SB 4 — Higher Education

1004.33 and 1004.34, F.S., relating to the University of South Florida St.

Petersburg and Sarasota/Manatee, respectively;

creating s.

1004.335, F.S.;

creating the University of South Florida Consolidation Planning Study and Implementation Task Force for certain purposes;

providing for membership and staffing;

requiring a report to the University of South Florida Board of Trustees;

requiring the University of South Florida Board of Trustees to adopt and submit a plan to phase out the separate accreditations of the University of South Florida St.

Petersburg and the University of South Florida Sarasota/Manatee by a specified date;

providing requirements for such plan;

providing that certain students may not be included in specified graduation and retention rate calculations;

creating s.

1004.341, F.S.;

establishing the St.

Petersburg and Sarasota/Manatee campuses of the University of South Florida;

requiring campus boards and regional chancellors;

establishing membership requirements and powers and duties of campus boards;

providing budget and reporting requirements for the University of South Florida Board of Trustees;

requiring faculty and student representation from each campus in the academic and student governance structures of the University of South Florida;

amending s.

1004.344;

requiring the Florida Center for the Partnerships for Arts Integrated Teaching to be located at a certain branch campus;

creating s.

1004.6497, F.S.;

establishing the World Class Faculty and Scholar Program;

providing purpose and intent;

specifying authorized investments and activities;

specifying funding requirements;

requiring an annual report to the Governor and Legislature;

creating s.

1004.6498, F.S.;

establishing the State University Professional and Graduate Degree Excellence Program;

providing purpose;

specifying authorized investments;

specifying funding requirements;

requiring an annual report to the Governor and Legislature;

amending s.

1008.30, F.S.;

authorizing certain state universities to continue to provide developmental education instruction;

amending ss.

1009.22 and 1009.23, F.S.;

removing the prohibition on the inclusion of certain technology fees in the funds for the Florida Bright Futures Scholarship Program award;

amending s.

1009.24, F.S.;

removing the prohibition on the inclusion of a technology fee and a tuition differential fee in the funds for the Florida Bright Futures Scholarship Program award;

specifying transportation access fees authorized for inclusion in state financial assistance awards;

requiring specified notification of tuition or fee changes;

amending s.

1009.53, F.S.;

authorizing students to use certain Florida Bright Futures Scholarship Program awards for summer term enrollment beginning in specified years under certain circumstances;

amending s.

1009.534, F.S.;

authorizing Florida Academic Scholars award amounts to cover tuition, fees, textbooks, and other educational expenses;

amending s.

1009.535, F.S.;

authorizing Florida Medallion Scholars award amounts to cover specified tuition and fees;

amending s.

1009.701, F.S.;

revising the state-to-private match requirement for contributions to the First Generation Matching Grant Program beginning in a specified fiscal year;

extending the program to include Florida College System institution students;

amending s.

1009.893, F.S.;

extending coverage of the Benacquisto Scholarship Program to include tuition and fees for qualified nonresident students;

creating s.

1009.894, F.S.;

creating the Florida Farmworker Student Scholarship Program;

providing purpose;

requiring the Department of Education to administer the scholarship program;

providing student eligibility criteria;

specifying award amounts and distributions;

amending s.

1009.98, F.S.;

providing that certain payments from the Florida Prepaid College Board to a state university on behalf of a qualified beneficiary may not exceed a specified amount;

providing a directive to the Division of Law Revision and Information;

requiring the Board of Governors, in consultation with the state universities, to submit recommendations for a process to achieve a complete performance-based continuous improvement funding model;

requiring the Legislature to review recommendations from an independent entity;

requiring such entity to consult with the Board of Governors;

requiring legislative action before implementation of any recommendations;

providing appropriations;

providing effective dates.

136 Be It Enacted by the Legislature of the State of Florida:

138 Section 1. This act may be cited as the “Florida Excellence in Higher Education Act of 2018.” Section 2. Paragraphs (b) and (c) of subsection (5) of section 1001.706, Florida Statutes, are amended, and paragraph (h) is added to that subsection, to read:

1001.706 Powers and duties of the Board of Governors.— (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.— (b) The Board of Governors shall develop a strategic plan specifying goals and objectives for the State University System and each constituent university, including each university’s contribution to overall system goals and objectives.

The strategic plan must:

1. Include performance metrics and standards common for all institutions and metrics and standards unique to institutions depending on institutional core missions, including, but not limited to, student admission requirements, retention, graduation, percentage of graduates who have attained employment, percentage of graduates enrolled in continued education, licensure passage, average wages of employed graduates, average cost per graduate, excess hours, student loan burden and default rates, faculty awards, total annual research expenditures, patents, licenses and royalties, intellectual property, startup companies, annual giving, endowments, and well-known, highly respected national rankings for institutional and program achievements.

2. Consider reports and recommendations of the Higher Education Coordinating Council pursuant to s.

1004.015 and the Articulation Coordinating Committee pursuant to s.

1007.01.

3. Include student enrollment and performance data delineated by method of instruction, including, but not limited to, traditional, online, and distance learning instruction.

4. Include criteria for designating baccalaureate degree and master’s degree programs at specified universities as high demand programs of emphasis.

Fifty percent of the criteria for designation as high-demand programs of emphasis must be based on achievement of performance outcome thresholds determined by the Board of Governors, and 50 percent of the criteria must be based on achievement of performance outcome thresholds specifically linked to:

a. Job placement in employment of 36 hours or more per week and average full-time wages of graduates of the degree programs 1 year and 5 years after graduation, based in part on data provided in the economic security report of employment and earning outcomes produced annually pursuant to s.

445.07.

b. Data-driven gap analyses, conducted by the Board of Governors, of the state’s job market demands and the outlook for jobs that require a baccalaureate or higher degree.

Each state university must use the gap analyses to identify internship opportunities for students to benefit from mentorship by industry experts, earn industry certifications, and become employed in high-demand fields.

(c) The Board of Governors shall develop an accountability plan for the State University System and each constituent university.

The accountability plan must address institutional and system achievement of goals and objectives specified in the strategic plan adopted pursuant to paragraph (b) and must be submitted as part of its legislative budget request.

Each university shall submit, as a component of the university’s annual accountability plan, information on the effectiveness of its plan for improving 4-year graduation rates and the level of financial assistance provided to students pursuant to paragraph (h).

(h) By June 1, 2018, each university board of trustees shall submit a comprehensive proposal to improve undergraduate 4-year graduation rates to the Board of Governors for implementation beginning in the fall 2018 academic semester. The proposal must:

1. Identify academic, financial, policy, and curricular incentives and disincentives for timely graduation.

2. Outline the implementation of a proactive financial aid program to enable full-time students with financial need to take at least 15 credit hours in the fall and spring semesters.

3. Include assurances that there will be no increased cost to students.

Section 3. Paragraph (d) of subsection (2), paragraph (c) of subsection (5), and subsections (6), (7), and (8) of section 1001.7065, Florida Statutes, are amended to read:

1001.7065 Preeminent state research universities program.— (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—The following academic and research excellence standards are established for the preeminent state research universities program:

(d) A 4-year graduation rate of 60 percent or higher for full-time, first-time-in-college students, as reported annually to the IPEDS.

However, for the 2018 determination of a state university’s preeminence designation and the related distribution of the 2018-2019 fiscal year appropriation associated with preeminence and emerging preeminence, a university is considered to have satisfied this graduation rate measure by attaining a 6-year graduation rate of 70 percent or higher by October 1, 2017, for full-time, first-time-in-college students, as reported annually to the IPEDS and confirmed by the Board of Governors.

(5) PREEMINENT STATE RESEARCH UNIVERSITIES PROGRAM SUPPORT.— (c) The award of funds under this subsection is contingent upon funding provided by the Legislature in the General Appropriations Act to support the preeminent state research universities program created under this section.

Funding increases appropriated beyond the amounts funded in the previous fiscal year shall be distributed as follows:

1. Each designated preeminent state research university that meets the criteria in paragraph (a) shall receive an equal amount of funding.

2. Each designated emerging preeminent state research university that meets the criteria in paragraph (b) shall, beginning in the 2018-2019 fiscal year, receive an amount of funding that is equal to one-fourth one-half of the total increased amount awarded to each designated preeminent state research university.

(6) PREEMINENT STATE RESEARCH UNIVERSITY SPECIAL COURSE REQUIREMENT AUTHORITY.—In order to provide a jointly shared educational experience, a university that is designated a preeminent state research university may require its incoming first-time-in-college students to take a six-credit set of unique courses specifically determined by the university and published on the university’s website.

The university may stipulate that credit for such courses may not be earned through any acceleration mechanism pursuant to s.

1007.27 or s.

1007.271 or any other transfer credit.

All accelerated credits earned up to the limits specified in ss.

1007.27 and 1007.271 shall be applied toward graduation at the student’s request.

(6)(7) PREEMINENT STATE RESEARCH UNIVERSITY FLEXIBILITY AUTHORITY.—The Board of Governors is encouraged to identify and grant all reasonable, feasible authority and flexibility to ensure that each designated preeminent state research university and each designated emerging preeminent state research university is free from unnecessary restrictions.

(7)(8) PROGRAMS OF EXCELLENCE THROUGHOUT THE STATE UNIVERSITY SYSTEM.—The Board of Governors shall is encouraged to establish standards and measures whereby individual undergraduate, graduate, and professional degree programs in state universities which that objectively reflect national excellence can be identified and make recommendations to the Legislature by September 1, 2018, as to how any such programs could be enhanced and promoted.

Section 4. Subsection (1) of section 1001.71, Florida Statutes, is amended to read:

1001.71 University boards of trustees;

membership.— (1) Pursuant to s.

7(c), Art.

IX of the State Constitution, each local constituent university shall be administered by a university board of trustees comprised of 13 members as follows:

6 citizen members appointed by the Governor subject to confirmation by the Senate;

5 citizen members appointed by the Board of Governors subject to confirmation by the Senate;

the chair of the faculty senate or the equivalent;

and the president of the student body of the university.

The appointed members shall serve staggered 5-year terms.

In order to achieve staggered terms, beginning July 1, 2003, of the initial appointments by the Governor, 2 members shall serve 2-year terms, 3 members shall serve 3-year terms, and 1 member shall serve a 5-year term and of the initial appointments by the Board of Governors, 2 members shall serve 2-year terms, 2 members shall serve 3-year terms, and 1 member shall serve a 5-year term.

There shall be no state residency requirement for university board members, but the Governor and the Board of Governors shall consider diversity and regional representation.

Beginning July 2, 2020, for purposes of this subsection, regional representation shall include the chair of a campus board established pursuant to s.

1004.341.  Section 5. Subsections (1), (2), and (4) of section 1001.92, Florida Statutes, are amended to read:

1001.92 State University System Performance-Based Incentive.— (1) A State University System Performance-Based Incentive shall be awarded to state universities using performance-based metrics adopted by the Board of Governors of the State University System.

Beginning with the Board of Governors’ determination of each university’s performance improvement and achievement ratings for 2018, and the related distribution of the 2018-2019 fiscal year appropriation, the performance-based metrics must include 4-year graduation rates;

retention rates;

postgraduation education rates;

degree production;

affordability;

postgraduation employment and salaries, including wage thresholds that reflect the added value of a baccalaureate degree;

access rate, based on the percentage of undergraduate students enrolled during the fall term who received a Pell Grant during the fall term;

and other metrics approved by the board in a formally noticed meeting.

The board shall adopt benchmarks to evaluate each state university’s performance on the metrics to measure the state university’s achievement of institutional excellence or need for improvement and minimum requirements for eligibility to receive performance funding.

Access rate benchmarks must be differentiated and scored to reflect the varying access rate levels among the state universities;

however, the scoring system may not include bonus points.

(2) Each fiscal year, the amount of funds available for allocation to the state universities based on the performance based funding model shall consist of the state’s investment in performance funding plus institutional investments consisting of funds deducted from the base funding of each state university in the State University System in an amount provided by the Legislature in the General Appropriations Act.

The Board of Governors shall establish minimum performance funding eligibility thresholds for the state’s investment and the institutional investments.

A state university that meets the minimum institutional investment eligibility threshold, but fails to meet the minimum state investment eligibility threshold, shall have its institutional investment restored but is ineligible for a share of the state’s investment in performance funding.

The institutional investment shall be restored for each institution eligible for the state’s investment under the performance-based funding model.

(4) Distributions of performance funding, as provided in this section, shall be made by the Legislature to each of the state universities listed in the Education and General Activities category in the General Appropriations Act.

Section 6. Section 1004.097, Florida Statutes, is created to read:

1004.097 Free expression on campus.— (1) SHORT TITLE.—This section may be cited as the “Campus Free Expression Act.” (2) DEFINITIONS.—As used in this section, the term:

(a) “Commercial speech” means speech in which the individual is engaged in commerce, the intended audience is commercial or actual or potential consumers, and the content of the message is commercial.

(b) “Free-speech zone” means an area on a campus of a public institution of higher education which is designated for the purpose of engaging in expressive activities.

(c) “Material and substantial disruption” means any conduct that intentionally and significantly hinders another person’s or group’s expressive rights.

The term does not include conduct that is protected under the First Amendment to the United States Constitution and Art.

I of the State Constitution, including, but not limited to, lawful protests and counter-protests in the outdoor areas of campus or minor, brief, or fleeting nonviolent disruptions that are isolated or brief in duration.

(d) “Outdoor areas of campus” means generally accessible areas of a campus of a public institution of higher education in which members of the campus community are commonly allowed, including grassy areas, walkways, or other similar common areas.

The term does not include outdoor areas of campus to which access is restricted.

(e) “Public institution of higher education” means any public technical center, state college, state university, law school, medical school, dental school, or other Florida College System institution as defined in s.

1000.21.

(3) RIGHT TO FREE-SPEECH ACTIVITIES.— (a) Expressive activities protected under the First Amendment to the United States Constitution and Art.

I of the State Constitution include, but are not limited to, any lawful oral or written communication of ideas, including all forms of peaceful assembly, protests, and speeches;

distributing literature;

carrying signs;

circulating petitions;

and the recording and publication, including the Internet publication, of video or audio recorded in outdoor areas of campus.

Expressive activities protected by this section do not include commercial speech.

(b) A person who wishes to engage in an expressive activity in outdoor areas of campus may do so freely, spontaneously, and contemporaneously as long as the person’s conduct is lawful and does not materially and substantially disrupt the functioning of the public institution of higher education or infringe upon the rights of other individuals or organizations to engage in expressive activities.

(c) Outdoor areas of campus are considered traditional public forums for individuals, organizations, and guest speakers.

A public institution of higher education may create and enforce restrictions that are reasonable and content-neutral on time, place, and manner of expression and that are narrowly tailored to a significant institutional interest.

Restrictions must be clear and published and must and provide for ample alternative means of expression.

(d) A public institution of higher education may not designate any area of campus as a free-speech zone or otherwise create policies restricting expressive activities to a particular outdoor area of campus, except as provided in paragraph (c).

(e) Students, faculty, or staff of a public institution of higher education may not materially disrupt previously scheduled or reserved activities on campus occurring at the same time.

(4) CAUSE OF ACTION.—A person whose expressive rights are violated by an action prohibited under this section may bring an action against a public institution of higher education in a court of competent jurisdiction to obtain declaratory and injunctive relief, reasonable court costs, and attorney fees.

Section 7. Subsections (2), (3), and (4) and paragraph (b) of subsection (5) of section 1004.28, Florida Statutes, are amended to read:

1004.28 Direct-support organizations;

use of property;

board of directors;

activities;

audit;

facilities.— (2) USE OF PROPERTY.— (a) Each state university board of trustees is authorized to permit the use of property, facilities, and personal services at any state university by any university direct-support organization, and, subject to the provisions of this section, direct-support organizations may establish accounts with the State Board of Administration for investment of funds pursuant to part IV of chapter 218.

(b) The board of trustees, in accordance with regulations rules and guidelines of the Board of Governors, shall prescribe by regulation rule conditions with which a university direct support organization must comply in order to use property, facilities, or personal services at any state university, including that personal services must comply with s.

1012.976.

Such regulations rules shall provide for budget and audit review and oversight by the board of trustees, including thresholds for approval of purchases, acquisitions, projects, and issuance of debt.

No later than July 1, 2019, the transfer of a state appropriation by the board of trustees to any direct-support organization may only include funds pledged for capital projects.

Beginning July 1, 2019, and annually thereafter, each university board of trustees shall report to the Legislature the amount of state appropriations transferred to any direct-support organization during the previous fiscal year, the purpose for which the funds were transferred, and the remaining balance of any funds transferred.

(c) The board of trustees may not transfer any funds to and shall not permit the use of property, facilities, or personal services at any state university by any university direct support organization that does not provide equal employment opportunities to all persons regardless of race, color, religion, gender, age, or national origin.

(d) The board of trustees may not permit the use of state funds for travel expenses by any university direct-support organization.

(3) BOARD OF DIRECTORS.—The chair of the university board of trustees shall may appoint at least one a representative to the board of directors and the executive committee of any direct-support organization established under this section.

The president of the university for which the direct-support organization is established, or his or her designee, shall also serve on the board of directors and the executive committee of any direct-support organization established to benefit that university.

The university board of trustees shall approve all appointments to any direct-support organization not authorized by this subsection.

(4) ACTIVITIES;

RESTRICTION.—A university direct-support organization is prohibited from giving, either directly or indirectly, any gift to a political committee as defined in s.

106.011 for any purpose other than those certified by a majority roll call vote of the governing board of the direct-support organization at a regularly scheduled meeting as being directly related to the educational mission of the university.

(5) ANNUAL AUDIT;

PUBLIC RECORDS EXEMPTION;

PUBLIC MEETINGS EXEMPTION.— (b) All records of the organization Other than the auditor’s report, management letter, any records related to the expenditure of state funds, and any financial records related to the expenditure of private funds for travel, all records of the organization and any supplemental data requested by the Board of Governors, the university board of trustees, the Auditor General, and the Office of Program Policy Analysis and Government Accountability shall be confidential and exempt from s.

119.07(1).

Section 8. Effective July 1, 2020, sections 1004.33 and 1004.34, Florida Statutes, are repealed.

Section 9. Section 1004.335, Florida Statutes, is created to read:

1004.335 Accreditation consolidation of University of South Florida branch campuses.— (1) The University of South Florida Consolidation Planning Study and Implementation Task Force is established to develop recommendations to improve service to students by phasing out the separate accreditation of the University of South Florida St.

Petersburg and the University of South Florida Sarasota/Manatee, which were conferred by the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC) pursuant to ss.

1004.33 and 1004.34, respectively.

(2) The task force shall consist of the following members:

(a) One member appointed by the chair of the Board of Governors who will serve as chair;

(b) Two members appointed by the President of the Senate;

(c) Two members appointed by the Speaker of the House of Representatives;

(d) Two members appointed by the chair of the University of South Florida board of trustees;

(e) One member appointed by the chair of the campus board of the University of South Florida St.

Petersburg;

(f) One member appointed by the chair of the campus board of the University of South Florida Sarasota/Manatee;  (g) The regional chancellor of the University of South Florida St.

Petersburg;

(h) The regional chancellor of the University of South Florida Sarasota/Manatee;

(i) The president of the University of South Florida or his or her designee;

and (j) One student member appointed by the University of South Florida Alumni Association.

(3) The Board of Trustees shall assign personnel from each campus to staff the task force.

The chair of the task force may consult experts in university mergers and consolidations to assist the task force in developing recommendations.

(4) No later than February 15, 2019, the task force must submit a report to the University of South Florida Board of Trustees which includes, at a minimum, recommendations on the following:

(a) Identification of specific degrees in programs of strategic significance, including health care, science, technology, engineering, mathematics, and other program priorities to be offered at the University of South Florida St.

Petersburg and the University of South Florida Sarasota/Manatee and the timeline for the development and delivery of programs on each campus;

(b) Maintaining the unique identity of each campus and an assessment of whether a separate educational mission is beneficial to the future of each campus;

(c) Maintaining faculty input from all campuses during the review and development of general education requirements to reflect the distinctive identity of each campus;

(d) Developing the research capacity at each campus;

(e) Equitable distribution of programs and resources to establish pathways to admission for all students who require bridge programming and financial aid;

and (f) Establishing budget transparency and accountability regarding the review and approval of student fees among campuses, including fee differentials and athletic fees, to enable the identification of the equitable distribution of resources to each campus, including the University of South Florida Health.

(g) Developing and delivering integrated academic programs, student and faculty governance, and administrative services to better serve the students, faculty, and staff at the University of South Florida College of Marine Science, the University of South Florida Sarasota/Manatee, and the University of South Florida St.

Petersburg.

(5) No later than March 15, 2019, the Board of Trustees of the University of South Florida, after considering the recommendations of the task force, must adopt and submit to the Board of Governors an implementation plan that:

(a) Establishes a timeline for each step that is necessary to terminate the separate accreditation for each campus no later than June 30, 2020, so that there is no lapse in institutional accreditation for any campus during the phasing-out process.

(b) Minimizes disruption to students attending any University of South Florida campus so that the consolidation of SACSCOC accreditation does not impede a student’s ability to graduate within 4 years after initial first-time-in-college enrollment.

(c) Requires that, on or before July 1, 2020, the entirety of the University of South Florida, including all campuses and other component units of the university, operate under a single institutional accreditation from the SACSCOC.

(d) Requires that, on each regularly scheduled submission date subsequent to July 1, 2020, the University of South Florida report consolidated data for all of the university’s campuses and students to the Integrated Postsecondary Education Data System and to the Board of Governors.

The Board of Governors shall use the consolidated data for purposes of determining eligibility for funding pursuant to ss.

1001.7065 and 1001.92.

(6) Notwithstanding ss.

1001.7065 and 1001.92 or any Board of Governors regulation to the contrary relating to the calculation of graduation rates and retention rates, a student who meets all of the following criteria may not be counted by the Board of Governors when calculating or confirming the graduation rate or the retention rate of the University of South Florida under those sections:

(a) The student was admitted to and initially enrolled before the spring 2020 semester as a first-time-in-college student at the University of South Florida St.

Petersburg or the University of South Florida Sarasota/Manatee.

(b) The student voluntarily disenrolled from all University of South Florida campuses without graduating before the date of termination of the separate SACSCOC accreditation of his or her admitting campus.

(7) This section expires July 1, 2020.

Section 10. Effective July 2, 2020, section 1004.341, Florida Statutes, is created to read:

1004.341 University of South Florida campuses.— (1) The St.

Petersburg and Sarasota/Manatee campuses of the University of South Florida are hereby established.

(a) The St.

Petersburg campus of the University of South Florida shall be known as the “University of South Florida St.

Petersburg” and shall include any college of the University of South Florida which is headquartered or primarily located in Pinellas County.

(b) The Sarasota/Manatee campus of the University of South Florida shall be known as the “University of South Florida Sarasota/Manatee” and shall include any college of the University of South Florida which is headquartered or primarily located in Sarasota County or Manatee County.

(2) The University of South Florida St.

Petersburg and the University of South Florida Sarasota/Manatee shall each have a campus board and a regional chancellor.

The Chair of the Board of Trustees of the University of South Florida, based upon recommendations of the President of the University of South Florida, shall appoint:

(a) Seven residents of Pinellas County to serve 4-year staggered terms on the Campus Board of the University of South Florida St.

Petersburg.

A member of the Board of Trustees of the University of South Florida who resides in Pinellas County shall jointly serve as a member of the Board of Trustees and as chair of the campus board.

The chair of the faculty senate or the equivalent and the president of the student body of the campus shall serve as ex officio members.

(b) Four residents of Manatee County and three residents of Sarasota County to serve 4-year staggered terms on the Campus Board of the University of South Florida Sarasota/Manatee.

A member of the Board of Trustees of the University of South Florida who resides in Manatee County or Sarasota County shall be selected by the Chair of the Board of Trustees of the University of South Florida to serve jointly as a member of the Board of Trustees and as chair of the campus board.

The chair of the faculty senate or the equivalent and the president of the student body of the campus shall serve as ex officio members.

635 The Board of Trustees may reappoint a member to the campus board, other than the chair, for one additional term.

(3) Each campus board has the powers and duties provided by law, which include the authority to approve and submit an annual operating plan, budget, and legislative budget request to the Board of Trustees of the University of South Florida.

(4) The Board of Trustees shall publish and approve an annual operating budget for each campus and a report on the distribution of funds, including student tuition and fees, preeminence funding, and performance-based funding, provided to each campus.

(5) The Board of Trustees must publish on its website a biennial regional impact report, beginning July 1, 2021, which details the specific increased investments in university programs located in Pinellas, Manatee, and Sarasota Counties.

The report shall include, at a minimum, trend information related to access to new degree programs for students in those counties, any changes in student enrollment and outcomes at each campus located in those counties, increased research conducted and research infrastructure added in those counties, and any fixed capital outlay projects or property acquisitions planned or completed in those counties.

(6) The faculty and students at each campus shall be represented in the academic and student governance structures of the University of South Florida as determined by the Board of Trustees.  Section 11. Subsection (1) of section 1004.344, Florida Statutes, is amended to read:

1004.344 The Florida Center for the Partnerships for Arts Integrated Teaching.— (1) The Florida Center for the Partnerships for Arts Integrated Teaching is created within the University of South Florida and shall be physically headquartered at the University of South Florida Sarasota/Manatee.

Section 12. Section 1004.6497, Florida Statutes, is created to read:

1004.6497 World Class Faculty and Scholar Program.— (1) PURPOSE AND LEGISLATIVE INTENT.—The World Class Faculty and Scholar Program is established to fund and support the efforts of state universities to recruit and retain exemplary faculty and research scholars.

It is the intent of the Legislature to elevate the national competitiveness of Florida’s state universities through faculty and scholar recruitment and retention.

(2) INVESTMENTS.—Retention, recruitment, and recognition efforts, activities, and investments may include, but are not limited to, investments in research-centric cluster hires, faculty research and research commercialization efforts, instructional and research infrastructure, undergraduate student participation in research, professional development, awards for outstanding performance, and postdoctoral fellowships.

(3) FUNDING AND USE.—Funding for the program shall be as provided by the Legislature.

Each state university shall use the funds only for the purpose and investments authorized under this section.

These funds may not be used to construct buildings.

(4) ACCOUNTABILITY.—By March 15 of each year, the Board of Governors shall provide to the Governor, the President of the Senate, and the Speaker of the House of Representatives a report summarizing information from the universities in the State University System, including, but not limited to:

(a) Specific expenditure information as it relates to the investments identified in subsection (2).

(b) The impact of those investments in elevating the national competitiveness of the universities, specifically relating to:

1. The success in recruiting research faculty and the resulting research funding;

2. The 4-year graduation rate for undergraduate students;

3. The number of undergraduate courses offered with fewer than 50 students;

and 4. The increase in national academic standing of targeted programs, specifically advancement in ranking of the targeted programs among top 50 universities in well-known and highly respected national public university rankings, including, but not limited to, the U.S.

News and World Report rankings, which reflect national preeminence, using the most recent rankings.

Section 13. Section 1004.6498, Florida Statutes, is created to read:

1004.6498 State University Professional and Graduate Degree Excellence Program.— (1) PURPOSE.—The State University Professional and Graduate Degree Excellence Program is established to fund and support the efforts of state universities to enhance the quality and excellence of professional and graduate schools and degree programs in medicine, law, and business and expand the economic impact of state universities.

(2) INVESTMENTS.—Quality improvement efforts may include, but are not limited to, targeted investments in faculty, students, research, infrastructure, and other strategic endeavors to elevate the national and global prominence of state university medicine, law, and graduate-level business programs.

(3) FUNDING AND USE.—Funding for the program shall be as provided by the Legislature.

Each state university shall use the funds only for the purpose and investments authorized under this section.

These funds may not be used to construct buildings.

(4) ACCOUNTABILITY.—By March 15 of each year, the Board of Governors shall provide to the Governor, the President of the Senate, and the Speaker of the House of Representatives a report summarizing information from the universities in the State University System, including, but not limited to:

(a) Specific expenditure information as it relates to the investments identified in subsection (2).

(b) The impact of those investments in elevating the national and global prominence of the state university medicine, law, and graduate-level business programs, specifically relating to:

1. The first-time pass rate on the United States Medical Licensing Examination;

2. The first-time pass rate on The Florida Bar Examination;

3. The percentage of graduates enrolled or employed at a wage threshold that reflects the added value of a graduate-level business degree;

4. The advancement in the rankings of the state university medicine, law, and graduate-level programs in well-known and highly respected national graduate-level university rankings, including, but not limited to, the U.S.

News and World Report rankings, which reflect national preeminence, using the most recent rankings;

and 5. The added economic benefit of the universities to the state.

Section 14. Paragraph (c) of subsection (5) of section 1008.30, Florida Statutes, is amended to read:

1008.30 Common placement testing for public postsecondary education.— (5) (c) A university board of trustees may contract with a Florida College System institution board of trustees for the Florida College System institution to provide developmental education on the state university campus.

Any state university in which the percentage of incoming students requiring developmental education equals or exceeds the average percentage of such students for the Florida College System may offer developmental education without contracting with a Florida College System institution;

however, any state university offering college-preparatory instruction as of January 1, 1996, may continue to provide developmental education instruction as defined in s.

1008.02(1) such services.

Section 15. Subsection (7) of section 1009.22, Florida Statutes, is amended to read:

1009.22 Workforce education postsecondary student fees.— (7) Each district school board and Florida College System institution board of trustees is authorized to establish a separate fee for technology, not to exceed 5 percent of tuition per credit hour or credit-hour equivalent for resident students and not to exceed 5 percent of tuition and the out-of-state fee per credit hour or credit-hour equivalent for nonresident students.

Revenues generated from the technology fee shall be used to enhance instructional technology resources for students and faculty and shall not be included in any award under the Florida Bright Futures Scholarship Program.

Fifty percent of technology fee revenues may be pledged by a Florida College System institution board of trustees as a dedicated revenue source for the repayment of debt, including lease-purchase agreements, not to exceed the useful life of the asset being financed.

Revenues generated from the technology fee may not be bonded.

Section 16. Subsection (10) of section 1009.23, Florida Statutes, is amended to read:

1009.23 Florida College System institution student fees.— (10) Each Florida College System institution board of trustees is authorized to establish a separate fee for technology, which may not exceed 5 percent of tuition per credit hour or credit-hour equivalent for resident students and may not exceed 5 percent of tuition and the out-of-state fee per credit hour or credit-hour equivalent for nonresident students.

Revenues generated from the technology fee shall be used to enhance instructional technology resources for students and faculty.

The technology fee may apply to both college credit and developmental education and shall not be included in any award under the Florida Bright Futures Scholarship Program.

Fifty percent of technology fee revenues may be pledged by a Florida College System institution board of trustees as a dedicated revenue source for the repayment of debt, including lease purchase agreements, not to exceed the useful life of the asset being financed.

Revenues generated from the technology fee may not be bonded.

Section 17. Subsection (13), paragraph (r) of subsection (14), paragraphs (a), (b), and (e) of subsection (16), and subsection (20) of section 1009.24, Florida Statutes, are amended to read:

1009.24 State university student fees.— (13) Each university board of trustees may establish a technology fee of up to 5 percent of the tuition per credit hour.

The revenue from this fee shall be used to enhance instructional technology resources for students and faculty.

The technology fee may not be included in any award under the Florida Bright Futures Scholarship Program established pursuant to ss.

1009.53-1009.538.

(14) Except as otherwise provided in subsection (15), each university board of trustees is authorized to establish the following fees:

(r) Traffic and parking fines, charges for parking decals, and transportation access fees.

Only universitywide transportation access fees may be included in any state financial assistance award authorized under part III of this chapter, as specifically authorized by law or the General Appropriations Act.

833 With the exception of housing rental rates and except as otherwise provided, fees assessed pursuant to paragraphs (h)-(s) shall be based on reasonable costs of services.

The Board of Governors shall adopt regulations and timetables necessary to implement the fees and fines authorized under this subsection.

The fees assessed under this subsection may be used for debt only as authorized under s.

1010.62.

(16) Each university board of trustees may establish a tuition differential for undergraduate courses upon receipt of approval from the Board of Governors.

However, beginning July 1, 2014, the Board of Governors may only approve the establishment of or an increase in tuition differential for a state research university designated as a preeminent state research university pursuant to s.

1001.7065(3).

The tuition differential shall promote improvements in the quality of undergraduate education and shall provide financial aid to undergraduate students who exhibit financial need.

(a) Seventy percent of the revenues from the tuition differential shall be expended for purposes of undergraduate education.

Such expenditures may include, but are not limited to, increasing course offerings, improving graduation rates, increasing the percentage of undergraduate students who are taught by faculty, decreasing student-faculty ratios, providing salary increases for faculty who have a history of excellent teaching in undergraduate courses, improving the efficiency of the delivery of undergraduate education through academic advisement and counseling, and reducing the percentage of students who graduate with excess hours.

This expenditure for undergraduate education may not be used to pay the salaries of graduate teaching assistants.

Except as otherwise provided in this subsection, the remaining 30 percent of the revenues from the tuition differential, or the equivalent amount of revenue from private sources, shall be expended to provide financial aid to undergraduate students who exhibit financial need, including students who are scholarship recipients under s.

1009.984, to meet the cost of university attendance.

This expenditure for need-based financial aid shall not supplant the amount of need based aid provided to undergraduate students in the preceding fiscal year from financial aid fee revenues, the direct appropriation for financial assistance provided to state universities in the General Appropriations Act, or from private sources.

The total amount of tuition differential waived under subparagraph (b)7.

(b)8.

may be included in calculating the expenditures for need-based financial aid to undergraduate students required by this subsection.

If the entire tuition and fee costs of resident students who have applied for and received Pell Grant funds have been met and the university has excess funds remaining from the 30 percent of the revenues from the tuition differential required to be used to assist students who exhibit financial need, the university may expend the excess portion in the same manner as required for the other 70 percent of the tuition differential revenues.

(b) Each tuition differential is subject to the following conditions:

1. The tuition differential may be assessed on one or more undergraduate courses or on all undergraduate courses at a state university.

2. The tuition differential may vary by course or courses, by campus or center location, and by institution.

Each university board of trustees shall strive to maintain and increase enrollment in degree programs related to math, science, high technology, and other state or regional high-need fields when establishing tuition differentials by course.

3. For each state university that is designated as a preeminent state research university by the Board of Governors, pursuant to s.

1001.7065, the aggregate sum of tuition and the tuition differential may be increased by no more than 6 percent of the total charged for the aggregate sum of these fees in the preceding fiscal year.

The tuition differential may be increased if the university meets or exceeds performance standard targets for that university established annually by the Board of Governors for the following performance standards, amounting to no more than a 2-percent increase in the tuition differential for each performance standard:

a. An increase in the 4-year 6-year graduation rate for full-time, first-time-in-college students, as reported annually to the Integrated Postsecondary Education Data System.

b. An increase in the total annual research expenditures.

c. An increase in the total patents awarded by the United States Patent and Trademark Office for the most recent years.

4. The aggregate sum of undergraduate tuition and fees per credit hour, including the tuition differential, may not exceed the national average of undergraduate tuition and fees at 4-year degree-granting public postsecondary educational institutions.

5. The tuition differential shall not be included in any award under the Florida Bright Futures Scholarship Program established pursuant to ss.

1009.53-1009.538.

5.6. Beneficiaries having prepaid tuition contracts pursuant to s.

1009.98(2)(b) which were in effect on July 1, 2007, and which remain in effect, are exempt from the payment of the tuition differential.

6.7. The tuition differential may not be charged to any student who was in attendance at the university before July 1, 2007, and who maintains continuous enrollment.

7.8. The tuition differential may be waived by the university for students who meet the eligibility requirements for the Florida public student assistance grant established in s.

1009.50.

8.9. Subject to approval by the Board of Governors, the tuition differential authorized pursuant to this subsection may take effect with the 2009 fall term.

(e) The Board of Governors shall submit a report to the President of the Senate, the Speaker of the House of Representatives, and the Governor describing the implementation of the provisions of this subsection no later than February 1 of each year.

The report shall summarize proposals received by the board during the preceding fiscal year and actions taken by the board in response to such proposals.

In addition, the report shall provide the following information for each university that has been approved by the board to assess a tuition differential:

1. The course or courses for which the tuition differential was assessed and the amount assessed.

2. The total revenues generated by the tuition differential.

3. With respect to waivers authorized under subparagraph (b)7.

(b)8., the number of students eligible for a waiver, the number of students receiving a waiver, and the value of waivers provided.

4. Detailed expenditures of the revenues generated by the tuition differential.

5. Changes in retention rates, graduation rates, the percentage of students graduating with more than 110 percent of the hours required for graduation, pass rates on licensure examinations, the number of undergraduate course offerings, the percentage of undergraduate students who are taught by faculty, student-faculty ratios, and the average salaries of faculty who teach undergraduate courses.

(20) Each state university shall publicly notice and notify all enrolled students of any proposal to change increase tuition or fees at least 28 days before its consideration at a board of trustees meeting.

The notice must:

(a) Include the date and time of the meeting at which the proposal will be considered.

(b) Specifically outline the details of existing tuition and fees, the rationale for the proposed change increase, and how the funds from the proposed change increase will be used.

(c) Be posted on the university’s website and issued in a press release.

Section 18. Subsection (9) of section 1009.53, Florida Statutes, is amended to read:

1009.53 Florida Bright Futures Scholarship Program.— (9) A student may use a Florida Academic Scholars an award for summer term enrollment beginning in the 2018 summer term, as funded by the Legislature.

A student may use a Florida Medallion Scholars award for summer term enrollment beginning in the 2019 summer term, as funded by the Legislature.

A student may use other Florida Bright Futures Scholarship Program awards for summer term enrollment, if funded by the Legislature if funds are available.

Section 19. Subsection (2) of section 1009.534, Florida Statutes, is amended to read:

1009.534 Florida Academic Scholars award.— (2) A Florida Academic Scholar who is enrolled in a certificate, diploma, associate, or baccalaureate degree program at a public or nonpublic postsecondary education institution is eligible, beginning in the 2017-2018 academic year, for an award equal to the amount necessary to pay 100 percent of tuition and fees established under ss.

1009.22(3), (5), (6), and (7);

1009.23(3), (4), (7), (8), (10), and (11);

and 1009.24(4), (7) (13), (14)(r), and (16), as applicable, and is eligible for an additional $300 each fall and spring academic semester or the equivalent for textbooks, specified in the General Appropriations Act to assist with the payment of educational expenses.

Section 20. Subsection (2) of section 1009.535, Florida Statutes, is amended to read:

1009.535 Florida Medallion Scholars award.— (2) A Florida Medallion Scholar who is enrolled in a certificate, diploma, associate, or baccalaureate degree program at a public or nonpublic postsecondary education institution is eligible, beginning in the fall 2018 semester, for an award equal to the amount necessary to pay 75 percent of tuition and fees established under ss.

1009.22(3), (5), (6), and (7);

1009.23(3), (4), (7), (8), (10), and (11);

and 1009.24(4), (7) (13), (14)(r), and (16), as applicable, specified in the General Appropriations Act to assist with the payment of educational expenses.

Section 21. Subsections (1), (2), and (4) and paragraph (c) of subsection (5) of section 1009.701, Florida Statutes, are amended to read:

1009.701 First Generation Matching Grant Program.— (1) The First Generation Matching Grant Program is created to enable each state university and Florida College System institution to provide donors with a matching grant incentive for contributions that will create grant-based student financial aid for undergraduate students who demonstrate financial need and whose parents, as defined in s.

1009.21(1), have not earned a baccalaureate degree.

In the case of any individual who regularly resided with and received support from only one parent, an individual whose only such parent did not complete a baccalaureate degree would also be eligible.

(2) Funds appropriated by the Legislature for the program shall be allocated by the Office of Student Financial Assistance to match private contributions on a dollar-for-dollar basis;

however, beginning in the 2018-2019 fiscal year, such funds shall be allocated at a ratio of $2 of state funds to $1 of private contributions.

Contributions made to a state university or a Florida College System institution and pledged for the purposes of this section are eligible for state matching funds appropriated for this program and are not eligible for any other state matching grant program.

Pledged contributions are not eligible for matching prior to the actual collection of the total funds.

The Office of Student Financial Assistance shall reserve a proportionate allocation of the total appropriated funds for each state university and Florida College System institution on the basis of full-time equivalent enrollment.

Funds that remain unmatched as of December 1 shall be reallocated to state universities and colleges that have remaining unmatched private contributions for the program on the basis of full-time equivalent enrollment.

(4) Each participating state university and Florida College System institution shall establish an application process, determine student eligibility for initial and renewal awards in conformance with subsection (5), identify the amount awarded to each recipient, and notify recipients of the amount of their awards.

(5) In order to be eligible to receive a grant pursuant to this section, an applicant must:

(c) Be accepted at a state university or Florida College System institution.

Section 22. Subsections (2), (4), and (5) of section 1009.893, Florida Statutes, are amended to read:

1009.893 Benacquisto Scholarship Program.— (2) The Benacquisto Scholarship Program is created to reward a any Florida high school graduate who receives recognition as a National Merit Scholar or National Achievement Scholar and who initially enrolls in the 2014-2015 academic year or, later, in a baccalaureate degree program at an eligible Florida public or independent postsecondary educational institution.

(4) In order to be eligible for an award under the scholarship program, a student must meet the requirements of paragraph (a) or paragraph (b).:

(a) A student who is a resident of this state, Be a state resident as determined in s.

1009.40 and rules of the State Board of Education, must:;

1.(b) Earn a standard Florida high school diploma or its equivalent pursuant to s.

1002.3105, s.

1003.4281, s.

1003.4282, or s.

1003.435 unless:

a.1. The student completes a home education program according to s.

1002.41;

or b.2. The student earns a high school diploma from a non Florida school while living with a parent who is on military or public service assignment out of this state;

2.(c) Be accepted by and enroll in a Florida public or independent postsecondary educational institution that is regionally accredited;

and 3.(d) Be enrolled full-time in a baccalaureate degree program at an eligible regionally accredited Florida public or independent postsecondary educational institution during the fall academic term following high school graduation.

(b) A student who initially enrolls in a baccalaureate degree program in the 2018-2019 academic year or later and who is not a resident of this state, as determined in s.

1009.40 and rules of the State Board of Education, must:

1. Physically reside in this state on or near the campus of the postsecondary educational institution in which the student is enrolled;

2. Earn a high school diploma from a school outside Florida which is comparable to a standard Florida high school diploma or its equivalent pursuant to s.

1002.3105, s.

1003.4281, s.

1003.4282, or s.

1003.435 or must complete a home education program in another state;

and 3. Be accepted by and enrolled full-time in a baccalaureate degree program at an eligible regionally accredited Florida public or independent postsecondary educational institution during the fall academic term following high school graduation.

(5)(a)1. An eligible student who meets the requirements of paragraph (4)(a), who is a National Merit Scholar or National Achievement Scholar, and who attends a Florida public postsecondary educational institution shall receive a scholarship award equal to the institutional cost of attendance minus the sum of the student’s Florida Bright Futures Scholarship and National Merit Scholarship or National Achievement Scholarship.

2. An eligible student who meets the requirements of paragraph (4)(b), who is a National Merit Scholar, and who attends a Florida public postsecondary educational institution shall receive a scholarship award equal to the institutional cost of attendance for a resident of this state minus the student’s National Merit Scholarship.

Such student is exempt from the payment of out-of-state fees.

(b) An eligible student who is a National Merit Scholar or National Achievement Scholar and who attends a Florida independent postsecondary educational institution shall receive a scholarship award equal to the highest cost of attendance for a resident of this state enrolled at a Florida public university, as reported by the Board of Governors of the State University System, minus the sum of the student’s Florida Bright Futures Scholarship and National Merit Scholarship or National Achievement Scholarship.

Section 23. Section 1009.894, Florida Statutes, is created to read:

1009.894 Florida Farmworker Student Scholarship Program.

The Legislature recognizes the vital contribution of farmworkers to the economy of this state.

The Florida Farmworker Student Scholarship Program is created to provide scholarships for farmworkers, as defined in s.

420.503, and the children of such farmworkers.

(1) The Department of Education shall administer the Florida Farmworker Student Scholarship Program according to rules and procedures established by the State Board of Education.

Up to 50 scholarships shall be awarded annually according to the criteria established in subsection (2) and contingent upon an appropriation by the Legislature.

(2)(a) To be eligible for an initial scholarship, a student must, at a minimum:

1. Have a resident status as required by s.

1009.40 and rules of the State Board of Education;

2. Earn a minimum cumulative weighted grade point average of 3.5 for all high school courses creditable toward a diploma;

3. Complete a minimum of 30 hours of community service;

and 4. Have at least a 90-percent attendance rate and not have had any disciplinary action brought against him or her, as documented on the student’s high school transcript.

1149 For purposes of this section, students who are undocumented for federal immigration purposes are not eligible for an award.

(b) The department shall rank eligible initial applicants for the purposes of awarding scholarships based on need, as determined by the department.

(c) To renew a scholarship awarded pursuant to this section, a student must maintain at least a cumulative grade point average of 2.5 or higher on a 4.0 scale for college coursework.

(3) A scholarship recipient must enroll in a minimum of 12 credit hours per term, or the equivalent, at a public postsecondary educational institution in this state to receive funding.

(4) A scholarship recipient may receive an award for a maximum of 100 percent of the number of credit hours required to complete an associate or baccalaureate degree program or receive an award for a maximum of 100 percent of the credit hours or clock hours required to complete up to 90 credit hours of a program that terminates in a career certificate.

The scholarship recipient is eligible for an award equal to the amount required to pay the tuition and fees established under ss.

1009.22(3), (5), (6), and (7);

1009.23(3), (4), (7), (8), (10), and (11);

and 1009.24(4), (7)-(13), (14)(r), and (16), as applicable, at a public postsecondary educational institution in this state.

Renewal scholarship awards must take precedence over new scholarship awards in a year in which funds are not sufficient to accommodate both initial and renewal awards.

The scholarship must be prorated for any such year.

(5) Subject to appropriation by the Legislature, the department shall annually issue awards from the scholarship program.

Before the registration period each semester, the department shall transmit payment for each award to the president or director of the postsecondary educational institution, or his or her representative.

However, the department may withhold payment if the receiving institution fails to submit the following reports or make the following refunds to the department:

(a) Each institution shall certify to the department the eligibility status of each student to receive a disbursement within 30 days before the end of its regular registration period, inclusive of a drop and add period.

An institution is not required to reevaluate the student eligibility after the end of the drop and add period.

(b) An institution that receives funds from the scholarship program must certify to the department the amount of funds disbursed to each student and remit to the department any undisbursed advance within 60 days after the end of the regular registration period.

(6) The department shall allocate funds to the appropriate institutions and collect and maintain data regarding the scholarship program within the student financial assistance database as specified in s.

1009.94.

Section 24. Paragraphs (e) and (f) of subsection (10) of section 1009.98, Florida Statutes, are redesignated as paragraphs (f) and (g), respectively, and a new paragraph (e) is added to that subsection to read:

1009.98 Stanley G.

Tate Florida Prepaid College Program.— (10) PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.— (e) Notwithstanding the number of credit hours used by a state university to assess the amount for registration fees, tuition, tuition differential, or local fees, the amount paid by the board to any state university on behalf of a qualified beneficiary of an advance payment contract purchased before July 1, 2024, may not exceed the number of credit hours taken by that qualified beneficiary at the state university.

Section 25. The Division of Law Revision and Information is directed to substitute the term “Effective Access to Student Education Grant Program” for “Florida Resident Access Grant Program” and the term “Effective Access to Student Education grant” for “Florida resident access grant” wherever those terms appear in the Florida Statutes.