Florida 2022 2022 Regular Session

Florida House Bill H6067 Analysis / Analysis

Filed 02/08/2022

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h6067c.HEA 
DATE: 2/8/2022 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: HB 6067    William L. Boyd, IV, Effective Access to Student Education Grant Program 
SPONSOR(S): Fine & others 
TIED BILLS:  None IDEN./SIM. BILLS: CS/SB 1034 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Post-Secondary Education & Lifelong Learning 
Subcommittee 
15 Y, 0 N Sleap Kiner 
2) Higher Education Appropriations Subcommittee 13 Y, 0 N Peters Smith 
3) Education & Employment Committee   
SUMMARY ANALYSIS 
The William L. Boyd, IV, Effective Access to Student Education (EASE) tuition assistance grant program 
provides tuition assistance to Florida undergraduate students attending an eligible private, non-profit Florida 
college or university. Currently, 34 institutions participate in the grant program. 
 
In Fiscal Year 2021-2022, the Legislature appropriated $114,861,630 million to EASE to support 40,430 
eligible students at an award amount per student of $2,841.  
 
A Florida undergraduate student attending an eligible private, for-profit Florida college or university was 
previously eligible for tuition assistance under the Access to Better Learning and Education (ABLE) Tuition 
Assistance Grant Program until its repeal by the Legislature in 2021. 
 
The bill revises the institutional eligibility requirements to participate in EASE, by repealing the requirement that 
an institution be a nonprofit in order to participate in the grant program.  
 
The fiscal impact of the bill is indeterminate. See Fiscal Comments. 
 
The bill takes effect on July 1, 2022. 
   STORAGE NAME: h6067c.HEA 	PAGE: 2 
DATE: 2/8/2022 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Florida Tuition Assistance Grant Programs 
 
Present Situation 
 
William L. Boyd, IV, Effective Access to Student Education (EASE) Tuition Assistance Grant Program 
 
The William L. Boyd, IV, Effective Access to Student Education (EASE) program
1
 provides tuition 
assistance to Florida undergraduate students attending an eligible private, non-profit Florida college or 
university.
2
 The program is not related to a student’s financial need or other criteria upon which 
financial aid programs are based.
3
 The program is administered by the Department of Education 
(DOE)
4
 with the following parameters:  
 Student initial eligibility requirements:
5
 
o Must be a resident of Florida and meet the eligibility requirements for receipt of state 
aid.
6
 
o Must be enrolled as a full-time undergraduate student at an eligible college or university 
in a program of study leading to a baccalaureate degree.
7
 
o Must not be enrolled in a program of study leading to a degree in theology or divinity. 
o Must be making satisfactory academic progress as defined by the State Board of 
Education. 
o Must not have completed more than 110 percent of the degree program in which the 
student is enrolled. 
 Institutional eligibility requirements:
8
 
o Must be an independent nonprofit college or university. 
o Must be located in and chartered by the state of Florida. 
o Must be accredited by the Commission on Colleges of the Southern Association of 
Colleges and Schools (SACSCOC). 
o Must grant baccalaureate degrees. 
o Must not be a state university or Florida College System (FCS) institution. 
o Must have a secular purpose, so long as the receipt of state aid by students at the 
institution would not have the primary effect of advancing or impeding religion or result in 
an excessive entanglement between the state and any religious group. 
 
Funding for the EASE program is appropriated in the General Appropriations Act (GAA).
9
 Award 
disbursements may be prorated if the funds available are insufficient to provide a full award to all 
eligible students.
10
 In Fiscal Year (FY) 2021-2022, the Legislature appropriated $114,861,630 million for 
EASE to support 40,430 eligible students at an award amount of $2,841 per student for tuition 
assistance.
11
 Currently, 34 institutions participate in EASE.
12
 
                                                
1
 Section 471, ch. 2002-387, L.O.F.; the EASE program was formerly known as the Florida Resident Access Grant, or FRAG. 
2
 Section 1009.89(3)-(4), F.S. 
3
 Section 1009.89(1), F.S. 
4
 Section 1009.89(2), F.S.; See also Rule 6A-20.007, F.A.C. 
5
 Section 1009.89(4)(a)-(b), F.S. 
6
 Section 1009.89(4)(a), F.S. See also s. 1009.40, F.S. 
7
 The student may not have previously received a baccalaureate degree. Florida Department of Education, Office of Student Financial 
Assistance, EASE 2021-22 End of Year Fact Sheet, at 1, available at 
https://www.floridastudentfinancialaidsg.org/PDF/factsheets/EASE.pdf  
8
 Section 1009.89(3), F.S. 
9
 Section 1009.89(5)(a), F.S.  
10
 Specific Appropriation 64, s. 2, ch. 2021-36, L.O.F.  
11
 Id.  
12
 Florida Department of Education, Presentation to the Higher Education Appropriations Subcommittee (Oct. 21, 2021), at 18, 
available at  STORAGE NAME: h6067c.HEA 	PAGE: 3 
DATE: 2/8/2022 
  
 
All institutions that receive EASE funding are required to submit an annual accountability report to the 
DOE with the most recently available information on Florida resident students and include, at a 
minimum, the following performance metrics, by institution:
 13
 
 Access rate based upon percentage of Pell-eligible students; 
 Affordability rate based upon average student load debt; federal, state, and institutional financial 
assistance; and average tuition and fees; 
 Graduation rate; 
 Retention rate; and 
 Postgraduate employment or continuing education rate. 
 
The DOE must recommend minimum performance standards that EASE institutions must meet to 
remain eligible to receive grant funding.
14
 By October 1 of each year, the DOE must submit a report to 
the chair of the House Appropriations Committee, the chair of the Senate Appropriations Committee, 
and the Governor’s Office of Policy and Budget on the performance of eligible institutions and the 
institutions which have not met the minimum performance standards recommended by the 
department.
15
 
 
During the October 2021 reporting period, the DOE recommended the following performance 
standards: 
 
Ease Eligibility Metric Benchmark 
Access Rate 	53% 
Affordability Rate 	$6,343 
Graduation Rate 	53% 
Retention Rate 	68% 
Postgraduate Employment/Continuing 
Education Rate  
49% 
 
 
In 2021, the Legislature established additional requirements for postsecondary educational institutions 
that receive state funds for state financial aid and tuition assistance programs.
16
 The new requirements 
include, but are not limited to, the following:
17
 
 Maintenance of complete, accurate, and auditable records documenting the institution’s 
administration of state financial aid and tuition assistance funds. 
 Verification of student eligibility with the DOE each academic term. 
 Timely completion of reporting requirements implemented by the DOE and the Legislature. 
 Retention of records for the later of 5 years or until the completion of an audit (including the 
resolution of any audit exceptions). 
 
The DOE is required to adopt rules implementing the new requirements and is permitted to adopt 
higher standards than those in statute.
18
 Institutions that fail to comply must be placed on probationary 
status and may be suspended or revoked if they fail to provide required audits, fail to resolve audit 
findings, or fail to timely provide required reports.
19
 
 
The Access to Better Learning and Education (ABLE) Tuition Assistance Grant Program 
 
                                                
https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3089&Session=20
22&DocumentType=Meeting+Packets&FileName=hea+10-21-21.pdf.  
13
 Section. 4, ch. 2021-46, L.O.F., codified at s. 1009.89(5)(c), F.S. 
14
 Section 1009.89(5)(c), F.S. (flush left provision at the end of the subparagraph) 
15
 Section 1009.89(5)(d), F.S. 
16
 Chapter 2021-232, L.O.F. 
17
 Section 1009.46(1), F.S. 
18
 Section 1009.46(2), F.S. 
19
 Section 1009.46(3), F.S.  STORAGE NAME: h6067c.HEA 	PAGE: 4 
DATE: 2/8/2022 
  
In 2003, the Legislature established the Access to Better Learning and Education (ABLE) Tuition 
Assistance Grant Program.
20
 The grant program provided tuition assistance to Florida undergraduate 
students at eligible institutions until its repeal by the Legislature in 2021.
21
  
 
Previously under ABLE, Florida undergraduate students attending an eligible private, for-profit Florida 
college or university or an eligible non-profit college or university were eligible for tuition assistance.
22
 
The program was not related to a student’s financial need or other criteria upon which financial aid 
programs are based.
23
  The grant program was administered by the DOE with the following parameters: 
 Student eligibility requirements:
24
 
o Must be a resident of Florida and meet the eligibility requirements for receipt of state aid.  
o Must be enrolled as a full-time undergraduate student at an eligible college or university 
in a program of study leading to a baccalaureate degree. 
o Must not be enrolled in a program of study leading to a degree in theology or divinity. 
o Must be making satisfactory academic progress as defined by the college or university in 
which they are enrolled 
 Institutional eligibility requirements:
25
 
o For-profit college or university 
 Must be located in and chartered by the state of Florida. 
 Must be accredited by the SACSCOC . 
o Nonprofit college or university 
 Must be chartered out of the state. 
 Must have been located in the state for 10 years or more. 
 Must be accredited by one of the following: 
 SACSCOC;  
 Middle States Association of Colleges and Schools; 
 North Central Association of Colleges and Schools; or  
 New England Association of Colleges and Schools. 
o Must grant baccalaureate degrees. 
o Must not be a state university or FCS institution. 
o Must have a secular purpose, so long as the receipt of state aid by students at the 
institution would not have the primary effect of advancing or impeding religion or result in 
an excessive entanglement between the state and any religious group. 
 
In the FY 2020-21 GAA, the Legislature appropriated $5,025,729 for ABLE to support 1,769 eligible 
students with an average award amount per student of $2,841 in tuition assistance.
26
 No funds were 
appropriated for this purpose in FY 2021-22. 
 
 
Effect of the Bill 
 
The bill repeals the requirement for an institution to be a nonprofit in order to be eligible to participate in 
the William L. Boyd, IV, Effective Access to Student Education (EASE) grant program.   
 
 
B. SECTION DIRECTORY: 
Section 1. Amends s. 1009.89, F.S.; revising the institutions a student must attend to receive an 
EASE grant to include certain for-profit independent colleges and universities. 
 
Section 2.  Provides an effective date of July 1, 2022. 
                                                
20
 Section 1, ch. 2003-65, L.O.F., codified at s. 1009.891  
21
 Section 5, ch. 2021-46, L.O.F. 
22
 Section 1009.891(3), F.S. (2020) repealed s. 5, ch. 2021-46, L.O.F. 
23
 Id. at (1) 
24
 Id. at (4)(a)-(b)  
25
 Id. at (3)  
26
 Specific Appropriation 64, s. 2, ch. 2020-111, L.O.F.  STORAGE NAME: h6067c.HEA 	PAGE: 5 
DATE: 2/8/2022 
  
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
See Fiscal Comments.  
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
The bill may provide a cost savings to eligible students by way of tuition assistance for those students 
who are enrolled in a postsecondary institution which may now be eligible to participate in the EASE 
grant program.  
 
D. FISCAL COMMENTS: 
The fiscal impact of the bill is indeterminate. By removing the nonprofit requirement for institutions to 
participate in the EASE program, the number of institutions and students that may be eligible to receive 
EASE grants would increase. 
 
It is estimated that one additional institution, Florida National University, will meet the eligibility 
requirements to receive EASE grant awards.
27
 In 2020-21, Florida National University disbursed 795 
ABLE awards.
28
 If all 795 ABLE award recipients were to receive fully funded/non-prorated EASE 
awards, the total amount disbursed would be $2,258,595. 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
None.  
 
 2. Other: 
None. 
 
B. RULE-MAKING AUTHORITY: 
None. 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
                                                
27
 The Southern Association of Colleges and Schools Commission on Colleges, Accredited and Candidate List (Jul, 2021), at 8, 
available at https://sacscoc.org/app/uploads/2019/11/Institutionswebmemlist.pdf  
28
 Florida Department of Education, Office of Student Financial Assistance, 2020-21 End of Year Reports – Access to Better Learning 
and Education Grant Program (ABLE) (Sept. 1, 2021), at 2, available at 
https://www.floridastudentfinancialaidsg.org/PDF/PSI/ABLE_2020_2021.pdf   STORAGE NAME: h6067c.HEA 	PAGE: 6 
DATE: 2/8/2022 
  
None. 
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
None.