Bill Text: FL S2150 | 2011 | Regular Session | Enrolled


Bill Title: Postsecondary Education Funding

Spectrum: Partisan Bill (? 1-0)

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) “Qualified Rehabilitation provider” means a
  321  rehabilitation nurse, rehabilitation counselor, or vocational
  322  evaluator providing, rehabilitation facility, or agency approved
  323  by the Department of Education as qualified to provide
  324  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 Nurses chapter.
  341         (e) “Reemployment assessment” means a written assessment
  342  performed by a qualified rehabilitation 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 section to implement a
  371  systematic review by carriers of the factors that are predictive
  372  of longer-term disability and to 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 authorize only a qualified
  406  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 the
  409  department within 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 a qualified
  424  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. For
  443  the purpose of monitoring reemployment, the carrier or the
  444  rehabilitation provider shall report to the department, in the
  445  manner prescribed by the department, the date of reemployment
  446  and wages of the employee. The carrier shall report its
  447  voluntary service activity to the department as required by
  448  rule. 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
  455  qualified rehabilitation 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, pertinent
  471  reemployment status reviews or reports, and such other relevant
  472  factors 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
  523  department shall adopt rules to implement this section, which
  524  shall include requirements placed upon the carrier shall to
  525  notify the injured employee of the availability of training and
  526  education benefits as specified in this chapter. The Department
  527  of Financial Services shall also include 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 a
  532  directory of each qualified public and private rehabilitation
  533  provider, facility, and agency, and shall establish by rule the
  534  minimum qualifications, credentials, and requirements that each
  535  rehabilitation service provider, facility, and agency must
  536  satisfy to be eligible for listing in the directory. These
  537  minimum qualifications and credentials must be based on those
  538  generally accepted within the service specialty for which the
  539  provider, facility, or agency is approved.
  540         (b) The department shall impose a biennial application fee
  541  of $25 for each listing in the directory, and all such fees must
  542  be deposited in the Workers’ Compensation Administration Trust
  543  Fund.
  544         (c) The department shall monitor and evaluate each
  545  rehabilitation service provider, facility, and agency qualified
  546  under this subsection to ensure its compliance with the minimum
  547  qualifications and credentials established by the department.
  548  The failure of a qualified rehabilitation service provider,
  549  facility, or agency to provide the department with information
  550  requested or access necessary for the department to satisfy its
  551  responsibilities under this subsection is grounds for
  552  disqualifying the provider, facility, or agency from further
  553  referrals.
  554         (d) A qualified rehabilitation service provider, facility,
  555  or agency may not be authorized by an employer, a carrier, or
  556  the department to provide any services, including expert
  557  testimony, under this section in this state unless the provider,
  558  facility, or agency is listed or has been approved for listing
  559  in the directory. This restriction does not apply to services
  560  provided outside this state under this section.
  561         (e) The department, after consultation with representatives
  562  of employees, employers, carriers, rehabilitation providers, and
  563  qualified training and education providers, shall adopt rules
  564  governing professional practices and standards.
  565         (8) CARRIER PRACTICES.— The department shall monitor the
  566  selection of providers and the provision of services by carriers
  567  under this section for consistency with legislative intent set
  568  forth 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
  612  Develop, in consultation with the Florida College System and the
  613  State University System, a plan to be submitted to the Board of
  614  Governors, the State Board of Education, the Governor, the
  615  President of the Senate, and the Speaker of the House of
  616  Representatives no later than December 1, 2010, for implementing
  617  a streamlined, automated, online registration process for
  618  transient students who are undergraduate students currently
  619  enrolled and pursuing a degree at who have been admitted to a
  620  public postsecondary educational institution and who choose wish
  621  to enroll in a course listed in the Florida Higher Education
  622  Distance Learning Catalog which, including courses offered by an
  623  institution that is offered by a public postsecondary
  624  educational institution that is not the student’s degree
  625  granting or home institution. 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 describe
  629  how such a registration process can be implemented by the 2011
  630  2012 academic year as an alternative to the standard
  631  registration process of each institution. The plan must also
  632  address:
  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.
  648         1. Fiscal and substantive policy changes needed to address
  649  administrative, academic, and programmatic policies and
  650  procedures. Policy areas that the plan must address include, but
  651  need not be limited to, student financial aid issues, variations
  652  in fees, admission and readmission, registration-prioritization
  653  issues, transfer of credit, and graduation requirements, with
  654  specific attention given to creating recommended guidelines that
  655  address students who attend more than one institution in pursuit
  656  of a degree.
  657         2. A method for the expedited transfer of distance learning
  658  course credit awarded by an institution offering a distance
  659  learning course to a student’s degree-granting or home
  660  institution upon the student’s successful completion of the
  661  distance learning course.
  662         3. Compliance with applicable technology security standards
  663  and guidelines to ensure the secure transmission of student
  664  information.
  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 users faculty to search, locate, and
  674  use, and contribute digital and electronic instructional
  675  resources and content, including open access textbooks. In the
  676  development of the a repository, the consortium shall identify
  677  and seek partnerships with similar national, state, and regional
  678  repositories for the purpose of sharing instructional content.
  679  The consortium shall collaborate with the public postsecondary
  680  educational institutions to ensure that the repository:
  681         a. Is accessible by the Integrates with multiple learning
  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 to Develop, in consultation with the chancellors
  691  of the Florida College System and the State University System,
  692  recommendations a plan for promoting and increasing the use of
  693  open access textbooks as a method for reducing textbook costs.
  694  The recommendations plan shall be submitted to the Board of
  695  Governors, the State Board of Education, the Office of Policy
  696  and Budget in the Executive Office of the Governor, the chair of
  697  the Senate Policy and Steering Committee on Ways and Means, and
  698  the chair of the House Full Appropriations Council on Education
  699  & Economic Development no later than March 1, 2010, and shall
  700  include:
  701         a. An inventory of existing open access textbooks.
  702         a.b.The A listing of undergraduate 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.
  707         d. Recommendations for encouraging and promoting faculty
  708  development and use of open access textbooks.
  709         e. Identification of barriers to the implementation of open
  710  access 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.
  715         g. Identification of the necessary technology security
  716  standards and guidelines to safeguard the use of open access
  717  textbooks.
  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  programs certificate 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). Effective
  895  January 1, 2008, standard tuition shall be $1.67 per contact
  896  hour for programs leading to a career certificate or an applied
  897  technology diploma and 83 cents for adult general education
  898  programs. The out-of-state fee per contact hour shall be three
  899  times 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, or equipping 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, or remodeling 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, 2011 January 1, 2008, for advanced
  988  and professional, postsecondary vocational, college preparatory,
  989  and educator preparation institute programs, the following
  990  tuition and fee rates shall apply:
  991         1. 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 who
  994  are residents for tuition purposes.
  995         2. The standard tuition shall be $51.35 per credit hour and
  996  the out-of-state fee shall be $154.14 per credit hour for
  997  students who are nonresidents for tuition purposes.
  998         (b) Effective July 1, 2011 January 1, 2008, for
  999  baccalaureate degree programs, the following tuition and fee
 1000  rates shall apply:
 1001         1. The tuition shall be $87.42 $65.47 per 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) must for athletes shall be
 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 that which are 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 requires shall require a
 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, or equipping 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, or remodeling 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 $77.39 per 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 requirement
 1150  for the payment of tuition and fees, including lab fees, for
 1151  adult basic, adult secondary, or career-preparatory instruction:
 1152         (a) A student who does not have a high school diploma or
 1153  its equivalent.
 1154         (b) A student who has a high school diploma or its
 1155  equivalent and who has academic skills at or below the eighth
 1156  grade level pursuant to state board rule. A student is eligible
 1157  for this exemption from fees if the student’s skills are at or
 1158  below the eighth grade level as measured by a test administered
 1159  in the English language and approved by the Department of
 1160  Education, even if the student has skills above that level when
 1161  tested 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 100 50 percent of the tuition
 1252  rate for each credit hour in excess of 115 120 percent 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 2011-2012 2009-2010 academic 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 51st 50th SAT 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 1170 1050 which corresponds to the 75th 56th SAT percentile
 1290  rank or a concordant ACT score of 26 23 or the student in a home
 1291  education program whose parent cannot document a college
 1292  preparatory curriculum must earn an SAT score of 1220 1100 or a
 1293  concordant ACT score of 27 24.
 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 2010 2009 college-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 must and require the student to identify 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; and
 1528         (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 Act based on a formula
 1541  composed of planned enrollment and the state cost of funding
 1542  undergraduate enrollment at public institutions pursuant to s.
 1543  1011.90. The amount of the William L. Boyd, IV, Florida resident
 1544  access grant issued to a full-time student shall be an amount as
 1545  specified 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 is Students shall not be eligible 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; and
 1565         (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 implemented
 1578  only 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 adult
 1605  student or a senior high school student enrolled in adult
 1606  education when such courses are required for high school
 1607  graduation, 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 General
 1676  Appropriations Act does not provide for the distribution of
 1677  funds, the following methodology shall apply:
 1678         1. Base funding shall be allocated based on weighted
 1679  enrollment and shall not exceed 90 percent of the allocation.
 1680  The Department of Education shall develop a funding process for
 1681  school district workforce education programs that is comparable
 1682  with community college workforce programs.
 1683         2. Performance funding shall be at least 10 percent of the
 1684  allocation, based on the previous fiscal year’s achievement of
 1685  output and outcomes in accordance with formulas adopted pursuant
 1686  to subsection (10). Performance funding must incorporate
 1687  payments for at least three levels of placements that reflect
 1688  wages and workforce demand. Payments for completions must not
 1689  exceed 60 percent of the payments for placement. School
 1690  districts and community colleges shall be awarded funds pursuant
 1691  to this paragraph based on performance output data and
 1692  performance 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 may
 1698  expend funds under the program without regard to performance
 1699  criteria 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. 1013.30 and 1013.63.
 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.

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