Florida 2023 2023 Regular Session

Florida House Bill H1019 Analysis / Analysis

Filed 06/09/2023

                     
This document does not reflect the intent or official position of the bill sponsor or House of Representatives. 
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DATE: 6/9/2023 
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS  
 
BILL #: CS/HB 1019    Independent Postsecondary Educational Grants 
SPONSOR(S): Higher Education Appropriations Subcommittee, McClain and others 
TIED BILLS:   IDEN./SIM. BILLS:  
 
 
 
 
FINAL HOUSE FLOOR ACTION: 114 Y’s 
 
0 N’s GOVERNOR’S ACTION: Approved 
 
 
SUMMARY ANALYSIS 
CS/HB 1019 passed the House on May 3, 2023, as CS/SB 1272. 
 
The bill creates educational grants to students enrolled in certain independent nonprofit and for-profit colleges 
and universities. Specifically, the bill makes institutions that meet specified requirements eligible to receive 
funds from the Effective Access to Student Education (EASE) Grant program.  
 
The bill authorizes a Florida resident who meets general student financial aid requirements, is a, full-time, 
degree-seeking undergraduate student, who is registered at an independent nonprofit or for-profit college or 
university that meets specified requirements, to be eligible to receive an EASE grant.    
 
The bill has an indeterminate fiscal impact. See Fiscal Comments.   
 
The bill was approved by the Governor on May 17, 2023, ch. 2023-93, L.O.F., and became effective on that 
date.     
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FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF CHANGES: 
 
Background 
 
Effective Access to Student Education (EASE) Tuition Assistance Program 
 
The EASE (formerly known as the Florida Resident Access Grant, or FRAG) grant program is 
administered by the Department of Education (DOE)
1
 and provides funds towards the cost of tuition 
and fees for students who, among other things, meet general tuition assistance requirements in Florida 
law.
2
 Additionally, a student 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; and make satisfactory academic 
progress as defined by the State Board of Education.
3
 An EASE recipient may not have completed 
more than 110 percent of the degree program in which they are enrolled.
4
 A student’s receipt of an 
EASE grant is limited to 9 semesters or 14 quarters, except under specified conditions.
5
  
 
An EASE grant recipient must attend an independent nonprofit college or university that grants 
baccalaureate degrees and is located in and chartered by the state of Florida.
6
 The institution must be 
accredited by the Commission on Colleges of the Southern Association of Colleges and Schools.
7
 
 
An eligible student is prohibited from enrolling in a program of study leading to a degree in theology or 
divinity.
8
 And, an institution receiving EASE funds 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.”
9
  
 
A state university or Florida College System institution may not receive EASE funds for its students.  
 
All institutions that receive EASE funding are required to submit an annual accountability report to DOE 
with the most recently available information on Florida resident students and include, at a minimum, the 
following performance metrics, by institution:
10
 
 Access rate based upon percentage of Pell-eligible students. 
 Affordability rate based upon average student loan debt; federal, state, and institutional financial 
assistance; and average tuition and fees. 
 Graduation rate. 
 Retention rate. 
 Postgraduate employment or continuing education rate. 
 
                                                
1
 S. 1009.89(2), F.S. 
2
 See s. 1009.40, F.S. Recipients of an EASE grant must establish Florida residency for no less than 1 year preceding the 
award of a tuition assistance grant.  
3
 S. 1009.89(4), F.S. 
4
 Id.  
5
 S. 1009.89(5)(a), F.S. See s. 1009.40(3), F.S., authorizing undergraduate students participating in developmental 
education and students enrolled in a 5-year undergraduate degree program to receive financial aid for a maximum of 10 
semesters or 15 quarters. 
6
 S. 1009.89(3), F.S. 
7
 Id.  
8
 S. 1009.89(4)(b)2., F.S. 
9
 S. 1009.89(3), F.S.  
10
 S. 1009.89(5)(c), F.S.   
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Funding for the EASE grant program is appropriated in the General Appropriations Act (GAA).
11
 Award 
amounts may be prorated based on the number of students eligible to receive the award. As specified 
in the Fiscal Year (FY) 2022-2023 GAA, the Legislature appropriated funds to support 37,705 qualified 
Florida residents with an award of $2,000,
12
 at 34 EASE-eligible institutions. The total appropriation for 
FY 2022-23 was $75.4 million. 
 
Access to Better Learning and Education (ABLE) Tuition Assistance Program 
 
The ABLE grant program was administered by DOE and provided funds towards the cost of tuition and 
fees for students who, among other things, met general tuition assistance requirements in Florida law.
13
 
During the 2021 regular session, the Legislature repealed the statutory framework and eliminated 
funding for the program.
14
 
 
Student eligibility requirements for ABLE were similar to current EASE requirements in that a student 
had to be enrolled as a full-time undergraduate student at an eligible college or university in a program 
of study, other than theology or divinity, leading to a baccalaureate degree.
15
 A student’s receipt of an 
ABLE grant was limited to 9 semesters or 14 quarters, except under specified conditions.
16
 However, 
the ABLE grant program did not limit payment of tuition and fees only up to 110 percent of degree 
completion.  
 
Unlike the EASE program which is limited to independent nonprofit colleges and universities, the ABLE 
program also authorized student grant recipients to attend for-profit institutions as well. A for-profit 
institution receiving ABLE funds was required to be located in and chartered by the state of Florida and 
be accredited by the Commission on Colleges of the Southern Association of Colleges and Schools.
17
  
 
The ABLE grant program requirements for nonprofit colleges or universities that received funds were 
distinct from EASE requirements in that these institutions had to be chartered out of the state but 
located in Florida for 10 years or more.
18
 Because these institutions were chartered out of state, in 
addition to accreditation by the Commission on Colleges of the Southern Association of Colleges and 
Schools, they could also be accredited by: Middle States Association of Colleges and Schools; North 
Central Association of Colleges and Schools; or, New England Association of Colleges and Schools.
19
 
 
All institutions, for-profit and nonprofit, that received ABLE funds were required to grant baccalaureate 
degrees and 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.
20
 State universities and Florida College 
System institutions were prohibited from receiving ABLE funds for attending students.
21
 
 
                                                
11
 S. 1009.89(5), F.S. 
12
 See Specific Appropriation 58, ch. 2022-156, L.O.F.  
13
 S. 1009.891(4), F.S. (2020). See s. 1009.40, F.S. (2020). Recipients of an ABLE grant must establish Florida residency 
for no less than 1 year preceding the award of a tuition assistance grant. 
14
 Section 5, ch. 2021-46, L.O.F.  
15
 S. 1009.891(4), F.S. (2020). A student’s “satisfactory academic progress” was defined by the institution in which they 
were enrolled, not the State Board of Education, as is required in the EASE grant program. 
16
 S. 1009.891(5)(a), F.S. (2020) See s. 1009.40(3), F.S. (2020), authorizing undergraduate students participating in 
developmental education and students enrolled in a 5-year undergraduate degree program to receive financial aid for a 
maximum of 10 semesters or 15 quarters. 
17
 S. 1009.891(3), F.S. (2020). 
18
 Id.  
19
 Id.  
20
 Id. 
21
 Id.    
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Funding for the ABLE grant program was appropriated in the GAA.
22
 As specified in the FY 2020-21 
GAA, the last year for which ABLE funds were available, the Legislature provided funds to support 
1,769 eligible students with an average award of $2,841.
23
 The total appropriation for FY 2020-21 was 
$5 million.  
 
General Requirements for Student Elgibility for State Financial Aid Awards and Tuition Assistance 
Grants 
 
The general student eligibility requirements for state financial aid awards and tuition assistance grants 
include gaining acceptance to an accredited postsecondary institution; being a Florida resident for at 
least one year; and attesting to the accuracy of information provided to determine eligibility.
24
 
 
The general requirements for renewal of awards and grants include maintaining a minumim grade point 
average; earning a minimum number of credits; and making satisfactory academic progress as 
determined by the department.
25
 
 
Additionally, a student’s receipt of an award or grant pursuant to s. 1009.40, F,S., is limited to 8 
semesters or 12 quarters, except under specified conditions.
26
 
 
Effect of Changes 
 
The bill creates an additional eligibility process for certain nonprofit and for-profit colleges and 
universities to receive EASE funds for grants to any full-time degree-seeking undergraduate student 
who is registered at an institution that meets the requirements outlined below. Pursuant to s. 1009.40, 
F.S., students must also meet general student eligibility requirements for state financial aid, including 
residency requirements, and be enrolled full-time in a program of study leading to a baccalaureate 
degree. 
  
To be eligible, an independent nonprofit college or university must: 
 Offer nursing programs at its Florida campus, including practical nursing programs, registered 
nursing programs, or accelerated and bridge nursing programs that lead to an associate’s and 
bachelor’s degree, and be accredited by the Higher Learning Commission. 
 Have a secular purpose. The receipt of state aid by students at the college or university may not 
have the primary effect of advancing or impeding religion, or result in an excessive 
entanglement between the state and any religious sect. 
 Notify DOE in writing of its decision to apply for the grant no later than September 1, 2023, and 
comply with the reporting requirements outlined for EASE. 
 
Qualifying nonprofit colleges and universities must have been eligible for the ABLE Grant Program as 
of January 1, 2021, and have been located in Florida for more than 20 years. Such institutions may not 
be state universities or Florida College System institutions.  
 
                                                
22
 S. 1009.891(7), F.S. (2020).  
23
 See Specific Appropriation 64, ch. 2020-111, L.O.F.  
24
 S. 1009.40(1)(a), F.S. 
25
 S. 1009.40(1)(b), F.S. 
26
 S. 1009.40(3), F.S.   
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To be eligible, an independent for-profit college or university must: 
 Have a level 6 accreditation from the Commission on Colleges of the Southern Association of 
Colleges and Schools. 
 Be located in and chartered by the state of Florida. 
 Have a secular purpose. The receipt of state aid by students at the college or university may not 
have the primary effect of advancing or impeding religion, or result in an excessive 
entanglement between the state and any religious sect. 
 Notify DOE in writing of its decision to apply for the grant no later than September 1, 2023, and 
comply with the reporting requirements outlined for EASE. 
 
Qualifying for-profit colleges and universities must have been licensed by DOE on or before October 1, 
2021. Such institutions may not be state universities or Florida College System institutions. 
 
The bill specifies that institutions eligible for an EASE grant are outside the jurisdiction of, and not 
subject to licensure by, the Commission for Independent Education. 
 
 
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 save students money and increase access to postsecondary opportunities by authorizing 
DOE to award additional educational grants. 
 
D. FISCAL COMMENTS: 
The fiscal impact of the bill is estimated to be $2.8 million. By authorizing additional institutions to meet 
eligibility requirements under the EASE Grant Program, the estimated number of additional students 
who may qualify is 800.  
 
The conference report on the FY 2023-24 GAA provides $2.8 million to implement provisions of the bill 
at $3,500 per student.