2016 Legislative Session Weekly Update 1/16/2016 Committee Reports: Senate Higher Education Committee – January 11, 2015 Two bills were passed by the committee. S0962 by Senator Gaetz – Vocation Rehabilitation o Codifies the Vocation Rehabilitation performance funding metrics from last year’s budget. S0984 by Senator Legg – Educational Access and Affordability o SB 984 modifies requirements related to higher education textbooks and instructional materials affordability and promotes public awareness on higher education costs. Specifically, the bill: Expands textbook provisions to include instructional materials. Modifies the textbook and instructional materials affordability policies, procedures, and guidelines adopted by the State Board of Education and the Board of Governors for the State University System of Florida to include new issues and specifies reporting requirements regarding textbooks and instructional materials. Establishes college affordability provisions to identify strategies and initiatives to reduce the cost of higher education, and specifies annual reporting requirements regarding college affordability. Establishes notification requirements to inform students and the public, clearly and specifically, about any upcoming institutional boards of trustees meeting at which a vote will be taken on proposed increases in tuition and fees. Three additional bills were workshopped (discussed but no votes taken) by the Committee. The bills are very similar. Please see attached crosswalk for the differences in the bill. S1060 by Senator Legg – Career and Adult Education SB 0726 by Senator Ring – Career and Adult Education SB 0836 by Senator Gaetz – Rapid Response Education and Training Program There is one provision, of these workshopped bills, that has a direct impact on UWF. That provision pertains to the Rapid Response Training Program. There are two differing ways to approach the program in the bills. SB 726 creates the Rapid Response Grant Program to award competitive grants through the Department of Education to career centers for expanding or implementing high-demand postsecondary programs. SB 836 creates the Rapid Response Education & Training Program to award competitive grants through the Complete Florida Plus Program at the University of West Florida to any public/private education and training program providers for enhancing business and industry recruitment and retention efforts. Senate Ethics and Elections The Senate Ethics and Elections Committee met on Tuesday and reviewed quite a few appointments. The appointments of Trustees Bob Jones and Bentina Terry successfully moved through the committee and now await the final confirmation vote before the full Florida Senate. House Higher Education and Workforce Committee – January 13, 2015 The House Higher Education held a short committee to hear HB 0793 –The bill allows an eligible student to defer their bright futures award while participating in a full-time religious or service obligation, repeals the higher SAT or ACT score requirement for home education students, and creates the Florida Gold Seal CAPE-Vocational Scholars award as an alternative to the current Florida Gold Seal Vocational award. The bill was passed unanimously by this committee. Senate Fiscal Policy Committee – January 14, 2015 The Senate Fiscal Policy Committee held a committee which one of the bills heard has an impact on UWF students. SB 520 allows students to defer the 2-year initial bright futures award period and the 5-year renewal period until the student completes the religious or service obligation. The bill also alters the community service requirement and eliminates the high score requirement on ACT and SAT for homeschooled students. The bill was passed unanimously by this committee. Priority Bill Report Performance Based Funding Bills SB 524 - Relating to State University System Performance-based Incentives Actions Date Chamber Action 10/14/15 SENATE Filed 10/21/15 SENATE Referred to Higher Education; Appropriations Subcommittee on Education; Appropriations 11/09/15 SENATE On Committee agenda - Higher Education, 11/17/15, 10:00 am, 412 K 11/17/15 SENATE Favorable with CS by Higher Education; 9 Yeas, 0 Nays 11/19/15 SENATE SENATE Committee Substitute Text (C1) Filed Now in Appropriations Subcommittee on Education 11/23/15 SENATE On Committee agenda - Appropriations Subcommittee on Education, 12/03/15, 3:30 pm, 412 K 12/03/15 SENATE Favorable with CS by Appropriations Subcommittee on Education; 6 Yeas, 1 Nay 12/07/15 SENATE Now in Appropriations SB 524 codifies and modifies performance based funding for the colleges and universities and educator liability insurance program by: Requiring the Board of Governors (BOG) to adopt a regulation implementing the State University System Performance-Based Incentive Program. The program must include wage thresholds that reflect the added value of a baccalaureate degree and minimum performance funding eligibility thresholds that, if not met, will make an institution ineligible for the state’s investment in performance funding. Likewise, any institution that fails to meet the threshold for the institutional investment will have its entire institutional investment withheld. The ability for a state university to submit an improvement plan to the BOG, in an effort to restore its institutional investment, is limited to one fiscal year. Requiring the State Board of Education (SBE or state board) to establish performance-based metrics for the Florida College System (FCS) and minimum performance funding eligibility thresholds that, if any FCS institution does not meet, will make the institution ineligible for a share of the state’s investment in performance funding. Likewise, any FCS institution that fails to meet the threshold for the institutional investment shall have a portion of its institutional investment withheld. Eliminating the July 1, 2016, expiration date of the educator liability insurance program that provides a minimum of $2 million in liability coverage for all full-time public school instructional personnel. The bill also amends the preeminent state research universities program, to require the BOG to designate each state university that meets at least six of the 12 academic and research excellence standards identified in law as an “emerging preeminent state research university.” The bill modifies the academic and research excellence standards of the preeminent state research universities program and establishes funding parameters for universities designated as “preeminent” or “emerging preeminent.” HB 7043 - Relating to Education Actions Date Chamber Action 12/03/15 HOUSE Filed (Formerly PCB EDC3) 12/18/15 HOUSE HOUSE Referred to Education Appropriations Subcommittee Now in Education Appropriations Subcommittee The bill maintains the following programs created in the 2015-2016 General Appropriations Act by: Requiring the Board of Governors (BOG) to adopt a regulation implementing the State University System Performance-Based Incentive Program. The program must include wage thresholds that reflect the added value of a baccalaureate degree and minimum performance funding eligibility thresholds that, if not met, will make an institution ineligible for the state’s investment in performance funding. Likewise, any institution that fails to meet the threshold for the institutional investment will have its entire institutional investment withheld. The ability for a state university to submit an improvement plan to the BOG, in an effort to restore its institutional investment, is limited to one fiscal year. Requiring the State Board of Education (SBE) to establish, by rule, performance-based metrics for the Florida College System that must include retention; program completion and graduation rates; postgraduation employment, salaries, and continuing education for workforce education and baccalaureate degree programs, with wage thresholds that reflect the added value of the certificate or degree; and outcome measures appropriate for associate degree recipients. The SBE must establish minimum performance funding eligibility thresholds that, if any FCS institution does not meet, will make the institution ineligible for a share of the state’s investment in performance funding. Likewise, any FCS institution that fails to meet the threshold for the institutional investment shall have a portion of its institutional investment withheld. Each FCS institution’s share of performance funding is calculated based on its relative performance on the established metrics in conjunction with the institution’s size and scope. Eliminating the July 1, 2016, expiration date of the educator liability insurance program that provides a minimum of $2 million in liability coverage for all full-time public school instructional personnel. Establishing, in law, the “Best and Brightest Teacher Scholarship Program” that provides $10,000 to highly rated teachers who achieved certain ACT or SAT scores. Once a teacher is deemed eligible by the school district, including a teacher deemed eligible in the 2015-2016 fiscal year, the teacher remains eligible as long as he or she is employed by the school district and maintains a highly effective rating or, if a first-year teacher, is rated highly effective. As part of the educator liability insurance program, the bill prohibits postsecondary educational institutions and school districts from requiring a student participating in a clinical field experience to purchase liability insurance as a condition of participation. The bill also amends the Preeminent State Research Universities Program to require the Board of Governors to designate each state university that meets at least six of the 12 academic and research excellence standards identified in law as an “emerging preeminent state research university.” The bill modifies the academic and research excellence standards of the preeminent state research universities program and establishes funding parameters for universities designated as “preeminent” or “emerging preeminent.” Access and Affordability HB 7019 - Relating to Postsecondary Access and Affordability Actions Date Chamber Action 11/18/15 HOUSE Filed (Formerly PCB HEWS1) 11/23/15 HOUSE HOUSE Referred to Education Appropriations Subcommittee; Education Committee Now in Education Appropriations Subcommittee 11/24/15 HOUSE On Committee agenda - Education Appropriations Subcommittee, 12/01/15, 3:30 pm, 17 H 12/01/15 HOUSE HOUSE Favorable by Education Appropriations Subcommittee; 12 Yeas, 0 Nays Now in Education Committee Promotes college affordability by: Requiring public postsecondary institutions to publicly notice any proposal to increase tuition or fees at least 28 days prior to consideration by the board of trustees. Eliminating the ability for state universities to seek approval from the Board of Governors (BOG) for an increase in the tuition differential fee. Clarifying that preeminent universities may increase the tuition differential by no more than 6 percent only if they meet specific performance benchmarks established by the BOG. Removing the requirement that seventy percent of revenues generated by the tuition differential fee be spent on undergraduate education. Removing the authority for the BOG to delegate the establishment of tuition for graduate and professional programs and out-of-state fees to the university boards of trustees. Requiring the SBE and the BOG to annually identify strategies and initiatives to promote college affordability (including the impact of tuition and fees, financial aid policies, and textbook costs) and submit an annual report to the Governor, Senate President, and Speaker of the House of Representatives. Enhancing the current textbook affordability law to provide students with sufficient time and information to seek out the lowest available prices by: o Authorizing state universities and Florida College System institutions to create innovative price structures for instructional materials by incorporating the cost of integrated digital materials into the cost of specific courses. o Requiring public postsecondary institutions to conduct cost benefit analyses and report annually to chancellors on implementation of textbook affordability policies; o Requiring chancellors to summarize institutional reports and submit a summary to SBE and BOG respectively; and o Requiring public postsecondary institution boards of trustees to report, by semester, the cost variance among sections and length of time textbooks and other materials are in use for all general education courses. This provision expires July 1, 2018. o SB 984 - Relating to Education Access and Affordability Actions Date Chamber Action 12/01/15 SENATE Filed 12/11/15 SENATE Referred to Higher Education; Appropriations Subcommittee on Education; Appropriations 01/04/16 SENATE On Committee agenda - Higher Education, 01/11/16, 1:30 pm, 412 K 01/11/16 SENATE Favorable with CS by Higher Education; 9 Yeas, 0 Nays 01/13/16 SENATE Committee Substitute Text (C1) Filed 01/14/16 SENATE Now in Appropriations Subcommittee on Education SB 984 modifies requirements related to higher education textbooks and instructional materials affordability and promotes public awareness on higher education costs. Specifically, the bill: Expands textbook provisions to include instructional materials. Modifies the textbook and instructional materials affordability policies, procedures, and guidelines adopted by the State Board of Education and the Board of Governors for the State University System of Florida to include new issues and specifies reporting requirements regarding textbooks and instructional materials. Establishes college affordability provisions to identify strategies and initiatives to reduce the cost of higher education, and specifies annual reporting requirements regarding college affordability. Establishes notification requirements to inform students and the public, clearly and specifically, about any upcoming institutional boards of trustees meeting at which a vote will be taken on proposed increases in tuition and fees. Rapid Response Training Program SB 836 - Relating to Rapid Response Education and Training Program Actions Date Chamber Action 11/12/15 SENATE Filed 11/19/15 SENATE Referred to Higher Education; Appropriations Subcommittee on Education; Appropriations 01/04/16 SENATE On Committee agenda - Higher Education, 01/11/16, 1:30 pm, 412 K - Workshop (no vote to be taken) 01/11/16 SENATE Workshopped by Higher Education (no vote taken) SB 836 creates the Rapid Response Education & Training Program to award competitive grants through the Complete Florida Plus Program at the University of West Florida to any public/private education and training program providers for enhancing business and industry recruitment and retention efforts. SB 726 - Relating to Career and Adult Education Actions Date Chamber Action 11/03/15 SENATE Filed 11/18/15 SENATE Referred to Higher Education; Appropriations Subcommittee on Education; Appropriations 01/04/16 SENATE On Committee agenda - Higher Education, 01/11/16, 1:30 pm, 412 K - Workshop (no vote to be taken) 01/11/16 SENATE Workshopped by Higher Education (no vote taken) SB 726 creates the Rapid Response Grant Program to award competitive grants through the Department of Education to career centers for expanding or implementing high-demand postsecondary programs. Bright Futures SB 520 - Relating to Florida Bright Futures Scholarship Program Actions Date Chamber Action 10/13/15 SENATE Filed 10/21/15 SENATE Referred to Higher Education; Appropriations Subcommittee on Education; Fiscal Policy 11/09/15 SENATE On Committee agenda - Higher Education, 11/17/15, 10:00 am, 412 K 11/17/15 SENATE Favorable by Higher Education; 9 Yeas, 0 Nays 11/18/15 SENATE Now in Appropriations Subcommittee on Education 11/23/15 SENATE On Committee agenda - Appropriations Subcommittee on Education, 12/03/15, 3:30 pm, 412 K 12/03/15 SENATE Favorable with CS by Appropriations Subcommittee on Education; 7 Yeas, 0 Nays 12/07/15 SENATE Now in Fiscal Policy 01/11/16 SENATE On Committee agenda - Fiscal Policy, 01/14/16, 10:45 am, 412 K - PCS 01/14/16 SENATE Favorable with CS by Fiscal Policy; 10 Yeas, 0 Nays 01/15/16 SENATE Committee Substitute Text (C1) Filed SB 520 modifies the permissible activities in which a student can participate to meet the service work requirements for Florida Bright Futures Scholarship Program awards, allows an eligible student to defer the award while participating in a full-time religious or service obligation, repeals the higher SAT or ACT score requirement for home education students, and creates the Florida Gold Seal CAPE-Vocational Scholars award as an alternative to the current Florida Gold Seal Vocational award. HB 793 - Relating to Florida Bright Futures Scholarship Program Actions Date Chamber Action 11/30/15 HOUSE Filed 12/10/15 HOUSE Referred to Higher Education & Workforce Subcommittee; Education Appropriations Subcommittee; Education Committee Now in Higher Education & Workforce Subcommittee HOUSE 01/11/16 HOUSE On Committee agenda - Higher Education & Workforce Subcommittee, 01/13/16, 1:00 pm, 102 H 01/13/16 HOUSE Favorable by Higher Education & Workforce Subcommittee; 11 Yeas, 0 Nays 01/14/16 HOUSE Now in Education Appropriations Subcommittee The bill modifies the initial eligibility period for the Florida Bright Futures Scholarship Program for students who are unable to accept an award due to full-time religious or service obligations lasting at least 18 months. Eligible students can defer the 2-year initial award period and the 5-year renewal period until the student completes the religious or service obligation. The organization sponsoring the full-time religious or service obligation must be a federal government service organization or satisfy the Internal Revenue Code’s requirements for nonprofit status. The bill also modifies student community service work requirements for eligibility for the Florida Bright Futures Scholarship Program awards, including Florida Academic Scholars (FAS), Florida Medallion Scholars (FMS), and the Florida Gold Seal Vocational Scholars (FGSVS) awards. The number of community service hours required for each Bright Futures award remains unchanged, however the requirements for community service are revised by: Clarifying that community service work must be volunteer work and prohibits any student from receiving remuneration or academic credit for such work; Expanding volunteer service work areas to include a civic issue or a professional area of interest; Providing that volunteer work may include, but not be limited to, a business or government internship, employment with a nonprofit community service organization, or activity on behalf of a candidate for public office; and Establishing accountability requirements for student volunteer work that includes documentation in writing by the student, the student’s parent, and a representative of the organization for which the student worked. The bill also eliminates references to outdated eligibility requirements for the FAS and FMS awards, and removes the differentiated standardized test score requirement for home education students whose parents cannot document a college-preparatory curriculum. Concealed Weapons on Campus HB 4001 - Relating to Licenses to Carry Concealed Weapons or Firearms Actions Date Chamber Action 08/03/15 HOUSE Filed 08/27/15 HOUSE HOUSE Referred to Criminal Justice Subcommittee; Higher Education & Workforce Subcommittee; Judiciary Committee Now in Criminal Justice Subcommittee 09/09/15 HOUSE On Committee agenda - Criminal Justice Subcommittee, 09/16/15, 10:30 am, 404 H 09/16/15 HOUSE HOUSE Favorable by Criminal Justice Subcommittee; 8 Yeas, 5 Nays Now in Higher Education and Workforce Subcommittee 10/28/15 HOUSE On Committee agenda - Higher Education & Workforce Subcommittee, 11/04/15, 8:00 am, 102 H 11/04/15 HOUSE HOUSE Favorable by Higher Education & Workforce Subcommittee; 10 Yeas, 3 Nays Now in Judiciary Committee 11/12/15 HOUSE On Committee agenda - Judiciary Committee, 11/19/15, 9:00 am, 404 H 11/19/15 HOUSE HOUSE Favorable by Judiciary Committee; 13 Yeas, 5 Nays Placed on Calendar Currently, it is prohibited for persons who have valid concealed weapons or concealed firearms licenses from carrying a concealed weapon or firearm into any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes which does not fire a dart or projectile. The bill repeals the statute to authorize persons who have a valid concealed weapons or concealed firearms license to carry a concealed weapon or firearm into any college or university facility. SB 68 - Relating to Licenses to Carry Concealed Weapons or Firearms Actions Date Chamber Action 08/03/15 SENATE Filed 08/19/15 SENATE Referred to Criminal Justice; Higher Education; Judiciary; Rules 09/09/15 SENATE On Committee agenda - Criminal Justice, 09/16/15, 9:00 am, 37 S 09/16/15 SENATE Favorable by Criminal Justice; 3 Yeas, 2 Nays 09/17/15 SENATE Now in Higher Education 10/12/15 SENATE On Committee agenda - Higher Education, 10/20/15, 9:00 am, 412 K 10/20/15 SENATE Favorable by Higher Education; 5 Yeas, 3 Nays 10/21/15 SENATE Now in Judiciary Identical to HB 4001 Archeological Artifacts HB 803 - Relating to Historic and Archaeological Artifacts Actions Date Chamber Action 11/30/15 HOUSE Filed 12/10/15 HOUSE Referred to Economic Development & Tourism Subcommittee; Transportation & Economic Development Appropriations Subcommittee; Economic Affairs Committee Now in Economic Development & Tourism Subcommittee HOUSE 01/14/16 HOUSE On Committee agenda - Economic Development & Tourism Subcommittee, 01/19/16, 1:30 pm, 12 H Under Florida law, the Division of Historical Resources of the Department of State (Division) is responsible for protecting historical resources abandoned on state-owned lands or on state-owned sovereignty submerged lands. In addition to many other powers authorized by law to carry out such responsibility, Florida Statutes authorize the Division to “implement a program to administer finds of isolated historic artifacts from state owned river bottoms whereby the Division may transfer ownership of such artifacts to the finder in exchange for information about the artifacts and the circumstances and location of their discovery.” Currently, no such program exists. Moreover, any person that removes or attempts to remove or defaces, destroys, or otherwise alters historical resources on state land without a permit is subject to criminal penalties. The only permits presently available are reserved for professional archaeologists for field investigations and other professional or educational research and commercial salvors for exploration and salvage of historic shipwreck sites. The bill requires the Division to implement a program to administer the discovery of isolated historic or archaeological artifacts from sovereignty submerged lands. The program must, at a minimum, include the following: an application for an annual permit and an application fee of $100; a written agreement to report all discovered and removed artifacts to the Division within 14 days after the discovery and removal, along with a map indicating the location of the discovery and photographs of the artifacts, and to allow the Division to inspect, analyze, and photograph any such artifacts; a requirement that tools may not be used for the excavation of any isolated artifacts, except that a trowel or hand-held implement may be used to extract exposed artifacts from a packed matrix in a river or lake bottom; a map, that must be provided to an applicant with the issuance of a permit, of clearly defined areas and sites that are excluded from excavation activities; authorization to transfer ownership rights for discovered artifacts to the permit-holder; penalties for violations of program requirements, including, but not limited to, an administrative fine of up to $1,000 and forfeiture of the permit and ownership rights for any artifacts discovered under the program. SB 1054 - Relating to Historic and Archaeological Artifacts Actions Date Chamber Action 12/04/15 SENATE Filed 12/17/15 SENATE Referred to Governmental Oversight and Accountability; Appropriations Subcommittee on Transportation, Tourism, and Economic Development; Fiscal Policy Identical to HB 803.