CS/CS/HB 1247 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1247-02-c2
Page 1 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to William L. Boyd, IV, Effective 2
Access to Student Education grants; amending s. 3
1005.06, F.S.; repealing an exemption to licensure by 4
the Commission for Independent Education for 5
institutions eligible to participate in the William L. 6
Boyd, IV, Effective Access to Student Education Grant 7
Program; amending s. 1009.89, F.S.; revising 8
legislative findings; providing that tuition 9
assistance through the program shall be based on 10
specified performance metrics and tiers beginning in a 11
specified fiscal year; revising eligibility criteria 12
for institutions to participate in the program; 13
revising the requirements for a specified report 14
institutions must annually submit; providing 15
requirements for a certain written disclosure; 16
providing for annual minim um performance benchmarks 17
and standards beginning with a specified General 18
Appropriations Act; providing requirements for such 19
benchmarks and standards; requiring the legislature to 20
annually adopt benchmarks and standards for specified 21
purposes and evaluat e institutions based on such 22
benchmarks for tier placement beginning with a 23
specified General Appropriations Act; providing 24
funding requirements for such institutions based on 25
CS/CS/HB 1247 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1247-02-c2
Page 2 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
such tiers beginning with a specified General 26
Appropriations Act; authorizing th e Department of 27
Education to award grants to students enrolled at 28
certain colleges and universities; providing 29
requirements for such colleges and universities; 30
amending ss. 464.019, 1005.03, 1005.04, 1005.21, and 31
1005.31, F.S.; conforming cross -references to changes 32
made by the act; providing effective dates. 33
34
Be It Enacted by the Legislature of the State of Florida: 35
36
Section 1. Effective January 1, 2024, paragraph (c) of 37
subsection (1) of section 1005.06, Florida Statutes, is amended 38
to read: 39
1005.06 Institutions not under the jurisdiction or purview 40
of the commission.— 41
(1) Except as otherwise provided in law, the following 42
institutions are not under the jurisdiction or purview of the 43
commission and are not required to obtain licensure: 44
(c) Any institution that is under the jurisdiction of the 45
Department of Education, eligible to participate in the William 46
L. Boyd, IV, Effective Access to Student Education Grant Program 47
and that is a nonprofit independent college or university 48
located and chartered in this state and accredited by the 49
Commission on Colleges of the Southern Association of Colleges 50
CS/CS/HB 1247 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1247-02-c2
Page 3 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and Schools to grant baccalaureate degrees. 51
Section 2. Section 1009.89, Florida Statutes, is amended 52
to read: 53
1009.89 The William L. Boyd, IV, Eff ective Access to 54
Student Education grants. — 55
(1) The Legislature finds and declares that independent 56
nonprofit colleges and universities eligible to participate in 57
the William L. Boyd, IV, Effective Access to Student Education 58
Grant Program are an integra l part of the higher education 59
system in this state and that a significant number of state 60
residents choose this form of higher education. The Legislature 61
further finds that a strong and viable system of high-performing 62
independent nonprofit colleges and universities reduces the tax 63
burden on the citizens of the state. Because the William L. 64
Boyd, IV, Effective Access to Student Education Grant Program is 65
not related to a student's financial need or other criteria upon 66
which financial aid programs are based , it is the intent of the 67
Legislature that the William L. Boyd, IV, Effective Access to 68
Student Education Grant Program not be considered a financial 69
aid program but rather a tuition assistance program for its 70
citizens. Beginning in fiscal year 2024 -2025 and thereafter, 71
such tuition assistance shall be tiered based on each eligible 72
institution's performance metrics. 73
(2) The William L. Boyd, IV, Effective Access to Student 74
Education Grant Program shall be administered by the Department 75
CS/CS/HB 1247 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1247-02-c2
Page 4 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of Education. The St ate Board of Education shall adopt rules for 76
the administration of the program. 77
(3) An institution is eligible to participate in the 78
department shall issue through the program a William L. Boyd, 79
IV, Effective Access to Student Education grant program if the 80
institution meets all of the following criteria: 81
(a)1. Is licensed by the Commission for Independent 82
Education; or 83
2. Has applied to the Commission for Independent Education 84
for licensure by September 1, 2023. This subparagraph is 85
repealed January 1, 2024. 86
(b) Has a secular purpose, so long as the receipt of state 87
aid by students at the college or university may not have the 88
primary effect of advancing or impeding religion, or result in 89
an excessive entanglement between the state and any religious 90
sect. 91
(c) Is in compliance with the reporting, disclosure, and 92
transparency requirements of this section and other general law. 93
(d) Meets one of the following requirements: 94
1. Is to any full-time degree-seeking undergraduate 95
student registered at an independent nonprofit college or 96
university which is located in and chartered by the state; which 97
is accredited by the Commission on Colleges of the Southern 98
Association of Colleges and Schools; which grants baccalaureate 99
degrees; and which is not a state university or Florida College 100
CS/CS/HB 1247 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1247-02-c2
Page 5 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
System institution; 101
2. Is an independent nonprofit college or university that 102
was eligible for the Access to Better Learning and Education 103
Grant Program as of January 1, 2021, and meets all of the 104
following criteria: 105
a. Has been located in the state for more than 20 years. 106
b. Offers at least one nursing program at its campus, 107
including practical nursing programs, registered nursing 108
programs, or advanced practice registered nursing programs. 109
c. Is accredited by the H igher Learning Commission. 110
d. Has notified the department in writing of its decision 111
to apply for the grant no later than September 1, 2023; or 112
3. Is an independent for -profit college or university that 113
meets all of the following criteria: 114
a. Has a level 6 accreditation from the Southern 115
Association of Colleges and Schools Commission on Colleges. 116
b. Is located in and charted by the state. 117
c. Was licensed by the department on or before October 1, 118
2021. 119
d. Has notified the department in writing of its decision 120
to apply for the grant no later than September 1, 2023 and which 121
has a secular purpose, so long as the receipt of state aid by 122
students at the institution would not have the primary effect of 123
advancing or impeding religion or result in an exc essive 124
entanglement between the state and any religious sect . 125
CS/CS/HB 1247 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1247-02-c2
Page 6 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(4) A person is eligible to receive such William L. Boyd, 126
IV, Effective Access to Student Education grant if: 127
(a) He or she meets the general requirements, including 128
residency, for student e ligibility as provided in s. 1009.40, 129
except as otherwise provided in this section. 130
(b)1. He or she is enrolled as a full -time undergraduate 131
student at an eligible college or university in a program of 132
study leading to a baccalaureate degree. 133
2. He or she is not enrolled in a program of study leading 134
to a degree in theology or divinity. 135
3. He or she is making satisfactory academic progress as 136
defined by the State Board of Education. 137
4. He or she has not completed more than 110 percent of 138
the degree program in which he or she is enrolled. 139
(5)(a) Funding for the William L. Boyd, IV, Effective 140
Access to Student Education Grant Program for eligible 141
institutions shall be as provided in the General Appropriations 142
Act. The William L. Boyd, IV, Effective A ccess to Student 143
Education grant may be paid on a prorated basis in advance of 144
the registration period. The department shall make such payments 145
to the college or university in which the student is enrolled 146
for credit to the student's account for payment of tuition and 147
fees. Institutions shall certify to the department the amount of 148
funds disbursed to each student and shall remit to the 149
department any undisbursed advances or refunds within 60 days of 150
CS/CS/HB 1247 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1247-02-c2
Page 7 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the end of regular registration. A student is not eligible to 151
receive the award for more than 9 semesters or 14 quarters, 152
except as otherwise provided in s. 1009.40(3). 153
(b) If the combined amount of the William L. Boyd, IV, 154
Effective Access to Student Education grant issued pursuant to 155
this act and all other sc holarships and grants for tuition or 156
fees exceeds the amount charged to the student for tuition and 157
fees, the department shall reduce the William L. Boyd, IV, 158
Effective Access to Student Education grant issued pursuant to 159
this act by an amount equal to suc h excess. 160
(c) By September 1 of each year, institutions receiving 161
funding as provided in the General Appropriations Act must 162
submit an Effective Access to Student Education Grant Program 163
Accountability Report to the Department of Education, in a 164
format prescribed by the department. The institution's president 165
or chief administrative officer shall certify in the report, 166
that the institution is in compliance with the reporting, 167
disclosure, and transparency requirements of this section and 168
other general law and that the institution has provided each 169
resident student with a written disclosure that includes data on 170
the institution's performance on the metrics listed in this 171
paragraph, the student's net cost to complete his or her degree, 172
and, for students that have declared a major, the declared 173
major's expected earnings outcomes 1, 5, and 10 years after 174
graduation. The written disclosure must be provided to each 175
CS/CS/HB 1247 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1247-02-c2
Page 8 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
resident student annually. The report must also use the most 176
recently available information on Flori da resident students and 177
include, at a minimum, the following performance metrics, by 178
institution: 179
1. Access rate based upon percentage of Pell Grant -180
eligible students. 181
2. Affordability rate based upon average student loan 182
debt; federal, state, and ins titutional financial assistance; 183
and average tuition and fees. 184
3. Graduation rate. 185
4. Retention rate. 186
5. Postgraduate employment or continuing education rate. 187
6. Workforce graduation rate based upon the percentage of 188
grant recipient graduates in hi gh-demand programs that are 189
included on the Department of Economic Opportunity or Labor 190
Market Estimating Conference lists for statewide or regional 191
demand as a percentage of total grant recipient graduates. 192
7. Workforce employment rate based on the perc entage of 193
grant recipient graduates who obtain employment in their field 194
of study within 120 days after graduation as a percentage of 195
total graduates employed within 120 days after graduation. 196
197
The department shall recommend minimum performance standards 198
that institutions must meet to remain eligible to receive grants 199
pursuant to this section. Each eligible institution shall post 200
CS/CS/HB 1247 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1247-02-c2
Page 9 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
prominently on its website, by October 1 of each year, its 201
performance on these metrics, as reported to the department. 202
(d) By October 1 of each year, the department shall submit 203
a report to the chair of the House Appropriations Committee, the 204
chair of the Senate Appropriations Committee, and the Governor's 205
Office of Policy and Budget on the performance of each eligible 206
institution. The report must also recommend annual minimum 207
performance benchmarks for the performance metrics in paragraph 208
(c) and strategies to ensure continuous improvement of eligible 209
institutions and the program. The minimum performance benchmarks 210
included in the report must increase annually. 211
(e) Beginning in fiscal year 2024 -2025 and thereafter, the 212
benchmarks and minimum standards for each benchmark are as 213
follows: 214
1. An access rate of 32 percent. 215
2. An affordability rate of $7,263. 216
3. A graduation rate of 45 percent. 217
4. A retention rate of 65 percent. 218
5. A postgraduate employment or continuing education rate 219
of 64 percent. 220
(f) Beginning with the 2024 -2025 General Appropriations 221
Act and thereafter, the Legislature must also consider each 222
institution's workforce employment rate when determining 223
institutional eligibility institutions and the institutions that 224
have not met the minimum performance standards recommended by 225
CS/CS/HB 1247 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1247-02-c2
Page 10 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the department. 226
(6) Beginning with the 2024 -2025 General Appropriation s 227
Act and thereafter, the Legislature shall adopt benchmarks and 228
minimum standards specified in the General Appropriations Act 229
and shall evaluate each institution's performance based on such 230
benchmarks and place each institution in one of three tiers for 231
the purpose of determining award amounts. 232
(a) The tiers are established as follows: 233
1. Tier 1: an institution that meets the requirements of a 234
Tier 2 institution and also meets or exceeds a workforce 235
graduation rate of 56 percent. 236
2. Tier 2: an insti tution that meets or exceeds at least 3 237
out of 5 benchmarks. 238
3. Tier 3: an institution that meets no more than 2 out of 239
5 benchmarks. 240
(b) The per student award amounts for each tier shall be 241
as follows: 242
1. Tier 1: $500 more than the Tier 2 per studen t award 243
amount. 244
2. Tier 2: As specified in the General Appropriations Act. 245
3. Tier 3: $0. 246
(7)(6) If the number of eligible students exceeds the 247
total authorized in the General Appropriations Act, an 248
institution may use its own resources to assure tha t each 249
eligible student receives the full benefit of the grant amount 250
CS/CS/HB 1247 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1247-02-c2
Page 11 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
authorized. 251
(8)(7) The State Board of Education shall adopt rules to 252
implement this section. 253
Section 3. Effective January 1, 2024, paragraph (d) of 254
subsection (11) of section 464.0 19, Florida Statutes, is amended 255
to read: 256
464.019 Approval of nursing education programs. — 257
(11) ACCREDITATION REQUIRED. — 258
(d) This subsection does not apply to a nursing education 259
program provided by an institution that is exempt from licensure 260
by the Commission for Independent Education under s. 261
1005.06(1)(d) s. 1005.06(1)(e). 262
Section 4. Effective January 1, 2024, paragraph (e) of 263
subsection (1) of section 1005.03, Florida Statutes, is amended 264
to read: 265
1005.03 Designation "college" or "universit y."— 266
(1) The use of the designation "college" or "university" 267
in combination with any series of letters, numbers, or words is 268
restricted in this state to colleges or universities as defined 269
in s. 1005.02 that offer degrees as defined in s. 1005.02 and 270
fall into at least one of the following categories: 271
(e) A college that meets the description of either s. 272
1005.06(1)(d) or (e) s. 1005.06(1)(e) or (f) . 273
Section 5. Effective January 1, 2024, subsection (1) of 274
section 1005.04, Florida Statutes, is amended to read: 275
CS/CS/HB 1247 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1247-02-c2
Page 12 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1005.04 Fair consumer practices. — 276
(1) Every institution that is under the jurisdiction of 277
the commission or is exempt from the jurisdiction or purview of 278
the commission pursuant to s. 1005.06(1)(e) s. 1005.06(1)(c) or 279
(f) and that either directly or indirectly solicits for 280
enrollment any student shall: 281
(a) Disclose to each prospective student a statement of 282
the purpose of such institution, its educational programs and 283
curricula, a description of its physical facilities, its status 284
regarding licensure, its fee schedule and policies regarding 285
retaining student fees if a student withdraws, and a statement 286
regarding the transferability of credits to and from other 287
institutions. The institution shall make the required 288
disclosures in writing at least 1 week prior to enrollment or 289
collection of any tuition from the prospective student. The 290
required disclosures may be made in the institution's current 291
catalog; 292
(b) Use a reliable method to assess, before accepting a 293
student into a program, the student's ability to complete 294
successfully the course of study for which he or she has 295
applied; 296
(c) Inform each student accurately about financial 297
assistance and obligations for repayment of loans; describe any 298
employment placement services provided and the limitations 299
thereof; and refrain from promising or implying guaranteed 300
CS/CS/HB 1247 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1247-02-c2
Page 13 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
placement, market availability, or salary amounts; 301
(d) Provide to prospective and enrolled students accurate 302
information regarding the relationship of its programs to state 303
licensure requirements for practicing related occupations and 304
professions in Florida; 305
(e) Ensure that all advertisements are accurate and not 306
misleading; 307
(f) Publish and follow an equitable prorated refund policy 308
for all students, and follow both the federa l refund guidelines 309
for students receiving federal financial assistance and the 310
minimum refund guidelines set by commission rule; 311
(g) Follow the requirements of state and federal laws that 312
require annual reporting with respect to crime statistics and 313
physical plant safety and make those reports available to the 314
public; and 315
(h) Publish and follow procedures for handling student 316
complaints, disciplinary actions, and appeals. 317
Section 6. Effective January 1, 2024, paragraph (d) of 318
subsection (2) of sect ion 1005.21, Florida Statutes, is amended 319
to read: 320
1005.21 Commission for Independent Education. — 321
(2) The Commission for Independent Education shall consist 322
of seven members who are residents of this state. The commission 323
shall function in matters conc erning independent postsecondary 324
educational institutions in consumer protection, program 325
CS/CS/HB 1247 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1247-02-c2
Page 14 of 14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
improvement, and licensure for institutions under its purview. 326
The Governor shall appoint the members of the commission who are 327
subject to confirmation by the Senate. The membership of the 328
commission shall consist of: 329
(d) One representative of a college that meets the 330
criteria of s. 1005.06(1)(e) s. 1005.06(1)(f). 331
Section 7. Effective January 1, 2024, subsection (11) of 332
section 1005.31, Florida Statutes, is amend ed to read: 333
1005.31 Licensure of institutions. — 334
(11) The commission shall establish minimum standards for 335
the approval of agents. The commission may adopt rules to ensure 336
that licensed agents meet these standards and uphold the intent 337
of this chapter. An agent may not solicit prospective students 338
in this state for enrollment in any independent postsecondary 339
educational institution under the commission's purview or in any 340
out-of-state independent postsecondary educational institution 341
unless the agent has received a license as prescribed by the 342
commission or solicits for a postsecondary educational 343
institution that is not under the jurisdiction of the commission 344
pursuant to s. 1005.06(1)(g) s. 1005.06(1)(h). 345
Section 8. Except as otherwise expressly pro vided in this 346
act, this act shall take effect July 1, 2023. 347