[Footnote 1] (1) The Legislature finds and declares that independent nonprofit colleges and universities eligible to participate in the Florida resident access grant program are an integral part of the higher education system in this state and that a significant number of state residents choose this form of higher education. The Legislature further finds that a strong and viable system of independent nonprofit colleges and universities reduces the tax burden on the citizens of the state. Because the Florida Resident Access Grant Fund is not related to a student's financial need or other criteria upon which financial aid programs are based, it is the intent of the Legislature that the Florida Resident Access Grant Fund not be considered a financial aid program but rather a tuition assistance program for its citizens.

[Footnote 2] (2) There is created the Florida Resident Access Grant Trust Fund to be administered by the Department of Education. The State Board of Education shall adopt rules for the administration of such fund. Funds appropriated by the Legislature for Florida resident access grants shall be deposited in the Florida Resident Access Grant Trust Fund and shall be used for carrying out the purposes of this section. Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain therein and shall be available for carrying out the purposes of this section and as otherwise provided by law.

[Footnote 1] (3) The department shall issue from the fund a Florida resident access grant to any full-time degree-seeking undergraduate student registered at an independent nonprofit college or university which is located in and chartered by the state; which is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools; which grants baccalaureate degrees; which is not a state university or state community college; and which has 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 sect. Any independent college or university that was eligible to receive tuition vouchers on January 1, 1989, and which continues to meet the criteria under which its eligibility was established, shall remain eligible to receive Florida resident access grant payments.

(4) A person is eligible to receive such Florida resident access grant if:

(a) He or she meets the general requirements, including residency, for student eligibility as provided in s. 240.404, except as otherwise provided in this section; and

(b) 1. He or she is enrolled as a full-time undergraduate student at an eligible college or university; 2. He or she is not enrolled in a program of study leading to a degree in theology or divinity; and 3. He or she is making satisfactory academic progress as defined by the college or university in which he or she is enrolled.

(5)

(a) Funding for the Florida resident access grant shall be based on a formula composed of planned enrollment and the state cost of funding undergraduate enrollment at public institutions pursuant to s. 240.271. However, the amount of the Florida resident access grant issued to a full-time student shall be 30 percent in 1996-1997, 35 percent in 1997-1998, and 40 percent in 1998-1999 and thereafter of the full cost to the state per academic year of an undergraduate student in public postsecondary education established pursuant to s. 240.209 or an amount as specified in the General Appropriations Act. The Florida resident access grant may be paid on a prorated basis in advance of the registration period. The department shall make such payments to the college or university in which the student is enrolled for credit to the student's account for payment of tuition and fees. Institutions shall certify to the department the amount of funds disbursed to each student and shall remit to the department any undisbursed advances or refunds within 60 days of the end of regular registration. Students shall not be eligible to receive the award for more than 9 semesters or 14 quarters, except as otherwise provided in s. 240.404(3).

(b) If the combined amount of the Florida resident access grant issued pursuant to this act and all other scholarships and grants for tuition or fees exceeds the amount charged to the student for tuition and fees, the department shall reduce the Florida resident access grant issued pursuant to this act by an amount equal to such excess.

[Footnote 3] (c) For the 1995-1996 fiscal year only, funding for the Florida resident access grant shall be the amount set forth in the General Appropriations Act. This paragraph is repealed on July 1, 1996. History: s. 67, ch. 79-222; s. 41, ch. 82-241; s. 1, ch. 83-291; s. 4, ch. 89-207; s. 7, ch. 89-367; s. 29, ch. 91-55; s. 32, ch. 94-230; s. 832, ch. 95-148; s. 18, ch. 95-243; s. 33, ch. 95-376; s. 29, ch. 95-392; s. 28, ch. 95-430. [Footnote 1] Note. Section 33, ch. 95-376, amended subsections (1) and (3), effective July 1, 1996, to read: (1) The Legislature finds and declares that independent nonprofit colleges and universities eligible to participate in the Florida resident access grant program are an integral part of the higher education system in this state and that a significant number of state residents choose this form of higher education. The Legislature further finds that a strong and viable system of independent nonprofit colleges and universities reduces the tax burden on the citizens of the state. Because the Florida Resident Access Grant Program is not related to a student's financial need or other criteria upon which financial aid programs are based, it is the intent of the Legislature that the Florida Resident Access Grant Program not be considered a financial aid program but rather a tuition assistance program for its citizens. (3) The department shall issue through the program a Florida resident access grant to any full-time degree-seeking undergraduate student registered at an independent nonprofit college or university which is located in and chartered by the state; which is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools; which grants baccalaureate degrees; which is not a state university or state community college; and which has 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 sect. Any independent college or university that was eligible to receive tuition vouchers on January 1, 1989, and which continues to meet the criteria under which its eligibility was established, shall remain eligible to receive Florida resident access grant payments. [Footnote 2] Note. As amended by s. 29, ch. 95-392. Section 33, ch. 95-376, amended subsection (2), effective July 1, 1996. Subsection (2), as amended by s. 33, ch. 95-376, only, reads: (2) The Florida Resident Access Grant Program shall be administered by the Department of Education. The State Board of Education shall adopt rules for the administration of the program. [Footnote 3] Note. Section 28, ch. 95-430, provides that paragraph (c) was added to subsection (5) "in order to implement specific appropriation 110 of the 1995-1996 General Appropriations Act." Note. Former s. 240.401.