives under Florida Bright Futures 125 Scholarship Program awards; amending s. 1009.24, F.S.; 126 revising provisions relating to state university 127 student fees; revising the amount of resident 128 undergraduate tuition; authorizing each university 129 board of trustees to establish a transient student fee 130 that does not exceed a specified amount per distance 131 learning course for processing the transient student 132 admissions application; authorizing a university to 133 expend certain funds remaining from the tuition 134 differential required for student financial 135 assistance; amending s. 1009.25, F.S.; deleting 136 provisions that exempt students from paying tuition 137 and fees for adult basic, adult secondary, or career 138 preparatory instruction; amending s. 1009.26, F.S.; 139 authorizing the use of certain additional 140 documentation recognized by the Federal Government for 141 purpose of certain fee waivers; amending s. 1009.286, 142 F.S.; requiring that a student pay 100 percent of the 143 tuition rate for each credit hour in excess of a 144 specified percent of the number of credit hours 145 required to complete a baccalaureate degree program; 146 amending s. 1009.531, F.S.; revising the eligibility 147 requirements for the Florida Bright Futures 148 Scholarship Program; requiring that a student complete 149 a specified federal application form before 150 disbursement of an award; amending ss. 1009.534, 151 1009.535, and 1009.536, F.S.; requiring that students 152 receiving a Florida Academic Scholars award, a Florida 153 Medallion Scholars award, or a Florida Gold Seal 154 Vocational Scholars award perform a specified number 155 of hours of community service work; requiring that the 156 student identify a social problem of interest and 157 develop a plan; amending ss. 1009.55, 1009.56, 158 1009.57, 1009.60, 1009.68, and 1009.69, F.S.; 159 requiring that the funding for the Rosewood Family 160 Scholarship Program, the Seminole and Miccosukee 161 Indian Scholarships, the Florida Teacher Scholarship 162 and Forgivable Loan Program, the Minority Teacher 163 Education Scholars Program, the Florida Minority 164 Medical Education Program, and the Virgil Hawkins 165 Fellows Assistance Program be as provided in the 166 General Appropriations Act; amending s. 1009.701, 167 F.S.; revising provisions relating to the First 168 Generation Matching Grant Program; requiring that a 169 student complete a specified federal application form 170 before disbursement of an award; requiring that the 171 first priority of funding be given to certain students 172 who qualify and receive federal Pell Grant funds; 173 amending ss. 1009.73 and 1009.74, F.S.; providing that 174 funding for the Mary McLeod Bethune Scholarship 175 Program and the Theodore R. and Vivian M. Johnson 176 Scholarship Program be as provided in the General 177 Appropriations Act; amending s. 1009.77, F.S.; 178 revising provisions relating to the Florida Work 179 Experience Program; requiring that a student complete 180 a specified federal application form before 181 disbursement of funds; requiring that first priority 182 of funding be given to certain students who qualify 183 and receive federal Pell Grant funds; requiring that 184 the funding of the program be as provided in the 185 General Appropriations Act; amending ss. 1009.89 and 186 1009.891, F.S.; requiring that funding of the William 187 L. Boyd, IV, Florida Resident Access Grant Program and 188 the Access to Better Learning and Education Grant 189 Program be provided as in the General Appropriations 190 Act; requiring that a student complete a specified 191 federal application form before disbursement of a 192 grant; amending s. 1011.32, F.S.; providing that state 193 matching funds for the Community College Facility 194 Enhancement Challenge Grant Program be temporarily 195 suspended for donations made on or after a specified 196 date; providing that existing donations remain 197 eligible for future matching funds; amending s. 198 1011.61, F.S.; redefining the term “full-time 199 equivalent student” as applied to a student in a 200 combination of programs; amending s. 1011.80, F.S.; 201 requiring that the Department of Education use a 202 specified funding model to determine each district’s 203 workforce education funding needs; prohibiting the 204 expenditure of funds for the education of state or 205 federal inmates; prohibiting the reporting of a 206 student who is coenrolled in a K-12 education program 207 and an adult education program for funding purposes; 208 providing an exception; amending s. 1011.81, F.S.; 209 prohibiting the expenditure of funds under the 210 Community College Program Fund for the education of 211 state or federal inmates; amending s. 1011.85, F.S., 212 relating to the Dr. Philip Benjamin Matching Grant 213 Program for Community Colleges; providing that funds 214 received from community events and festivals are not 215 eligible for state matching funds; providing that 216 state matching funds under the program be temporarily 217 suspended for donations received on or after a 218 specified date; providing that existing donations 219 remain eligible for future matching funds; amending 220 ss. 1011.94 and 1013.79, F.S.; providing that state 221 matching funds for donations to the University Major 222 Gifts Program and the University Facility Enhancement 223 Challenge Grant Program are temporarily suspended; 224 providing that existing donations remain eligible for 225 future matching funds; amending ss. 1012.885 and 226 1012.975, F.S.; limiting the amount of remuneration 227 provided to a Florida College System institution 228 president or a state university president for the 229 2011-2012 fiscal year; creating ss. 1012.886 and 230 1012.976, F.S.; defining terms; providing certain 231 limitations on the amount of remuneration provided to 232 Florida College System institution administrative 233 employees and state university administrative 234 employees; providing certain exceptions; providing for 235 future expiration; amending s. 1013.33, F.S., relating 236 to campus master plans and development agreements; 237 conforming a cross-reference; repealing s. 1013.63, 238 F.S., relating to the University Concurrency Trust 239 Fund; amending s. 1013.737, F.S.; changing the name of 240 the Class Size Reduction Lottery Revenue Bond Program 241 to the Class Size Reduction and Educational Facilities 242 Lottery Revenue Bond Program; authorizing the issuance 243 of educational facilities bonds; requiring that the 244 Department of Education work with the College Center 245 for Library Automation to transfer the K-12 public 246 school bibliographic database for inclusion in CCLA’s 247 online discovery tool product for the public to 248 search; requiring that the department also develop an 249 ongoing process to provide for the updating of such 250 data; requiring that the Chancellors of the State 251 University System and the Florida College System 252 submit a plan to the Governor and Legislature 253 regarding the establishment of a joint library 254 organization to address the needs of academic 255 libraries; specifying requirements for the plan; 256 authorizing a university board of trustees to expend 257 reserve or carry-forward balances from prior year 258 appropriations for the establishment of a new campus; 259 requiring that the Florida College System Council of 260 Presidents recommend an equitable funding formula for 261 funds to the Florida College System institutions; 262 requiring a report and recommendations to the State 263 Board of Education, the Governor and the Legislature 264 by a specified date; providing an effective date. 265 266 Be It Enacted by the Legislature of the State of Florida: 267 268 Section 1. Paragraph (dd) is added to subsection (8) of 269 section 213.053, Florida Statutes, as amended by chapter 2010 270 280, Laws of Florida, to read: 271 213.053 Confidentiality and information sharing.— 272 (8) Notwithstanding any other provision of this section, 273 the department may provide: 274 (dd) Information relative to s. 215.61(6) to the State 275 Board of Education, the Division of Bond Finance, and the Office 276 of Economic and Demographic Research. 277 278 Disclosure of information under this subsection shall be 279 pursuant to a written agreement between the executive director 280 and the agency. Such agencies, governmental or nongovernmental, 281 shall be bound by the same requirements of confidentiality as 282 the Department of Revenue. Breach of confidentiality is a 283 misdemeanor of the first degree, punishable as provided by s. 284 775.082 or s. 775.083. 285 Section 2. Subsection (6) is added to section 215.61, 286 Florida Statutes, to read: 287 215.61 State system of public education capital outlay 288 bonds.— 289 (6) In making the determination as required by subsection 290 (3) of the amount that can be serviced by the gross receipts 291 tax, the State Board of Education shall disregard the effects on 292 the reported gross receipts tax revenues collected during a tax 293 period of any refund paid by the Department of Revenue as a 294 direct result of a refund request made pursuant to the 295 settlement reached in In re: AT&T Mobility Wireless Data 296 Services Sales Litigation, 270 F.R.D. 330, (Aug. 11, 2010). The 297 Department of Revenue shall provide to the State Board of 298 Education, the Division of Bond Finance, and the Office of 299 Economic and Demographic Research the amount of any such refund 300 and the tax period in which the refund is included. 301 Section 3. Section 440.491, Florida Statutes, is amended to 302 read: 303 440.491 Reemployment of injured workers; rehabilitation.— 304 (1) DEFINITIONS.—As used in this section, the term: 305 (a) “Carrier” means group self-insurance funds or 306 individual self-insureds authorized under this chapter and 307 commercial funds or insurance entities authorized to write 308 workers’ compensation insurance under chapter 624. 309 (b) “Department” means the Department of Education. 310 (c) “Medical care coordination” includes, but is not 311 limited to, coordinating physical rehabilitation services such 312 as medical, psychiatric, or therapeutic treatment for the 313 injured employee, providing health training to the employee and 314 family, and monitoring the employee’s recovery. The purposes of 315 medical care coordination are to minimize the disability and 316 recovery period without jeopardizing medical stability, to 317 assure that proper medical treatment and other restorative 318 services are timely provided in a logical sequence, and to 319 contain medical costs. 320 (d) “QualifiedRehabilitation provider” means a 321 rehabilitation nurse, rehabilitation counselor, or vocational 322 evaluator providing, rehabilitation facility, or agency approved323by the Department of Education as qualified to provide324 reemployment assessments, medical care coordination, 325 reemployment services, or vocational evaluations under this 326 section, possessing one or more of the following nationally 327 recognized rehabilitation provider credentials: 328 1. Certified Rehabilitation Registered Nurse, C.R.R.N., 329 certified by the Association of Rehab Professionals. 330 2. Certified Rehabilitation Counselor, C.R.C., certified by 331 the Commission of Rehabilitation Counselor Certifications. 332 3. Certified Case Manager, C.C.M., certified by the 333 Commission for Case Management Certification. 334 4. Certified Disability Management Specialist, C.D.M.S., 335 certified by the Certified Disability Management Specialist 336 Commission. 337 5. Certified Vocational Evaluator, C.V.E., certified by the 338 Commission of Rehabilitation Counselor Certification. 339 6. Certified Occupational Health Nurse, C.O.H.N., certified 340 by the American Board of Occupational Health Nurseschapter. 341 (e) “Reemployment assessment” means a written assessment 342 performed by aqualifiedrehabilitation provider which provides 343 a comprehensive review of the medical diagnosis, treatment, and 344 prognosis; includes conferences with the employer, physician, 345 and claimant; and recommends a cost-effective physical and 346 vocational rehabilitation plan to assist the employee in 347 returning to suitable gainful employment. 348 (f) “Reemployment services” means services that include, 349 but are not limited to, vocational counseling, job-seeking 350 skills training, ergonomic job analysis, transferable skills 351 analysis, selective job placement, labor market surveys, and 352 arranging other services such as education or training, 353 vocational and on-the-job, which may be needed by the employee 354 to secure suitable gainful employment. 355 (g) “Reemployment status review” means a review to 356 determine whether an injured employee is at risk of not 357 returning to work. 358 (h) “Suitable gainful employment” means employment or self 359 employment that is reasonably attainable in light of the 360 employee’s age, education, work history, transferable skills, 361 previous occupation, and injury, and which offers an opportunity 362 to restore the individual as soon as practicable and as nearly 363 as possible to his or her average weekly earnings at the time of 364 injury. 365 (i) “Vocational evaluation” means a review of the 366 employee’s physical and intellectual capabilities, his or her 367 aptitudes and achievements, and his or her work-related 368 behaviors to identify the most cost-effective means toward the 369 employee’s return to suitable gainful employment. 370 (2) INTENT.—It is the intent of this sectionto implement a371systematic review by carriers of the factors that are predictive372of longer-term disability andto encourage the provision of 373 medical care coordination and reemployment services that are 374 necessary to assist the employee in returning to work as soon as 375 is medically feasible. 376 (3) REEMPLOYMENT STATUS REVIEWS AND REPORTS.— 377 (a) When an employee who has suffered an injury compensable 378 under this chapter is unemployed 60 days after the date of 379 injury and is receiving benefits for temporary total disability, 380 temporary partial disability, or wage loss, and has not yet been 381 provided medical care coordination and reemployment services 382 voluntarily by the carrier, the carrier must determine whether 383 the employee is likely to return to work and must report its 384 determination to the department and the employee. The report 385 shall include the identification of both the carrier and the 386 employee, and the carrier claim number and any case number 387 assigned by the Office of Judges of Compensation Claims. The 388 carrier must thereafter determine the reemployment status of the 389 employee at 90-day intervals as long as the employee remains 390 unemployed, is not receiving medical care coordination or 391 reemployment services, and is receiving the benefits specified 392 in this subsection. 393 (b) If medical care coordination or reemployment services 394 are voluntarily undertaken within 60 days of the date of injury, 395 such services may continue to be provided as agreed by the 396 employee and the carrier. 397 (4) REEMPLOYMENT ASSESSMENTS.— 398 (a) The carrier may require the employee to receive a 399 reemployment assessment as it considers appropriate. However, 400 the carrier is encouraged to obtain a reemployment assessment 401 if: 402 1. The carrier determines that the employee is at risk of 403 remaining unemployed. 404 2. The case involves catastrophic or serious injury. 405 (b) The carrier shall authorizeonlyaqualified406 rehabilitation provider to provide the reemployment assessment. 407 The rehabilitation provider shall conduct its assessment and 408 issue a report to the carrier and,the employee, and the409departmentwithin 30 days after the time such assessment is 410 complete. 411 (c) If the rehabilitation provider recommends that the 412 employee receive medical care coordination or reemployment 413 services, the carrier shall advise the employee of the 414 recommendation and determine whether the employee wishes to 415 receive such services. The employee shall have 15 days after the 416 date of receipt of the recommendation in which to agree to 417 accept such services. If the employee elects to receive 418 services, the carrier may refer the employee to a rehabilitation 419 provider for such coordination or services within 15 days of 420 receipt of the assessment report or notice of the employee’s 421 election, whichever is later. 422 (5) MEDICAL CARE COORDINATION AND REEMPLOYMENT SERVICES.— 423 (a) Once the carrier has assigned a case to aqualified424 rehabilitation provider for medical care coordination or 425 reemployment services, the provider shall develop a reemployment 426 plan and submit the plan to the carrier and the employee for 427 approval. 428 (b) If the rehabilitation provider concludes that training 429 and education are necessary to return the employee to suitable 430 gainful employment, or if the employee has not returned to 431 suitable gainful employment within 180 days after referral for 432 reemployment services or receives $2,500 in reemployment 433 services, whichever comes first, the carrier must discontinue 434 reemployment services and refer the employee to the department 435 for a vocational evaluation. Notwithstanding any provision of 436 chapter 289 or chapter 627, the cost of a reemployment 437 assessment and the first $2,500 in reemployment services to an 438 injured employee must not be treated as loss adjustment expense 439 for workers’ compensation ratemaking purposes. 440 (c) A carrier may voluntarily provide medical care 441 coordination or reemployment services to the employee at 442 intervals more frequent than those required in this section.For443the purpose of monitoring reemployment, the carrier or the444rehabilitation provider shall report to the department, in the445manner prescribed by the department, the date of reemployment446and wages of the employee. The carrier shall report its447voluntary service activity to the department as required by448rule.Voluntary services offered by the carrier for any of the 449 following injuries must be considered benefits for purposes of 450 ratemaking: traumatic brain injury; spinal cord injury; 451 amputation, including loss of an eye or eyes; burns of 5 percent 452 or greater of the total body surface. 453 (d) If medical care coordination or reemployment services 454 have not been undertaken as prescribed in paragraph (3)(b), a 455qualifiedrehabilitation service provider, facility, or agency 456 that performs a reemployment assessment shall not provide 457 medical care coordination or reemployment services for the 458 employees it assesses. 459 (6) TRAINING AND EDUCATION.— 460 (a) Upon referral of an injured employee by the carrier, or 461 upon the request of an injured employee, the department shall 462 conduct a training and education screening to determine whether 463 it should refer the employee for a vocational evaluation and, if 464 appropriate, approve training and education or other vocational 465 services for the employee. At the time of such referral, the 466 carrier shall provide the department a copy of any reemployment 467 assessment or reemployment plan provided to the carrier by a 468 rehabilitation provider. The department may not approve formal 469 training and education programs unless it determines, after 470 consideration of the reemployment assessment,pertinent471reemployment status reviews or reports, and such other relevant472factors as it prescribes by rule,that the reemployment plan is 473 likely to result in return to suitable gainful employment. The 474 department is authorized to expend moneys from the Workers’ 475 Compensation Administration Trust Fund, established by s. 476 440.50, to secure appropriate training and education at a 477 Florida public college or at a career center established under 478 s. 1001.44, or to secure other vocational services when 479 necessary to satisfy the recommendation of a vocational 480 evaluator. As used in this paragraph, “appropriate training and 481 education” includes securing a general education diploma (GED), 482 if necessary. The department shall by rule establish training 483 and education standards pertaining to employee eligibility, 484 course curricula and duration, and associated costs. For 485 purposes of this subsection, training and education services may 486 be secured from additional providers if: 487 1. The injured employee currently holds an associate degree 488 and requests to earn a bachelor’s degree not offered by a 489 Florida public college located within 50 miles from his or her 490 customary residence; 491 2. The injured employee’s enrollment in an education or 492 training program in a Florida public college or career center 493 would be significantly delayed; or 494 3. The most appropriate training and education program is 495 available only through a provider other than a Florida public 496 college or career center or at a Florida public college or 497 career center located more than 50 miles from the injured 498 employee’s customary residence. 499 (b) When an employee who has attained maximum medical 500 improvement is unable to earn at least 80 percent of the 501 compensation rate and requires training and education to obtain 502 suitable gainful employment, the employer or carrier shall pay 503 the employee additional training and education temporary total 504 compensation benefits while the employee receives such training 505 and education for a period not to exceed 26 weeks, which period 506 may be extended for an additional 26 weeks or less, if such 507 extended period is determined to be necessary and proper by a 508 judge of compensation claims. The benefits provided under this 509 paragraph shall not be in addition to the 104 weeks as specified 510 in s. 440.15(2). However, a carrier or employer is not precluded 511 from voluntarily paying additional temporary total disability 512 compensation beyond that period. If an employee requires 513 temporary residence at or near a facility or an institution 514 providing training and education which is located more than 50 515 miles away from the employee’s customary residence, the 516 reasonable cost of board, lodging, or travel must be borne by 517 the department from the Workers’ Compensation Administration 518 Trust Fund established by s. 440.50. An employee who refuses to 519 accept training and education that is recommended by the 520 vocational evaluator and considered necessary by the department 521 will forfeit any additional training and education benefits and 522 any additional payment for lost wages under this chapter. The 523department shall adopt rules to implement this section, which524shall include requirements placed upon thecarrier shallto525 notify the injured employee of the availability of training and 526 education benefits as specified in this chapter. The Department 527 of Financial Services shallalsoinclude information regarding 528 the eligibility for training and education benefits in 529 informational materials specified in ss. 440.207 and 440.40. 530(7) PROVIDER QUALIFICATIONS.—531(a) The department shall investigate and maintain a532directory of each qualified public and private rehabilitation533provider, facility, and agency, and shall establish by rule the534minimum qualifications, credentials, and requirements that each535rehabilitation service provider, facility, and agency must536satisfy to be eligible for listing in the directory. These537minimum qualifications and credentials must be based on those538generally accepted within the service specialty for which the539provider, facility, or agency is approved.540(b) The department shall impose a biennial application fee541of $25 for each listing in the directory, and all such fees must542be deposited in the Workers’ Compensation Administration Trust543Fund.544(c) The department shall monitor and evaluate each545rehabilitation service provider, facility, and agency qualified546under this subsection to ensure its compliance with the minimum547qualifications and credentials established by the department.548The failure of a qualified rehabilitation service provider,549facility, or agency to provide the department with information550requested or access necessary for the department to satisfy its551responsibilities under this subsection is grounds for552disqualifying the provider, facility, or agency from further553referrals.554(d) A qualified rehabilitation service provider, facility,555or agency may not be authorized by an employer, a carrier, or556the department to provide any services, including expert557testimony, under this section in this state unless the provider,558facility, or agency is listed or has been approved for listing559in the directory. This restriction does not apply to services560provided outside this state under this section.561(e) The department, after consultation with representatives562of employees, employers, carriers, rehabilitation providers, and563qualified training and education providers, shall adopt rules564governing professional practices and standards.565(8) CARRIER PRACTICES.— The department shall monitor the566selection of providers and the provision of services by carriers567under this section for consistency with legislative intent set568forth in subsection (2).569 (7)(9)PERMANENT DISABILITY.—The judge of compensation 570 claims may not adjudicate an injured employee as permanently and 571 totally disabled until or unless the carrier is given the 572 opportunity to provide a reemployment assessment. 573 Section 4. Paragraph (v) of subsection (3) of section 574 413.011, Florida Statutes, is amended to read: 575 413.011 Division of Blind Services, legislative policy, 576 intent; internal organizational structure and powers; 577 Rehabilitation Council for the Blind.— 578 (3) DIVISION STRUCTURE AND DUTIES.—The internal 579 organizational structure of the Division of Blind Services shall 580 be designed for the purpose of ensuring the greatest possible 581 efficiency and effectiveness of services to the blind and to be 582 consistent with chapter 20. The Division of Blind Services shall 583 plan, supervise, and carry out the following activities: 584 (v) Receive moneys or properties by gift or bequest from 585 any person, firm, corporation, or organization for any of the 586 purposes herein set out, but without authority to bind the state 587 to any expenditure or policy except such as may be specifically 588 authorized by law. All such moneys or properties so received by 589 gift or bequest as herein authorized may be disbursed and 590 expended by the division upon its own warrant for any of the 591 purposes herein set forth, and such moneys or properties shall 592 not constitute or be considered a part of any legislative 593 appropriation made by the state for the purpose of carrying out 594 the provisions of this law. When determined to be in the best 595 interest of the division, the division may lease property 596 received pursuant to this paragraph, and the Department of 597 Education may enter into leases of property and sublease 598 property on behalf of the division. Division and department 599 leases and subleases may be to governmental, public, or 600 nonprofit entities for the provision of blind, education, 601 health, and other social service programs. 602 Section 5. Subsection (2) of section 1004.091, Florida 603 Statutes, is amended to read: 604 1004.091 Florida Distance Learning Consortium.— 605 (2) The Florida Distance Learning Consortium shall: 606 (a) Manage and promote the Florida Higher Education 607 Distance Learning Catalog, established pursuant to s. 1004.09, 608 to help increase student access to undergraduate distance 609 learning courses and degree programs and to assist students 610 seeking accelerated access in order to complete their degrees. 611 (b) Beginning with the 2011-2012 academic year, implement 612Develop, in consultation with the Florida College System and the613State University System, a plan to be submitted to the Board of614Governors, the State Board of Education, the Governor, the615President of the Senate, and the Speaker of the House of616Representatives no later than December 1, 2010, for implementing617 a streamlined, automated, online registration process for 618 transient students who are undergraduate students currently 619 enrolled and pursuing a degree atwho have been admitted toa 620 public postsecondary educational institution and who choosewish621 to enroll in a course listed in the Florida Higher Education 622 Distance Learning Catalog which, including courses offered by an623institution thatis offered by a public postsecondary 624 educational institution that is not the student’s degree 625 grantingor homeinstitution. The consortium shall work with the 626 Florida College System and the State University System to 627 implement this admissions application process requiring all 628 state universities and state colleges to:The plan must describe629how such a registration process can be implemented by the 20116302012 academic year as an alternative to the standard631registration process of each institution. The plan must also632address:633 1. Use the transient student admissions application 634 available through the Florida Academic Counseling and Tracking 635 for Students system established pursuant to s. 1007.28. This 636 admissions application shall be the only one required for the 637 enrollment of the transient student defined in this paragraph. 638 2. Implement the financial aid procedures required by the 639 transient student admissions application process, which must 640 include the involvement of the financial aid officers. 641 3. Transfer credit awarded by the institutions offering the 642 distance learning course to the transient student’s degree 643 granting institution. 644 4. By July 1, 2012, provide for an interface between the 645 institutional system and the Florida Academic Counseling and 646 Tracking for Students system in order to electronically send, 647 receive, and process the transient admissions application. 6481. Fiscal and substantive policy changes needed to address649administrative, academic, and programmatic policies and650procedures. Policy areas that the plan must addressinclude, but651need not be limited to, student financial aid issues, variations652in fees, admission and readmission, registration-prioritization653issues, transfer of credit, and graduation requirements, with654specific attention given to creating recommended guidelines that655address students who attend more than one institution in pursuit656of a degree.6572. A method for the expedited transfer of distance learning658course credit awarded by an institution offering adistance659learning course to a student’s degree-granting or home660institution upon the student’s successful completion of the661distance learning course.6623. Compliance with applicable technology security standards663and guidelines to ensure the secure transmission of student664information.665 (c) Coordinate the negotiation of statewide licensing and 666 preferred pricing agreements for distance learning resources and 667 enter into agreements that result in cost savings with distance 668 learning resource providers so that postsecondary educational 669 institutions have the opportunity to benefit from the cost 670 savings. 671 (d)1. Develop and operate a central instructional content 672 repository that allows public school and postsecondary 673 educational institution usersfacultyto search, locate,and674 use, and contribute digital and electronic instructional 675 resources and content, including open access textbooks. In the 676 development of thearepository, the consortium shall identify 677 and seek partnershipswith similar national, state, and regional678repositoriesfor the purpose of sharing instructional content. 679 The consortium shall collaborate with the publicpostsecondary680 educational institutions to ensure that the repository: 681 a. Is accessible by theIntegrates with multiplelearning 682 management systems used by the public postsecondary educational 683 institutions and the local instructional improvement systems 684 established pursuant to s. 1006.281. 685 b. Allows institutions to set appropriate copyright and 686 access restrictions and track content usage. 687 c. Allows for appropriate customization. 688 d. Supports established protocols to access instructional 689 content within other repositories. 690 2. Provide toDevelop, in consultation withthe chancellors 691 of the Florida College System and the State University System, 692 recommendationsa planfor promoting and increasing the use of 693 open access textbooks as a method for reducing textbook costs. 694 The recommendationsplan shall be submitted to the Board of695Governors, the State Board of Education, the Office of Policy696and Budget in the Executive Office of the Governor, the chair of697the Senate Policy and Steering Committee on Ways and Means, and698the chair of the House Full Appropriations Council on Education699& Economic Development no later than March 1, 2010, andshall 700 include: 701a. An inventory of existing open access textbooks.702 a.b.TheA listing ofundergraduate courses, in particular 703 the general education courses, that would be recommended for the 704 use of open access textbooks. 705 b.c.A standardized process for the review and approval of 706 open access textbooks. 707d. Recommendations for encouraging and promoting faculty708development and use of open access textbooks.709e. Identification of barriers to the implementation of open710access textbooks.711 c.f.Strategies for the production and distribution of open 712 access textbooks to ensure such textbooks may be easily 713 accessed, downloaded, printed, or obtained as a bound version by 714 students at either reduced or no cost. 715g. Identification of the necessary technology security716standards and guidelines to safeguard the use of open access717textbooks.718 (e) Identify and evaluate new technologies and 719 instructional methods that can be used for improving distance 720 learning instruction, student learning, and the overall quality 721 of undergraduate distance learning courses and degree programs. 722 (f) Identify methods that will improve student access to 723 and completion of undergraduate distance learning courses and 724 degree programs. 725 Section 6. Section 1004.649, Florida Statutes, is created 726 to read: 727 1004.649 Northwest Regional Data Center.— 728 (1) For the purpose of serving its state agency customers, 729 the Northwest Regional Data Center at Florida State University 730 is designated as a primary data center and shall comply with the 731 following: 732 (a) Operates under a governance structure that represents 733 its customers proportionally. 734 (b) Maintains an appropriate cost-allocation methodology 735 that accurately bills state agency customers based solely on the 736 actual direct and indirect costs of the services provided to 737 state agency customers, and prohibits the subsidization of 738 nonstate agency customers’ costs by state agency customers. 739 (c) Enters into a service-level agreement with each state 740 agency customer to provide services as defined and approved by 741 the governing board of the center. At a minimum, such service 742 level agreements must: 743 1. Identify the parties and their roles, duties, and 744 responsibilities under the agreement; 745 2. State the duration of the agreement term and specify the 746 conditions for renewal; 747 3. Identify the scope of work; 748 4. Establish the services to be provided, the business 749 standards that must be met for each service, the cost of each 750 service, and the process by which the business standards for 751 each service are to be objectively measured and reported; 752 5. Provide a timely billing methodology for recovering the 753 cost of services provided; and 754 6. Provide a procedure for modifying the service-level 755 agreement to address any changes in projected costs of service. 756 (d) Provides to the Board of Governors the total annual 757 budget by major expenditure category, including, but not limited 758 to, salaries, expenses, operating capital outlay, contracted 759 services, or other personnel services by July 30 each fiscal 760 year. 761 (e) Provides to each state agency customer its projected 762 annual cost for providing the agreed-upon data center services 763 by August 1 each fiscal year. 764 (2) The Northwest Regional Data Center’s designation as a 765 primary data center for purposes of serving its state agency 766 customers may be terminated if: 767 (a) The center requests such termination to the Board of 768 Governors, the Senate President, and the Speaker of the House of 769 Representatives; or 770 (b) The center fails to comply with the provisions of this 771 section. 772 (3) If such designation is terminated, the center shall 773 have 1 year to provide for the transition of its state agency 774 customers to the Southwood Shared Resource Center or the 775 Northwood Shared Resource Center. 776 Section 7. Subsection (7) is added to section 1006.72, 777 Florida Statutes, to read: 778 1006.72 Licensing electronic library resources.— 779 (7) REPORT.—The chancellors and vice chancellors of the 780 Florida College System and the State University System shall 781 annually report to the Executive Office of the Governor and the 782 chairs of the legislative appropriations committees the cost 783 savings realized as a result of the collaborative licensing 784 process identified in this section. 785 Section 8. Subsection (5) is added to section 1007.28, 786 Florida Statutes, to read: 787 1007.28 Computer-assisted student advising system.—The 788 Department of Education, in conjunction with the Board of 789 Governors, shall establish and maintain a single, statewide 790 computer-assisted student advising system, which must be an 791 integral part of the process of advising, registering, and 792 certifying students for graduation and must be accessible to all 793 Florida students. The state universities and community colleges 794 shall interface institutional systems with the computer-assisted 795 advising system required by this section. The State Board of 796 Education and the Board of Governors shall specify in the 797 statewide articulation agreement required by s. 1007.23(1) the 798 roles and responsibilities of the department, the state 799 universities, and the community colleges in the design, 800 implementation, promotion, development, and analysis of the 801 system. The system shall consist of a degree audit and an 802 articulation component that includes the following 803 characteristics: 804 (5) The system must provide the admissions application for 805 transient students who are undergraduate students currently 806 enrolled and pursuing a degree at a public postsecondary 807 educational institution and who want to enroll in a course 808 listed in the Florida Higher Education Distance Leaning Catalog 809 which is offered by a public postsecondary educational 810 institution that is not the student’s degree-granting 811 institution. This system must include the electronic transfer 812 and receipt of information and records for the following 813 functions: 814 (a) Admissions and readmissions; 815 (b) Financial aid; and 816 (c) Transfer of credit awarded by the institution offering 817 the distance learning course to the transient student’s degree 818 granting institution. 819 Section 9. Paragraph (g) of subsection (3) of section 820 1009.605, Florida Statutes, is amended to read: 821 1009.605 Florida Fund for Minority Teachers, Inc.— 822 (3) A board of directors shall administer the corporation. 823 The Governor shall appoint to the board at least 15 but not more 824 than 25 members, who shall serve terms of 3 years, except that 4 825 of the initial members shall serve 1-year terms and 4 shall 826 serve 2-year terms. At least 4 members must be employed by 827 public community colleges and at least 11 members must be 828 employed by public or private postsecondary institutions that 829 operate colleges of education. At least one member must be a 830 financial aid officer employed by a postsecondary education 831 institution operating in Florida. Administrative costs for 832 support of the Board of Directors and the Florida Fund for 833 Minority Teachers may not exceed 5 percent of funds allocated 834 for the program. The board shall: 835 (g) Carry out the training program as required for the 836 minority teacher education scholars program. No more than 5 837 percent of the funds appropriated and up to $100,000 from other 838 available funds for the minority teacher education scholars 839 program may be expended annually for administration, including 840 administration of the required training program. 841 Section 10. Section 1009.215, Florida Statutes, is created 842 to read: 843 1009.215 Student enrollment pilot program for the spring 844 and summer terms.— 845 (1) Subject to approval by the Board of Governors, the 846 University of Florida may plan and implement a student 847 enrollment pilot program for the spring and summer terms for the 848 purpose of aligning on-campus student enrollment and the 849 availability of instructional facilities. 850 (2) The pilot program shall provide for a student cohort 851 that is limited to on-campus enrollment during the spring and 852 summer terms. Students in this cohort are not eligible for on 853 campus enrollment during the fall term. 854 (3) Students who are enrolled in the pilot program and who 855 are eligible to receive Bright Futures Scholarships under ss. 856 1009.53-1009.536 shall be eligible to receive the scholarship 857 award for attendance in the spring and summer terms, but are not 858 eligible to receive the scholarship for attendance during the 859 fall term. 860 (4) By January 31, 2013, the University of Florida shall 861 report to the Board of Governors, the President of the Senate, 862 and the Speaker of the House of Representatives regarding the 863 result of the pilot program. 864 Section 11. Paragraphs (a) and (c) of subsection (3) and 865 subsections (6) and (10) of section 1009.22, Florida Statutes, 866 are amended, present subsection (12) of that section is 867 redesignated as subsection (13), and a new subsection (12) is 868 added to that section, to read: 869 1009.22 Workforce education postsecondary student fees.— 870 (3)(a) Except as otherwise provided by law, fees for 871 students who are nonresidents for tuition purposes must offset 872 the full cost of instruction. Residency of students shall be 873 determined as required in s. 1009.21. Fee-nonexempt students 874 enrolled in vocational-preparatory instruction shall be charged 875 fees equal to the fees charged for adult general education 876 programscertificate career education instruction. Each 877 community college that conducts college-preparatory and 878 vocational-preparatory instruction in the same class section may 879 charge a single fee for both types of instruction. 880 (c) Effective July 1, 2011, for programs leading to a 881 career certificate or an applied technology diploma, the 882 standard tuition shall be $2.22 per contact hour for residents 883 and nonresidents and the out-of-state fee shall be $6.66 per 884 contact hour. For adult general education programs, a block 885 tuition of $45 per half year or $30 per term shall be assessed 886 for residents and nonresidents, and the out-of-state fee shall 887 be $135 per half year or $90 per term. Each district school 888 board and Florida College System institution board of trustees 889 shall adopt policies and procedures for the collection of and 890 accounting for the expenditure of the block tuition. All funds 891 received from the block tuition shall be used only for adult 892 general education programs. Students enrolled in adult general 893 education programs may not be assessed the fees authorized in 894 subsection (5), subsection (6), or subsection (7).Effective895January 1, 2008, standard tuition shall be $1.67 per contact896hour for programs leading to a career certificate or an applied897technology diploma and 83 cents for adult general education898programs. The out-of-state fee per contact hour shall be three899times the standard tuition per contact hour.900 (6)(a) Each district school board and community college 901 board of trustees may establish a separate fee for capital 902 improvements, technology enhancements,orequipping buildings, 903 or the acquisition of improved real property which may not 904 exceed 5 percent of tuition for resident students or 5 percent 905 of tuition and out-of-state fees for nonresident students. Funds 906 collected by community colleges through the fee may be bonded 907 only for the purpose of financing or refinancing new 908 construction and equipment, renovation,orremodeling of 909 educational facilities, or the acquisition of improved real 910 property for use as educational facilities. The fee shall be 911 collected as a component part of the tuition and fees, paid into 912 a separate account, and expended only to acquire improved real 913 property or construct and equip, maintain, improve, or enhance 914 the certificate career education or adult education facilities 915 of the school district or the educational facilities of the 916 community college. Projects and acquisitions of improved real 917 property funded through the use of the capital improvement fee 918 must meet the survey and construction requirements of chapter 919 1013. Pursuant to s. 216.0158, each district school board and 920 community college board of trustees shall identify each project, 921 including maintenance projects, proposed to be funded in whole 922 or in part by such fee. Capital improvement fee revenues may be 923 pledged by a board of trustees as a dedicated revenue source to 924 the repayment of debt, including lease-purchase agreements, with 925 an overall term of not more than 7 years, including renewals, 926 extensions, and refundings, and revenue bonds with a term not 927 exceeding 20 years and not exceeding the useful life of the 928 asset being financed, only for the new construction and 929 equipment, renovation, or remodeling of educational facilities. 930 Bonds authorized pursuant to this paragraph shall be requested 931 by the community college board of trustees and shall be issued 932 by the Division of Bond Finance in compliance with s. 11(d), 933 Art. VII of the State Constitution and the State Bond Act. The 934 Division of Bond Finance may pledge fees collected by one or 935 more community colleges to secure such bonds. Any project 936 included in the approved educational plant survey pursuant to 937 chapter 1013 is approved pursuant to s. 11(f), Art. VII of the 938 State Constitution. Bonds issued pursuant to the State Bond Act 939 may be validated in the manner provided by chapter 75. The 940 complaint for such validation shall be filed in the circuit 941 court of the county where the seat of state government is 942 situated, the notice required to be published by s. 75.06 shall 943 be published only in the county where the complaint is filed, 944 and the complaint and order of the circuit court shall be served 945 only on the state attorney of the circuit in which the action is 946 pending. A maximum of 15 cents per credit hour may be allocated 947 from the capital improvement fee for child care centers 948 conducted by the district school board or community college 949 board of trustees. The use of capital improvement fees for such 950 purpose shall be subordinate to the payment of any bonds secured 951 by the fees. 952 (b) The state does hereby covenant with the holders of the 953 bonds issued under paragraph (a) that it will not take any 954 action that will materially and adversely affect the rights of 955 such holders so long as the bonds authorized by paragraph (a) 956 are outstanding. 957 (10) Each school district and community college may assess 958 a service charge for the payment of tuition and fees in 959 installments and a convenience fee for the processing of 960 automated or online credit card payments. However, the amount of 961 the convenience fee for automated or online credit card payments 962 may not exceed the total cost charged by the credit card company 963 to the school district or Florida College System institution. 964 Such service charge or convenience fee must be approved by the 965 district school board or community college board of trustees. 966 (12)(a) The Board of Trustees of Santa Fe College may 967 establish a transportation access fee. Revenue from the fee may 968 be used only to provide or improve access to transportation 969 services for students enrolled at Santa Fe College. The fee may 970 not exceed $6 per credit hour. An increase in the transportation 971 access fee may occur only once each fiscal year and must be 972 implemented beginning with the fall term. A referendum must be 973 held by the student government to approve the application of the 974 fee. 975 (b) Notwithstanding ss. 1009.534, 1009.535, and 1009.536, 976 the transportation access fee authorized under paragraph (a) may 977 not be included in calculating the amount a student receives for 978 a Florida Academic Scholars award, a Florida Medallion Scholars 979 award, or a Florida Gold Seal Vocational Scholars award. 980 Section 12. Paragraphs (a) and (b) of subsection (3), 981 paragraph (c) of subsection (8), and paragraph (a) of subsection 982 (11) of section 1009.23, Florida Statutes, are amended, present 983 subsection (17) of that section is redesignated as subsection 984 (19), and new subsections (17) and (18) are added to that 985 section, to read: 986 1009.23 Community college student fees.— 987 (3)(a) Effective July 1, 2011January 1, 2008, for advanced 988 and professional, postsecondary vocational, college preparatory, 989 and educator preparation institute programs,the following990tuition and fee rates shall apply:9911.the standard tuition shall be $68.56 per credit hour for 992 residents and nonresidents, and the out-of-state fee shall be 993 $205.82 per credit hour$51.35 per credit hour for students who994are residents for tuition purposes. 9952. The standard tuition shall be $51.35 per credit hour and996the out-of-state fee shall be $154.14 per credit hour for997students who are nonresidents for tuition purposes.998 (b) Effective July 1, 2011January 1, 2008, for 999 baccalaureate degree programs, the following tuition and fee 1000 rates shall apply: 1001 1. The tuition shall be $87.42$65.47per credit hour for 1002 students who are residents for tuition purposes. 1003 2. The sum of the tuition and the out-of-state fee per 1004 credit hour for students who are nonresidents for tuition 1005 purposes shall be no more than 85 percent of the sum of the 1006 tuition and the out-of-state fee at the state university nearest 1007 the community college. 1008 (8) 1009 (c) Up to 25 percent or $600,000, whichever is greater, of 1010 the financial aid fees collected may be used to assist students 1011 who demonstrate academic merit; who participate in athletics, 1012 public service, cultural arts, and other extracurricular 1013 programs as determined by the institution; or who are identified 1014 as members of a targeted gender or ethnic minority population. 1015 The financial aid fee revenues allocated for athletic 1016 scholarships and any fee exemptions provided to athletes 1017 pursuant to s. 1009.25(2)(3)mustfor athletes shallbe 1018 distributed equitably as required by s. 1000.05(3)(d). A minimum 1019 of 75 percent of the balance of these funds for new awards shall 1020 be used to provide financial aid based on absolute need, and the 1021 remainder of the funds shall be used for academic merit purposes 1022 and other purposes approved by the boards of trustees. Such 1023 other purposes shall include the payment of child care fees for 1024 students with financial need. The State Board of Education shall 1025 develop criteria for making financial aid awards. Each college 1026 shall report annually to the Department of Education on the 1027 revenue collected pursuant to this paragraph, the amount carried 1028 forward, the criteria used to make awards, the amount and number 1029 of awards for each criterion, and a delineation of the 1030 distribution of such awards. The report shall include an 1031 assessment by category of the financial need of every student 1032 who receives an award, regardless of the purpose for which the 1033 award is received. Awards thatwhichare based on financial need 1034 shall be distributed in accordance with a nationally recognized 1035 system of need analysis approved by the State Board of 1036 Education. An award for academic merit requiresshall requirea 1037 minimum overall grade point average of 3.0 on a 4.0 scale or the 1038 equivalent for both initial receipt of the award and renewal of 1039 the award. 1040 (11)(a) Each community college board of trustees may 1041 establish a separate fee for capital improvements, technology 1042 enhancements,orequipping student buildings, or the acquisition 1043 of improved real property which may not exceed 10 percent of 1044 tuition for resident students or 10 percent of the sum of 1045 tuition and out-of-state fees for nonresident students. The fee 1046 for resident students shall be limited to an increase of $2 per 1047 credit hour over the prior year. Funds collected by community 1048 colleges through the fee may be bonded only as provided in this 1049 subsection for the purpose of financing or refinancing new 1050 construction and equipment, renovation,orremodeling of 1051 educational facilities, or the acquisition and renovation or 1052 remodeling of improved real property for use as educational 1053 facilities. The fee shall be collected as a component part of 1054 the tuition and fees, paid into a separate account, and expended 1055 only to acquire improved real property or construct and equip, 1056 maintain, improve, or enhance the educational facilities of the 1057 community college. Projects and acquisitions of improved real 1058 property funded through the use of the capital improvement fee 1059 shall meet the survey and construction requirements of chapter 1060 1013. Pursuant to s. 216.0158, each community college shall 1061 identify each project, including maintenance projects, proposed 1062 to be funded in whole or in part by such fee. 1063 (17) Each Florida College System institution that accepts 1064 transient students, pursuant to s. 1004.091, may establish a 1065 transient student fee not to exceed $5 per distance learning 1066 course for processing the transient student admissions 1067 application. 1068 (18)(a) The Board of Trustees of Santa Fe College may 1069 establish a transportation access fee. Revenue from the fee may 1070 be used only to provide or improve access to transportation 1071 services for students enrolled at Santa Fe College. The fee may 1072 not exceed $6 per credit hour. An increase in the transportation 1073 access fee may occur only once each fiscal year and must be 1074 implemented beginning with the fall term. A referendum must be 1075 held by the student government to approve the application of the 1076 fee. 1077 (b) Notwithstanding ss. 1009.534, 1009.535, and 1009.536, 1078 the transportation access fee authorized under paragraph (a) may 1079 not be included in calculating the amount a student receives for 1080 a Florida Academic Scholars award, a Florida Medallion Scholars 1081 award, or a Florida Gold Seal Vocational Scholars award. 1082 Section 13. Paragraph (a) of subsection (4) and paragraph 1083 (a) of subsection (16) of section 1009.24, Florida Statutes, are 1084 amended, and paragraph (t) is added to subsection (14) of that 1085 section, to read: 1086 1009.24 State university student fees.— 1087 (4)(a) Effective July 1, 2011,January 1, 2008,the 1088 resident undergraduate tuition for lower-level and upper-level 1089 coursework shall be $103.32$77.39per credit hour. 1090 (14) Except as otherwise provided in subsection (15), each 1091 university board of trustees is authorized to establish the 1092 following fees: 1093 (t) A transient student fee that may not exceed $5 per 1094 distance learning course for accepting a transient student and 1095 processing the transient student admissions application pursuant 1096 to s. 1004.091. 1097 1098 With the exception of housing rental rates and except as 1099 otherwise provided, fees assessed pursuant to paragraphs (h)-(s) 1100 shall be based on reasonable costs of services. The Board of 1101 Governors shall adopt regulations and timetables necessary to 1102 implement the fees and fines authorized under this subsection. 1103 The fees assessed under this subsection may be used for debt 1104 only as authorized under s. 1010.62. 1105 (16) Each university board of trustees may establish a 1106 tuition differential for undergraduate courses upon receipt of 1107 approval from the Board of Governors. The tuition differential 1108 shall promote improvements in the quality of undergraduate 1109 education and shall provide financial aid to undergraduate 1110 students who exhibit financial need. 1111 (a) Seventy percent of the revenues from the tuition 1112 differential shall be expended for purposes of undergraduate 1113 education. Such expenditures may include, but are not limited 1114 to, increasing course offerings, improving graduation rates, 1115 increasing the percentage of undergraduate students who are 1116 taught by faculty, decreasing student-faculty ratios, providing 1117 salary increases for faculty who have a history of excellent 1118 teaching in undergraduate courses, improving the efficiency of 1119 the delivery of undergraduate education through academic 1120 advisement and counseling, and reducing the percentage of 1121 students who graduate with excess hours. This expenditure for 1122 undergraduate education may not be used to pay the salaries of 1123 graduate teaching assistants. Except as otherwise provided in 1124 this subsection, the remaining 30 percent of the revenues from 1125 the tuition differential, or the equivalent amount of revenue 1126 from private sources, shall be expended to provide financial aid 1127 to undergraduate students who exhibit financial need, including 1128 students who are scholarship recipients under s. 1009.984, to 1129 meet the cost of university attendance. This expenditure for 1130 need-based financial aid shall not supplant the amount of need 1131 based aid provided to undergraduate students in the preceding 1132 fiscal year from financial aid fee revenues, the direct 1133 appropriation for financial assistance provided to state 1134 universities in the General Appropriations Act, or from private 1135 sources. The total amount of tuition differential waived under 1136 subparagraph (b)8. may be included in calculating the 1137 expenditures for need-based financial aid to undergraduate 1138 students required by this subsection. If the entire tuition and 1139 fee costs of resident students who have applied for and received 1140 Pell Grant funds have been met and the university has excess 1141 funds remaining from the 30 percent of the revenues from the 1142 tuition differential required to be used to assist students who 1143 exhibit financial need, the university may expend the excess 1144 portion in the same manner as required for the other 70 percent 1145 of the tuition differential revenues. 1146 Section 14. Section 1009.25, Florida Statutes, is amended 1147 to read: 1148 1009.25 Fee exemptions.— 1149(1) The following Students are exempt from any requirement1150for the payment of tuition and fees, including lab fees, for1151adult basic, adult secondary, or career-preparatory instruction:1152(a) A student who does not have a high school diploma or1153its equivalent.1154(b) A student who has a high school diploma or its1155equivalent and who has academic skills at or below the eighth1156grade level pursuant to state board rule. A student is eligible1157for this exemption from fees if the student’s skills are at or1158below the eighth grade level as measured by a test administered1159in the English language and approved by the Department of1160Education, even if the student has skills above that level when1161tested in the student’s native language.1162 (1)(2)The following students are exempt from the payment 1163 of tuition and fees, including lab fees, at a school district 1164 that provides postsecondary career programs, community college, 1165 or state university: 1166 (a) A student enrolled in a dual enrollment or early 1167 admission program pursuant to s. 1007.27 or s. 1007.271. 1168 (b) A student enrolled in an approved apprenticeship 1169 program, as defined in s. 446.021. 1170 (c) A student who is or was at the time he or she reached 1171 18 years of age in the custody of the Department of Children and 1172 Family Services or who, after spending at least 6 months in the 1173 custody of the department after reaching 16 years of age, was 1174 placed in a guardianship by the court. Such exemption includes 1175 fees associated with enrollment in career-preparatory 1176 instruction. The exemption remains valid until the student 1177 reaches 28 years of age. 1178 (d) A student who is or was at the time he or she reached 1179 18 years of age in the custody of a relative under s. 39.5085 or 1180 who was adopted from the Department of Children and Family 1181 Services after May 5, 1997. Such exemption includes fees 1182 associated with enrollment in career-preparatory instruction. 1183 The exemption remains valid until the student reaches 28 years 1184 of age. 1185 (e) A student enrolled in an employment and training 1186 program under the welfare transition program. The regional 1187 workforce board shall pay the state university, community 1188 college, or school district for costs incurred for welfare 1189 transition program participants. 1190 (f) A student who lacks a fixed, regular, and adequate 1191 nighttime residence or whose primary nighttime residence is a 1192 public or private shelter designed to provide temporary 1193 residence for individuals intended to be institutionalized, or a 1194 public or private place not designed for, or ordinarily used as, 1195 a regular sleeping accommodation for human beings. 1196 (g) A student who is a proprietor, owner, or worker of a 1197 company whose business has been at least 50 percent negatively 1198 financially impacted by the buyout of property around Lake 1199 Apopka by the State of Florida. Such student may receive a fee 1200 exemption only if the student has not received compensation 1201 because of the buyout, the student is designated a Florida 1202 resident for tuition purposes, pursuant to s. 1009.21, and the 1203 student has applied for and been denied financial aid, pursuant 1204 to s. 1009.40, which would have provided, at a minimum, payment 1205 of all student fees. The student is responsible for providing 1206 evidence to the postsecondary education institution verifying 1207 that the conditions of this paragraph have been met, including 1208 supporting documentation provided by the Department of Revenue. 1209 The student must be currently enrolled in, or begin coursework 1210 within, a program area by fall semester 2000. The exemption is 1211 valid for a period of 4 years after the date that the 1212 postsecondary education institution confirms that the conditions 1213 of this paragraph have been met. 1214 (2)(3)Each community college is authorized to grant 1215 student fee exemptions from all fees adopted by the State Board 1216 of Education and the community college board of trustees for up 1217 to 40 full-time equivalent students at each institution. 1218 Section 15. Subsection (8) of section 1009.26, Florida 1219 Statutes, is amended to read: 1220 1009.26 Fee waivers.— 1221 (8) A state university or community college shall waive 1222 undergraduate tuition for each recipient of a Purple Heart or 1223 another combat decoration superior in precedence who: 1224 (a) Is enrolled as a full-time, part-time, or summer-school 1225 student in an undergraduate program that terminates in a degree 1226 or certificate; 1227 (b) Is currently, and was at the time of the military 1228 action that resulted in the awarding of the Purple Heart or 1229 other combat decoration superior in precedence, a resident of 1230 this state; and 1231 (c) Submits to the state university or the community 1232 college the DD-214 form issued at the time of separation from 1233 service as documentation that the student has received a Purple 1234 Heart or another combat decoration superior in precedence. If 1235 the DD-214 is not available, other documentation may be 1236 acceptable if recognized by the United States Department of 1237 Defense or the United States Department of Veterans Affairs as 1238 documenting the award. 1239 1240 Such a waiver for a Purple Heart recipient or recipient of 1241 another combat decoration superior in precedence shall be 1242 applicable for 110 percent of the number of required credit 1243 hours of the degree or certificate program for which the student 1244 is enrolled. 1245 Section 16. Subsections (2) and (7) of section 1009.286, 1246 Florida Statutes, are amended to read: 1247 1009.286 Additional student payment for hours exceeding 1248 baccalaureate degree program completion requirements at state 1249 universities.— 1250 (2) State universities shall require a student to pay an 1251 excess hour surcharge equal to 10050percent of the tuition 1252 rate for each credit hour in excess of 115120percent of the 1253 number of credit hours required to complete the baccalaureate 1254 degree program in which the student is enrolled. 1255 (7) The provisions of this section become effective for 1256 students who enter a community college or a state university for 1257 the first time in the 2011-20122009-2010academic year and 1258 thereafter. 1259 Section 17. Paragraphs (b) and (c) of subsection (6) of 1260 section 1009.531, Florida Statutes, are amended, and subsection 1261 (7) is added to that section, to read: 1262 1009.531 Florida Bright Futures Scholarship Program; 1263 student eligibility requirements for initial awards.— 1264 (6) 1265 (b) The State Board of Education shall publicize the 1266 examination score required for a student to be eligible for a 1267 Florida Medallion Scholars award, pursuant to s. 1009.535(1)(a) 1268 or (b), as follows: 1269 1. For high school students graduating in the 2010-2011 1270 academic year, the student must earn an SAT score of 970 or a 1271 concordant ACT score of 20 or the student in a home education 1272 program whose parent cannot document a college-preparatory 1273 curriculum must earn an SAT score of 1070 or a concordant ACT 1274 score of 23. 1275 2. For high school students graduating in the 2011-2012 1276 academic year, the student must earn an SAT score of 980 which 1277 corresponds to the 44th SAT percentile rank or a concordant ACT 1278 score of 21 or the student in a home education program whose 1279 parent cannot document a college-preparatory curriculum must 1280 earn an SAT score of 1070 or a concordant ACT score of 23. 1281 3. For high school students graduating in the 2012-2013 1282 academic year, the student must earn an SAT score of 1020 which 1283 corresponds to the 51st50thSAT percentile rank or a concordant 1284 ACT score of 22 or the student in a home education program whose 1285 parent cannot document a college-preparatory curriculum must 1286 earn an SAT score of 1070 or a concordant ACT score of 23. 1287 4. For high school students graduating in the 2013-2014 1288 academic year and thereafter, the student must earn an SAT score 1289 of 11701050which corresponds to the 75th56thSAT percentile 1290 rank or a concordant ACT score of 2623or the student in a home 1291 education program whose parent cannot document a college 1292 preparatory curriculum must earn an SAT score of 12201100or a 1293 concordant ACT score of 2724. 1294 (c) The SAT percentile ranks and corresponding SAT scores 1295 specified in paragraphs (a) and (b) are based on the SAT 1296 percentile ranks for 20102009college-bound seniors in critical 1297 reading and mathematics as reported by the College Board. The 1298 next highest SAT score is used when the percentile ranks do not 1299 directly correspond. 1300 (7) To be eligible for an award under the Florida Bright 1301 Futures Scholarship Program, a student must submit a Free 1302 Application for Federal Student Aid which is complete and error 1303 free prior to disbursement. 1304 Section 18. Subsection (1) of section 1009.534, Florida 1305 Statutes, is amended to read: 1306 1009.534 Florida Academic Scholars award.— 1307 (1) A student is eligible for a Florida Academic Scholars 1308 award if the student meets the general eligibility requirements 1309 for the Florida Bright Futures Scholarship Program and the 1310 student: 1311 (a) Has achieved a 3.5 weighted grade point average as 1312 calculated pursuant to s. 1009.531, or its equivalent, in high 1313 school courses that are designated by the State Board of 1314 Education as college-preparatory academic courses; and has 1315 attained at least the score pursuant to s. 1009.531(6)(a) on the 1316 combined verbal and quantitative parts of the Scholastic 1317 Aptitude Test, the Scholastic Assessment Test, or the recentered 1318 Scholastic Assessment Test of the College Entrance Examination, 1319 or an equivalent score on the ACT Assessment Program; 1320 (b) Has attended a home education program according to s. 1321 1002.41 during grades 11 and 12 or has completed the 1322 International Baccalaureate curriculum but failed to earn the 1323 International Baccalaureate Diploma or has completed the 1324 Advanced International Certificate of Education curriculum but 1325 failed to earn the Advanced International Certificate of 1326 Education Diploma, and has attained at least the score pursuant 1327 to s. 1009.531(6)(a) on the combined verbal and quantitative 1328 parts of the Scholastic Aptitude Test, the Scholastic Assessment 1329 Test, or the recentered Scholastic Assessment Test of the 1330 College Entrance Examination, or an equivalent score on the ACT 1331 Assessment Program; 1332 (c) Has been awarded an International Baccalaureate Diploma 1333 from the International Baccalaureate Office or an Advanced 1334 International Certificate of Education Diploma from the 1335 University of Cambridge International Examinations Office; 1336 (d) Has been recognized by the merit or achievement 1337 programs of the National Merit Scholarship Corporation as a 1338 scholar or finalist; or 1339 (e) Has been recognized by the National Hispanic 1340 Recognition Program as a scholar recipient. 1341 1342 A student must complete a program of community service work, as 1343 approved by the district school board or the administrators of a 1344 nonpublic school, which shall include a minimum of 75 hours of 1345 service work for high school students graduating in the 2010 1346 2011 academic year and 100 hours of service work for high school 1347 students graduating in the 2011-2012 academic year and 1348 thereafter, and mustand require thestudent toidentify a 1349 social problem that interests him or her, develop a plan for his 1350 or her personal involvement in addressing the problem, and, 1351 through papers or other presentations, evaluate and reflect upon 1352 his or her experience. 1353 Section 19. Subsection (1) of section 1009.535, Florida 1354 Statutes, is amended to read: 1355 1009.535 Florida Medallion Scholars award.— 1356 (1) A student is eligible for a Florida Medallion Scholars 1357 award if the student meets the general eligibility requirements 1358 for the Florida Bright Futures Scholarship Program and the 1359 student: 1360 (a) Has achieved a weighted grade point average of 3.0 as 1361 calculated pursuant to s. 1009.531, or the equivalent, in high 1362 school courses that are designated by the State Board of 1363 Education as college-preparatory academic courses; and has 1364 attained at least the score pursuant to s. 1009.531(6)(b) on the 1365 combined verbal and quantitative parts of the Scholastic 1366 Aptitude Test, the Scholastic Assessment Test, or the recentered 1367 Scholastic Assessment Test of the College Entrance Examination, 1368 or an equivalent score on the ACT Assessment Program; 1369 (b) Has completed the International Baccalaureate 1370 curriculum but failed to earn the International Baccalaureate 1371 Diploma or has completed the Advanced International Certificate 1372 of Education curriculum but failed to earn the Advanced 1373 International Certificate of Education Diploma, and has attained 1374 at least the score pursuant to s. 1009.531(6)(b) on the combined 1375 verbal and quantitative parts of the Scholastic Aptitude Test, 1376 the Scholastic Assessment Test, or the recentered Scholastic 1377 Assessment Test of the College Entrance Examination, or an 1378 equivalent score on the ACT Assessment Program; 1379 (c) Has attended a home education program according to s. 1380 1002.41 during grades 11 and 12 and has attained at least the 1381 score pursuant to s. 1009.531(6)(b) on the combined verbal and 1382 quantitative parts of the Scholastic Aptitude Test, the 1383 Scholastic Assessment Test, or the recentered Scholastic 1384 Assessment Test of the College Entrance Examination, or an 1385 equivalent score on the ACT Assessment Program, if the student’s 1386 parent cannot document a college-preparatory curriculum as 1387 described in paragraph (a); 1388 (d) Has been recognized by the merit or achievement program 1389 of the National Merit Scholarship Corporation as a scholar or 1390 finalist but has not completed a program of community service as 1391 provided in s. 1009.534; or 1392 (e) Has been recognized by the National Hispanic 1393 Recognition Program as a scholar, but has not completed a 1394 program of community service as provided in s. 1009.534. 1395 1396 A high school student graduating in the 2011-2012 academic year 1397 and thereafter must complete a program of community service work 1398 approved by the district school board or the administrators of a 1399 nonpublic school, which shall include a minimum of 75 hours of 1400 service work, and must identify a social problem that interests 1401 him or her, develop a plan for his or her personal involvement 1402 in addressing the problem, and, through papers or other 1403 presentations, evaluate and reflect upon his or her experience. 1404 Section 20. Paragraph (e) is added to subsection (1) of 1405 section 1009.536, Florida Statutes, to read: 1406 1009.536 Florida Gold Seal Vocational Scholars award.—The 1407 Florida Gold Seal Vocational Scholars award is created within 1408 the Florida Bright Futures Scholarship Program to recognize and 1409 reward academic achievement and career preparation by high 1410 school students who wish to continue their education. 1411 (1) A student is eligible for a Florida Gold Seal 1412 Vocational Scholars award if the student meets the general 1413 eligibility requirements for the Florida Bright Futures 1414 Scholarship Program and the student: 1415 (e) Beginning with high school students graduating in the 1416 2011-2012 academic year and thereafter, completes a program of 1417 community service work approved by the district school board or 1418 the administrators of a nonpublic school, which shall include a 1419 minimum of 30 hours of service work, and identifies a social 1420 problem that interests him or her, develops a plan for his or 1421 her personal involvement in addressing the problem, and, through 1422 papers or other presentations, evaluates and reflects upon his 1423 or her experience. 1424 Section 21. Subsection (4) is added to section 1009.55, 1425 Florida Statutes, to read: 1426 1009.55 Rosewood Family Scholarship Program.— 1427 (4) Funding for the program shall be as provided in the 1428 General Appropriations Act. 1429 Section 22. Subsection (7) is added to section 1009.56, 1430 Florida Statutes, to read: 1431 1009.56 Seminole and Miccosukee Indian Scholarships.— 1432 (7) Funding for the program shall be as provided in the 1433 General Appropriations Act. 1434 Section 23. Subsection (3) is added to section 1009.57, 1435 Florida Statutes, to read: 1436 1009.57 Florida Teacher Scholarship and Forgivable Loan 1437 Program.— 1438 (3) Funding for the program shall be as provided in the 1439 General Appropriations Act. 1440 Section 24. Subsection (7) is added to section 1009.60, 1441 Florida Statutes, to read: 1442 1009.60 Minority teacher education scholars program.—There 1443 is created the minority teacher education scholars program, 1444 which is a collaborative performance-based scholarship program 1445 for African-American, Hispanic-American, Asian-American, and 1446 Native American students. The participants in the program 1447 include Florida’s community colleges and its public and private 1448 universities that have teacher education programs. 1449 (7) Funding for the program shall be as provided in the 1450 General Appropriations Act. 1451 Section 25. Subsection (8) is added to section 1009.68, 1452 Florida Statutes, to read: 1453 1009.68 Florida Minority Medical Education Program.— 1454 (8) Funding for the program shall be as provided in the 1455 General Appropriations Act. 1456 Section 26. Subsection (5) is added to section 1009.69, 1457 Florida Statutes, to read: 1458 1009.69 Virgil Hawkins Fellows Assistance Program.— 1459 (5) Funding for the program shall be as provided in the 1460 General Appropriations Act. 1461 Section 27. Subsections (5) and (6) of section 1009.701, 1462 Florida Statutes, are amended to read: 1463 1009.701 First Generation Matching Grant Program.— 1464 (5) In order to be eligible to receive a grant pursuant to 1465 this section, an applicant must: 1466 (a) Be a resident for tuition purposes pursuant to s. 1467 1009.21. 1468 (b) Be a first-generation college student. For the purposes 1469 of this section, a student is considered “first generation” if 1470 neither of the student’s parents, as defined in s. 1009.21(1), 1471 earned a college degree at the baccalaureate level or higher or, 1472 in the case of any individual who regularly resided with and 1473 received support from only one parent, if that parent did not 1474 earn a baccalaureate degree. 1475 (c) Be accepted at a state university. 1476 (d) Be enrolled for a minimum of six credit hours per term 1477 as a degree-seeking undergraduate student. 1478 (e) Have submitted a Free Application for Federal Student 1479 Aid which is complete and error free prior to disbursement and 1480 met the eligibility requirements in s. 1009.50 for demonstrated 1481 financial need for the Florida Public Student Assistance Grant 1482 Program. 1483 (f) Meet additional eligibility requirements as established 1484 by the institution. 1485 (6) The award amount shall be based on the student’s need 1486 assessment after any scholarship or grant aid, including, but 1487 not limited to, a Pell Grant or a Bright Futures Scholarship, 1488 has been applied. The first priority of funding shall be given 1489 to students who demonstrate need by qualifying and receiving 1490 federal Pell Grant funds up to the full cost of tuition and fees 1491 per term. An award may not exceed the institution’s estimated 1492 annual cost of attendance for the student to attend the 1493 institution. 1494 Section 28. Subsection (11) is added to section 1009.73, 1495 Florida Statutes, to read: 1496 1009.73 Mary McLeod Bethune Scholarship Program.— 1497 (11) Funding for the program shall be as provided in the 1498 General Appropriations Act. 1499 Section 29. Subsection (4) is added to section 1009.74, 1500 Florida Statutes, to read: 1501 1009.74 The Theodore R. and Vivian M. Johnson Scholarship 1502 Program.— 1503 (4) Funding for the program shall be as provided in the 1504 General Appropriations Act. 1505 Section 30. Paragraph (c) of subsection (8) of section 1506 1009.77, Florida Statutes, is amended, and subsection (11) is 1507 added to that section, to read: 1508 1009.77 Florida Work Experience Program.— 1509 (8) A student is eligible to participate in the Florida 1510 Work Experience Program if the student: 1511 (c) Submits a Free Application for Federal Student Aid 1512 which is complete and error free prior to disbursement and 1513 demonstrates financial need, with the first priority of funding 1514 given to students who demonstrate need by qualifying and 1515 receiving federal Pell Grant funds up to the full cost of 1516 tuition and fees per term. 1517 (11) Funding for the program shall be as provided in the 1518 General Appropriations Act. 1519 Section 31. Subsection (4) and paragraph (a) of subsection 1520 (5) of section 1009.89, Florida Statutes, are amended to read: 1521 1009.89 The William L. Boyd, IV, Florida resident access 1522 grants.— 1523 (4) A person is eligible to receive such William L. Boyd, 1524 IV, Florida resident access grant if: 1525 (a) He or she meets the general requirements, including 1526 residency, for student eligibility as provided in s. 1009.40, 1527 except as otherwise provided in this section;and1528 (b)1. He or she is enrolled as a full-time undergraduate 1529 student at an eligible college or university; 1530 2. He or she is not enrolled in a program of study leading 1531 to a degree in theology or divinity; and 1532 3. He or she is making satisfactory academic progress as 1533 defined by the college or university in which he or she is 1534 enrolled; and.1535 (c) He or she submits a Free Application for Federal 1536 Student Aid which is complete and error free prior to 1537 disbursement. 1538 (5)(a) Funding for the William L. Boyd, IV, Florida 1539 Resident Access Grant Program for eligible institutions shall be 1540 as provided in the General Appropriations Actbased on a formula1541composed of planned enrollment and the state cost of funding1542undergraduate enrollment at public institutions pursuant to s.15431011.90.The amount of the William L. Boyd, IV, Florida resident1544access grant issued to a full-time student shall be an amount as1545specified in the General Appropriations Act.The William L. 1546 Boyd, IV, Florida resident access grant may be paid on a 1547 prorated basis in advance of the registration period. The 1548 department shall make such payments to the college or university 1549 in which the student is enrolled for credit to the student’s 1550 account for payment of tuition and fees. Institutions shall 1551 certify to the department the amount of funds disbursed to each 1552 student and shall remit to the department any undisbursed 1553 advances or refunds within 60 days of the end of regular 1554 registration. A student isStudents shallnotbeeligible to 1555 receive the award for more than 9 semesters or 14 quarters, 1556 except as otherwise provided in s. 1009.40(3). 1557 Section 32. Subsections (4) and (7) of section 1009.891, 1558 Florida Statutes are amended to read: 1559 1009.891 The Access to Better Learning and Education Grant 1560 Program.— 1561 (4) A person is eligible to receive an access grant if: 1562 (a) He or she meets the general requirements, including 1563 residency, for student eligibility as provided in s. 1009.40, 1564 except as otherwise provided in this section;and1565 (b)1. He or she is enrolled as a full-time undergraduate 1566 student at an eligible college or university in a program of 1567 study leading to a baccalaureate degree; 1568 2. He or she is not enrolled in a program of study leading 1569 to a degree in theology or divinity; and 1570 3. He or she is making satisfactory academic progress as 1571 defined by the college or university in which he or she is 1572 enrolled; and.1573 (c) He or she submits a Free Application for Federal 1574 Student Aid which is complete and error free prior to 1575 disbursement. 1576 (7) Funding for the program shall be as provided in the 1577 General Appropriations Act.This section shall be implemented1578only to the extent specifically funded and authorized by law.1579 Section 33. Subsection (13) is added to section 1011.32, 1580 Florida Statutes, to read: 1581 1011.32 Community College Facility Enhancement Challenge 1582 Grant Program.— 1583 (13) Effective July 1, 2011, state matching funds are 1584 temporarily suspended for donations received for the program on 1585 or after June 30, 2011. Existing eligible donations remain 1586 eligible for future matching funds. The program may be restarted 1587 after $200 million of the backlog for programs under ss. 1588 1011.32, 1011.85, 1011.94, and 1013.79 have been matched. 1589 Section 34. Paragraph (c) of subsection (1) of section 1590 1011.61, Florida Statutes, is amended to read: 1591 1011.61 Definitions.—Notwithstanding the provisions of s. 1592 1000.21, the following terms are defined as follows for the 1593 purposes of the Florida Education Finance Program: 1594 (1) A “full-time equivalent student” in each program of the 1595 district is defined in terms of full-time students and part-time 1596 students as follows: 1597 (c)1. A “full-time equivalent student” is: 1598 a. A full-time student in any one of the programs listed in 1599 s. 1011.62(1)(c); or 1600 b. A combination of full-time or part-time students in any 1601 one of the programs listed in s. 1011.62(1)(c) which is the 1602 equivalent of one full-time student based on the following 1603 calculations: 1604 (I) A full-time student, except a postsecondary or adult1605student or a senior high school student enrolled in adult1606education when such courses are required for high school1607graduation,in a combination of programs listed in s. 1608 1011.62(1)(c) shall be a fraction of a full-time equivalent 1609 membership in each special program equal to the number of net 1610 hours per school year for which he or she is a member, divided 1611 by the appropriate number of hours set forth in subparagraph 1612 (a)1. or subparagraph (a)2. The difference between that fraction 1613 or sum of fractions and the maximum value as set forth in 1614 subsection (4) for each full-time student is presumed to be the 1615 balance of the student’s time not spent in such special 1616 education programs and shall be recorded as time in the 1617 appropriate basic program. 1618 (II) A prekindergarten handicapped student shall meet the 1619 requirements specified for kindergarten students. 1620 (III) A full-time equivalent student for students in 1621 kindergarten through grade 5 in a school district virtual 1622 instruction program under s. 1002.45 shall consist of a student 1623 who has successfully completed a basic program listed in s. 1624 1011.62(1)(c)1.a. or b., and who is promoted to a higher grade 1625 level. 1626 (IV) A full-time equivalent student for students in grades 1627 6 through 12 in a school district virtual instruction program 1628 under s. 1002.45(1)(b)1. and 2. shall consist of six full credit 1629 completions in programs listed in s. 1011.62(1)(c)1.b. or c. and 1630 3. Credit completions can be a combination of either full 1631 credits or half credits. 1632 (V) A Florida Virtual School full-time equivalent student 1633 shall consist of six full credit completions in the programs 1634 listed in s. 1011.62(1)(c)1.b. for grades 6 through 8 and the 1635 programs listed in s. 1011.62(1)(c)1.c. for grades 9 through 12. 1636 Credit completions can be a combination of either full credits 1637 or half credits. 1638 (VI) Each successfully completed credit earned under the 1639 alternative high school course credit requirements authorized in 1640 s. 1002.375, which is not reported as a portion of the 900 net 1641 hours of instruction pursuant to subparagraph (1)(a)1., shall be 1642 calculated as 1/6 FTE. 1643 2. A student in membership in a program scheduled for more 1644 or less than 180 school days or the equivalent on an hourly 1645 basis as specified by rules of the State Board of Education is a 1646 fraction of a full-time equivalent membership equal to the 1647 number of instructional hours in membership divided by the 1648 appropriate number of hours set forth in subparagraph (a)1.; 1649 however, for the purposes of this subparagraph, membership in 1650 programs scheduled for more than 180 days is limited to students 1651 enrolled in juvenile justice education programs and the Florida 1652 Virtual School. 1653 1654 The department shall determine and implement an equitable method 1655 of equivalent funding for experimental schools and for schools 1656 operating under emergency conditions, which schools have been 1657 approved by the department to operate for less than the minimum 1658 school day. 1659 Section 35. Subsections (6), (7), and (10) of section 1660 1011.80, Florida Statutes, are amended to read: 1661 1011.80 Funds for operation of workforce education 1662 programs.— 1663 (6)(a) A school district or a community college that 1664 provides workforce education programs shall receive funds in 1665 accordance with distributions for base and performance funding 1666 established by the Legislature in the General Appropriations 1667 Act. To ensure equitable funding for all school district 1668 workforce education programs and to recognize enrollment growth, 1669 the Department of Education shall use the funding model 1670 developed by the District Workforce Education Funding Steering 1671 Committee to determine each district’s workforce education 1672 funding needs. To assist the Legislature in allocating workforce 1673 education funds in the General Appropriations Act, the funding 1674 model shall annually be provided to the legislative 1675 appropriations committees no later than March 1.If the General1676Appropriations Act does not provide for the distribution of1677funds, the following methodology shall apply:16781. Base funding shall be allocated based on weighted1679enrollment and shall not exceed 90 percent of the allocation.1680The Department of Education shall develop a funding process for1681school district workforce education programs that is comparable1682with community college workforce programs.16832. Performance funding shall be at least 10 percent of the1684allocation, based on the previous fiscal year’s achievement of1685output and outcomes in accordance with formulas adopted pursuant1686to subsection (10). Performance funding must incorporate1687payments for at least three levels of placements that reflect1688wages and workforce demand. Payments for completions must not1689exceed 60 percent of the payments for placement. School1690districts and community colleges shall be awarded funds pursuant1691to this paragraph based on performance output data and1692performance outcome data available in that year.1693 (b) A program is established to assist school districts and 1694 community colleges in responding to the needs of new and 1695 expanding businesses and thereby strengthening the state’s 1696 workforce and economy. The program may be funded in the General 1697 Appropriations Act.A school district or community college may1698expend funds under the program without regard to performance1699criteria set forth in subparagraph (a)2.The district or 1700 community college shall use the program to provide customized 1701 training for businesses which satisfies the requirements of s. 1702 288.047. Business firms whose employees receive the customized 1703 training must provide 50 percent of the cost of the training. 1704 Balances remaining in the program at the end of the fiscal year 1705 shall not revert to the general fund, but shall be carried over 1706 for 1 additional year and used for the purpose of serving 1707 incumbent worker training needs of area businesses with fewer 1708 than 100 employees. Priority shall be given to businesses that 1709 must increase or upgrade their use of technology to remain 1710 competitive. 1711 (7)(a) A school district or community college that receives 1712 workforce education funds must use the money to benefit the 1713 workforce education programs it provides. The money may be used 1714 for equipment upgrades, program expansions, or any other use 1715 that would result in workforce education program improvement. 1716 The district school board or community college board of trustees 1717 may not withhold any portion of the performance funding for 1718 indirect costs. 1719 (b) State funds provided for the operation of postsecondary 1720 workforce programs may not be expended for the education of 1721 state or federal inmates. 1722 (10) A high school student dually enrolled under s. 1723 1007.271 in a workforce education program operated by a 1724 community college or school district career center generates the 1725 amount calculated for workforce education funding, including any 1726 payment of performance funding, and the proportional share of 1727 full-time equivalent enrollment generated through the Florida 1728 Education Finance Program for the student’s enrollment in a high 1729 school. If a high school student is dually enrolled in a 1730 community college program, including a program conducted at a 1731 high school, the community college earns the funds generated for 1732 workforce education funding, and the school district earns the 1733 proportional share of full-time equivalent funding from the 1734 Florida Education Finance Program. If a student is dually 1735 enrolled in a career center operated by the same district as the 1736 district in which the student attends high school, that district 1737 earns the funds generated for workforce education funding and 1738 also earns the proportional share of full-time equivalent 1739 funding from the Florida Education Finance Program. If a student 1740 is dually enrolled in a workforce education program provided by 1741 a career center operated by a different school district, the 1742 funds must be divided between the two school districts 1743 proportionally from the two funding sources. A student may not 1744 be reported for funding in a dual enrollment workforce education 1745 program unless the student has completed the basic skills 1746 assessment pursuant to s. 1004.91. A student who is coenrolled 1747 in a K-12 education program and an adult education program may 1748 not be reported for purposes of funding in an adult education 1749 program, except that for the 2011-2012 fiscal year only, 1750 students who are coenrolled in core curricula courses for credit 1751 recovery or dropout prevention purposes may be reported for 1752 funding for up to two courses per student. Such students are 1753 exempt from the payment of the block tuition for adult general 1754 education programs provided in s. 1009.22(3)(c). 1755 Section 36. Subsection (3) is added to section 1011.81, 1756 Florida Statutes, to read: 1757 1011.81 Community College Program Fund.— 1758 (3) State funds provided for the Community College Program 1759 Fund may not be expended for the education of state or federal 1760 inmates. 1761 Section 37. Subsection (2) of section 1011.85, Florida 1762 Statutes, is amended, and subsection (13) is added to that 1763 section, to read: 1764 1011.85 Dr. Philip Benjamin Matching Grant Program for 1765 Community Colleges.— 1766 (2) Each community college board of trustees receiving 1767 state appropriations under this program shall approve each gift 1768 to ensure alignment with the unique mission of the community 1769 college. The board of trustees must link all requests for a 1770 state match to the goals and mission statement. The Florida 1771 Community College Foundation Board receiving state 1772 appropriations under this program shall approve each gift to 1773 ensure alignment with its goals and mission statement. Funds 1774 received from community events and festivals are not eligible 1775 for state matching funds under this program. 1776 (13) Effective July 1, 2011, state matching funds are 1777 temporarily suspended for donations received for this program on 1778 or after June 30, 2011. Existing eligible donations remain 1779 eligible for future matching funds. The program may be restarted 1780 after $200 million of the backlog for programs under ss. 1781 1011.32, 1011.85, 1011.94, and 1013.79 have been matched. 1782 Section 38. Subsection (8) is added to section 1011.94, 1783 Florida Statutes, to read: 1784 1011.94 University Major Gifts Program.— 1785 (8) Effective July 1, 2011, state matching funds are 1786 temporarily suspended for donations received for this program on 1787 or after June 30, 2011. Existing eligible donations remain 1788 eligible for future matching funds. The program may be restarted 1789 after $200 million of the backlog for programs under ss. 1790 1011.32, 1011.85, 1011.94, and 1013.79 have been matched. 1791 Section 39. Subsection (4) is added to section 1012.885, 1792 Florida Statutes, to read: 1793 1012.885 Remuneration of community college presidents; 1794 limitations.— 1795 (4) LIMITATION ON REMUNERATION.—Notwithstanding the 1796 provisions of this section, for the 2011-2012 fiscal year, a 1797 Florida College System institution president may not receive 1798 more than $200,000 in remuneration from appropriated state 1799 funds. Only compensation, as defined in s. 121.021(22), provided 1800 to a Florida College System institution president may be used in 1801 calculating benefits under chapter 121. 1802 Section 40. Section 1012.886, Florida Statutes, is created 1803 to read: 1804 1012.886 Remuneration of Florida College System institution 1805 administrative employees; limitations.— 1806 (1) DEFINITIONS.—As used in this section, the term: 1807 (a) “Appropriated state funds” means funds appropriated 1808 from the General Revenue Fund or funds appropriated from state 1809 trust funds. 1810 (b) “Cash-equivalent compensation” means any benefit that 1811 may be assigned an equivalent cash value. 1812 (c) “Remuneration” means salary, bonuses, and cash 1813 equivalent compensation paid to a Florida College System 1814 institution administrative employee by his or her employer for 1815 work performed, excluding health insurance benefits and 1816 retirement benefits. 1817 (2) LIMITATION ON COMPENSATION.—Notwithstanding any other 1818 law, resolution, or rule to the contrary, a Florida College 1819 System institution administrative employee may not receive more 1820 than $200,000 in remuneration annually from appropriated state 1821 funds. Only compensation, as such term is defined in s. 1822 121.021(22), provided to a Florida College System institution 1823 administrative employee may be used in calculating benefits 1824 under chapter 121. 1825 (3) EXCEPTIONS.—This section does not prohibit any party 1826 from providing cash or cash-equivalent compensation from funds 1827 that are not appropriated state funds to a Florida College 1828 System institution administrative employee in excess of the 1829 limit in subsection (2). If a party is unable or unwilling to 1830 fulfill an obligation to provide cash or cash-equivalent 1831 compensation to a Florida College System institution 1832 administrative employee as permitted under this subsection, 1833 appropriated state funds may not be used to fulfill such 1834 obligation. This section does not apply to Florida College 1835 System institution teaching faculty. 1836 (4) EXPIRATION.—This section expires June 30, 2012. 1837 Section 41. Subsection (4) is added to section 1012.975, 1838 Florida Statutes, to read: 1839 1012.975 Remuneration of state university presidents; 1840 limitations.— 1841 (4) LIMITATION ON REMUNERATION.—Notwithstanding the 1842 provisions of this section, for the 2011-2012 fiscal year, a 1843 state university president may not receive more than $200,000 in 1844 remuneration from public funds. Only compensation, as defined in 1845 s. 121.021(22), provided to a state university president may be 1846 used in calculating benefits under chapter 121. 1847 Section 42. Section 1012.976, Florida Statutes, is created 1848 to read: 1849 1012.976 Remuneration of state university administrative 1850 employees; limitations.— 1851 (1) DEFINITIONS.—As used in this section, the term: 1852 (a) “Appropriated state funds” means funds appropriated 1853 from the General Revenue Fund or funds appropriated from state 1854 trust funds. 1855 (b) “Cash-equivalent compensation” means any benefit that 1856 may be assigned an equivalent cash value. 1857 (c) “Remuneration” means salary, bonuses, and cash 1858 equivalent compensation paid to a state university 1859 administrative employee by his or her employer for work 1860 performed, excluding health insurance benefits and retirement 1861 benefits. 1862 (2) LIMITATION ON COMPENSATION.—Notwithstanding any other 1863 law, resolution, or rule to the contrary, a state university 1864 administrative employee may not receive more than $200,000 in 1865 remuneration annually from appropriated state funds. Only 1866 compensation, as such term is defined in s. 121.021(22), 1867 provided to a state university administrative employee may be 1868 used in calculating benefits under chapter 121. 1869 (3) EXCEPTIONS.—This section does not prohibit any party 1870 from providing cash or cash-equivalent compensation from funds 1871 that are not appropriated state funds to a state university 1872 administrative employee in excess of the limit in subsection 1873 (2). If a party is unable or unwilling to fulfill an obligation 1874 to provide cash or cash-equivalent compensation to a state 1875 university administrative employee as permitted under this 1876 subsection, appropriated state funds may not be used to fulfill 1877 such obligation. This section does not apply to university 1878 teaching faculty or medical school faculty or staff. 1879 (4) EXPIRATION.—This section expires June 30, 2012. 1880 Section 43. Subsection (12) of section 1013.33, Florida 1881 Statutes, is amended to read: 1882 1013.33 Coordination of planning with local governing 1883 bodies.— 1884 (12) As early in the design phase as feasible and 1885 consistent with an interlocal agreement entered pursuant to 1886 subsections (2)-(8), but no later than 90 days before commencing 1887 construction, the district school board shall in writing request 1888 a determination of consistency with the local government’s 1889 comprehensive plan. The local governing body that regulates the 1890 use of land shall determine, in writing within 45 days after 1891 receiving the necessary information and a school board’s request 1892 for a determination, whether a proposed educational facility is 1893 consistent with the local comprehensive plan and consistent with 1894 local land development regulations. If the determination is 1895 affirmative, school construction may commence and further local 1896 government approvals are not required, except as provided in 1897 this section. Failure of the local governing body to make a 1898 determination in writing within 90 days after a district school 1899 board’s request for a determination of consistency shall be 1900 considered an approval of the district school board’s 1901 application. Campus master plans and development agreements must 1902 comply with the provisions of s.ss.1013.30and1013.63. 1903 Section 44. Section 1013.63, Florida Statutes, is repealed. 1904 Section 45. Subsection (12) is added to section 1013.79, 1905 Florida Statutes, to read: 1906 1013.79 University Facility Enhancement Challenge Grant 1907 Program.— 1908 (12) Effective July 1, 2011, state matching funds are 1909 temporarily suspended for donations received for this program on 1910 or after June 30, 2011. Existing eligible donations remain 1911 eligible for future matching funds. The program may be restarted 1912 after $200 million of the backlog for programs under ss. 1913 1011.32, 1011.85, 1011.94, and 1013.79 have been matched. 1914 Section 46. Section 1013.737, Florida Statutes, is amended 1915 to read: 1916 1013.737 The Class Size Reduction and Educational 1917 Facilities Lottery Revenue Bond Program.—There is established 1918 the Class Size Reduction and Educational Facilities Lottery 1919 Revenue Bond Program. 1920 (1) The issuance of revenue bonds is authorized to finance 1921 or refinance the construction, acquisition, reconstruction, or 1922 renovation of educational facilities. Such bonds shall be issued 1923 pursuant to and in compliance with the provisions of s. 11(d), 1924 Art. VII of the State Constitution, the provisions of the State 1925 Bond Act, ss. 215.57-215.83, as amended, and the provisions of 1926 this section. 1927 (2) The bonds are payable from, and secured by a first lien 1928 on, the first lottery revenues transferred to the Educational 1929 Enhancement Trust Fund each fiscal year, as provided by s. 1930 24.121(2), and do not constitute a general obligation of, or a 1931 pledge of the full faith and credit of, the state. 1932 (3) The state hereby covenants with the holders of such 1933 revenue bonds that it will not take any action that will 1934 materially and adversely affect the rights of such holders so 1935 long as bonds authorized by this section are outstanding. The 1936 state does hereby additionally authorize the establishment of a 1937 covenant in connection with the bonds which provides that any 1938 additional funds received by the state from new or enhanced 1939 lottery programs; video gaming; banking card games, including 1940 baccarat, chemin de fer, or blackjack; electronic or 1941 electromechanical facsimiles of any game of chance; casino 1942 games; slot machines; or other similar activities will first be 1943 available for payments relating to bonds pledging revenues 1944 available pursuant to s. 24.121(2), prior to use for any other 1945 purpose. 1946 (4) The bonds shall be issued by the Division of Bond 1947 Finance of the State Board of Administration on behalf of the 1948 Department of Education in such amount as shall be requested by 1949 resolution of the State Board of Education. However, the total 1950 principal amount of bonds, excluding refunding bonds, issued 1951 pursuant to this section shall not exceed amounts specifically 1952 authorized in the General Appropriations Act. 1953 (5) Proceeds available from the sale of the bonds shall be 1954 deposited in the Lottery Capital Outlay and Debt Service Trust 1955 Fund within the Department of Education. 1956 (6) The facilities to be financed with the proceeds of such 1957 bonds are designated as state fixed capital outlay projects for 1958 purposes of s. 11(d), Art. VII of the State Constitution, and 1959 the specific facilities to be financed shall be determined in 1960 accordance with state law and appropriations from the 1961 Educational Enhancement Trust Fund. Projects shall be funded 1962 from the Lottery Capital Outlay and Debt Service Trust Fund. 1963 Each educational facility to be financed with the proceeds of 1964 the bonds issued pursuant to this section is hereby approved as 1965 required by s. 11(f), Art. VII of the State Constitution. 1966 (7) Any complaint for validation of such bonds is required 1967 to be filed only in the circuit court of the county where the 1968 seat of state government is situated. The notice required to be 1969 published by s. 75.06 is required to be published only in the 1970 county where the complaint is filed, and the complaint and order 1971 of the circuit court need be served only on the state attorney 1972 of the circuit in which the action is pending. 1973 (8) The Commissioner of Education shall provide for timely 1974 encumbrances of funds for duly authorized projects. Encumbrances 1975 may include proceeds to be received under a resolution approved 1976 by the State Board of Education authorizing issuance of class 1977 size reduction lottery bonds or educational facilities bonds 1978 pursuant to s. 11(d), Art. VII of the State Constitution, this 1979 section, and other applicable law. 1980 Section 47. The Department of Education shall work with the 1981 College Center for Library Automation (CCLA) to transfer the K 1982 12 public school bibliographic database in standard library data 1983 format to the CCLA for inclusion in its online discovery tool 1984 product and make it publicly searchable by school district 1985 students, staff, and parents no later than September 1, 2011. 1986 The department shall also develop an ongoing process to provide 1987 for the electronic updating of school district library holdings 1988 data to the CCLA in a manner that will ensure that the public 1989 school bibliographic database and searchable catalog is current. 1990 Section 48. By January 1, 2012, the Chancellors of the 1991 State University System and the Florida College System shall 1992 submit a plan to the Executive Office of the Governor and to the 1993 legislative appropriations committees for establishing a joint 1994 library organization to address the needs of academic libraries 1995 in the State University System and the Florida College System 1996 that replaces the Florida Center for Library Automation and the 1997 College Center for Library Automation. The plan must include, 1998 but need not be limited to, the following components: 1999 (1) A proposed governance and reporting structure for the 2000 joint library organization. 2001 (2) Recommended staffing for the joint library 2002 organization, which includes roles and responsibilities. 2003 (3) A recommended process and schedule for the acquisition 2004 of a next generation library management system and its 2005 associated services which includes a discovery tool provided by 2006 the joint library organization. The library management system 2007 will replace the current systems and services provided by the 2008 Florida Center for Library Automation and the College Center for 2009 Library Automation. The process for acquiring the next 2010 generation library management system must involve the 2011 identification of the functional requirements necessary to meet 2012 the needs of the postsecondary education library users and be 2013 scalable in order to meet any additional library user needs that 2014 are identified as being necessary and in the best interest of 2015 the state. 2016 (4) A proposed schedule for consolidating the computing and 2017 data center resources and equipment provided by the Florida 2018 Center for Library Automation and the College Center for Library 2019 Automation to a statutorily established or designated primary 2020 data center no later than December 1, 2012, or for 2021 decommissioning the computing and data center resources and 2022 equipment that are no longer required by the joint library 2023 organization and are currently located at and managed by the 2024 Florida Center for Library Automation and the College Center for 2025 Library Automation. 2026 (5) A proposed operational budget for the joint library 2027 organization which is more cost-effective than separately 2028 funding both the Florida Center for Library Automation and the 2029 College Center for Library Automation. 2030 (6) Proposed substantive and fiscal policy changes needed 2031 to implement the joint library organization. 2032 (7) A timeline and implementation strategies for 2033 establishing the joint library organization. 2034 Section 49. Notwithstanding any section of law to the 2035 contrary, for the fiscal 2011-2012 year only, a university board 2036 of trustees is authorized to expend reserve or carry-forward 2037 balances from prior year operational and programmatic 2038 appropriations on legislatively approved fixed capital outlay 2039 projects authorized for the establishment of a new campus. 2040 Section 50. The Florida College System Council of 2041 Presidents shall develop and recommend an equitable funding 2042 formula for the distribution of Public Educational Capital 2043 Outlay funds to the Florida College System institutions. The 2044 Florida College System Council of Presidents shall submit a 2045 report, with recommendations, to the State Board of Education, 2046 the Governor, the President of the Senate, and the Speaker of 2047 the House of Representatives by December 31, 2011, which 2048 specifically includes a proposed funding formula that provides 2049 for the equitable distribution of Public Educational Capital 2050 Outlay funds to Florida College System institutions for 2051 consideration by the Legislature for implementation in the 2012 2052 2013 fiscal year. 2053 Section 51. This act shall take effect July 1, 2011.