(1) General eligibility criteria. To receive aid, a student shall meet the provisions of Sections 1009.40, 1009.42, and 1009.72, F.S., and Rules 6A-20.001, 6A-20.003 and 6A-20.0371, F.A.C., and:
    (a) Be a Hispanic-American or a person of Spanish culture who was born in, or whose natural parent was born in, either Mexico, or a Hispanic country of the Caribbean, Central America or South America, regardless of race.
    (b) Complete and submit annually, a need analysis form known as the Free Application for Federal Student Aid or FAFSA, July 1, 2016 – June 30, 2017, and incorporated herein by reference, in time to be processed error-free by May 15. The Free Application for Federal Student Aid (http://www.flrules.org/Gateway/reference.asp?No=Ref-06466) form is available at www.fafsa.gov.
    (c) Have been a bona fide Florida resident for twelve (12) months prior to the first day of classes for the fall term of the academic year for which funds are being requested pursuant to Florida Statutes § 1009.21, and Fl. Admin. Code R. 6A-20.003
    (d) Be a United States citizen or permanent resident pursuant to regulations established by the U.S. Congress or the U.S. Department of Education for the receipt of federal financial assistance.
    (e) Be enrolled in a degree program in a state university or Florida college authorized by Florida law, or any Florida, university or college which is accredited by an association whose standards are comparable to the minimum standards required to operate a postsecondary institution at that level in Florida.
    (f) Be enrolled for a minimum of twelve (12) credits for undergraduate study, or nine (9) credits for graduate study, at the end of the regular registration period inclusive of the drop-add period for each academic term in which aid is received.
    (g) Demonstrate sufficient financial need to receive a full two thousand (2,000) dollar scholarship. Student financial need is the student’s cost of education less the family contribution as determined by the need analysis service.
    (h) Not owe a repayment of a state or federal student grant or scholarship unless satisfactory repayment arrangements have been made.
    (i) Not be in default on a state or federal student loan unless satisfactory repayment arrangements have been made.
    (2) Eligibility for initial awards. To be eligible for an initial award a student must:
    (a) For undergraduate study, submit Form FFAA-1, Florida Financial Aid Application for Students, as incorporated by reference in Fl. Admin. Code R. 6A-20.019, and Form CHS-1, High School Certification, which is hereby incorporated by reference and made a part of this rule to become effective with the effective date of this rule, postmarked or electronically dated by April 1 during the applicant’s last year in high school. For graduate study, submit Form FFAA-1 and Form CPSI-1, Postsecondary Institution Certification, as incorporated by reference in Fl. Admin. Code R. 6A-20.019, postmarked or electronically dated by April 1 immediately prior to the academic year for which funds are being requested. A copy of Form FFAA-1, Form CHS-1, and Form CPSI-1 may be obtained from the Office of Student Financial Assistance, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.
    (b) For undergraduate study, have earned by the end of the seventh semester of high school, a 3.0 unweighted grade point average on a 4.0 scale for high school subjects creditable towards a diploma. For graduate study, have earned a 3.0 cumulative grade point average on a 4.0 scale for undergraduate college level course work completed by the date of application. Grades must be certified for undergraduate study by the applicant’s high school or graduate study by the applicant’s postsecondary institution no later than May 15. Eligibility determinations shall not be influenced, positively or negatively, by grade point averages calculated subsequent to the application period. Unweighted grade point averages shall be computed to three (3) decimals and shall not be rounded.
    (c) Meet the general eligibility requirements in subsection (1) of Fl. Admin. Code R. 6A-20.023
    (3) Eligibility for renewal awards. Eligibility for renewal of an award shall be evaluated at the end of the second semester or third quarter of each academic year. A renewal award may be made to an applicant who used one (1) or more terms of eligibility for an award during the academic year immediately preceding the academic year for which applying, and who:
    (a) Meets the general eligibility requirements in subsection (1) of Fl. Admin. Code R. 6A-20.023
    (b) Has earned, at the last institution attended, a minimum cumulative grade point average of 3.0 on a 4.0 scale.
    (c) For undergraduate study, has earned during the previous two (2) semesters or three (3) quarters, at least twelve (12) credit hours per term or the equivalent for the number of terms for which the award was received. For graduate study, has earned during the previous two (2) semesters or three (3) quarters, at least nine (9) credit hours per term or the equivalent for the number of terms for which the award was received. An undergraduate or graduate student who does not earn the required credits shall be ineligible to continue on the program, except as provided in subsections (7) and (8) of Fl. Admin. Code R. 6A-20.023
    (4) Probationary awards. A student who has received funds through this program and who fails to earn a minimum grade point average of 3.0 on a 4.0 scale may be granted a probationary award for one (1) academic year, not to exceed two (2) semesters or three (3) quarters. A student who does not earn a 3.0 grade point average on a 4.0 scale by the end of the spring semester or third quarter of the probationary academic year shall be ineligible to continue for one (1) academic year.
    (5) Reinstatement. A student who met the requirements for an award but did not accept an award during the first full year of eligibility and wishes to re-establish use of the scholarship must apply for reinstatement no later than April 1. A student who applies for reinstatement must also complete a need analysis form in time to be processed error-free by May 15.
    (6) Restoration. A student who failed to meet the requirements for renewal of a probationary award is eligible to apply for restoration after one (1) academic year if the student has earned a minimum cumulative grade point average of 3.0 on a 4.0 scale as of the end of the second semester or third quarter of the academic year preceding the year the award is sought. A student who applies for restoration must also complete a need analysis in time to be processed error-free by May 15.
    (7) Appeals. A student who receives state student aid and subsequently fails to meet state academic progress requirements described in paragraph (3)(c) of Fl. Admin. Code R. 6A-20.023, due to verifiable illness or other emergencies may be granted an exception from the academic requirements, pursuant to Section 1009.40(1)(b)4., F.S.
    (8) Maximum terms of eligibility.
    (a) An undergraduate student shall be eligible to receive financial aid for a maximum of one hundred ten (110) percent of the number of credit hours required to complete the program of study in which enrolled, or until receipt of a first baccalaureate degree, whichever occurs first. Five-year eligibility may apply to a program of study which leads to a simultaneous award of a graduate and an undergraduate degree. Additional terms of eligibility for five-year programs will be allowed based on the number of credit hours required by the institution for completion of the program of study.
    (b) A graduate student shall be eligible to receive financial aid for a maximum of four (4) semesters or six (6) quarters.
    (c) A student who used any terms of eligibility as an undergraduate student may subsequently apply for an award for graduate study. However, such student will be considered as an initial graduate applicant for purposes of eligibility determination and award distribution.
    (9) Amount of awards. The amount of each annual award is two thousand (2,000) dollars.
    (10) Award distribution. The department shall make awards based on the annual appropriation and the amount of contributions received by the department. Priority in the distribution of funds will be as follows:
    (a) Eligible renewal applicants shall be first given priority,
    (b) Second priority for awards will be given to initial undergraduate applicants who shall first be ranked by the least family contribution as determined by the need analysis form,
    1. Then by high school grade point average,
    2. And, if necessary, by the postmarked or electronic receipt date of Form FFAA-1,
    (c) Third priority for awards will be given to reinstatement applicants. If the number of awards remaining is insufficient to award all such applicants, they will be ranked and selected first by the least family contribution as specific on the need analysis form and second by the earliest postmark or electronic receipt date of Form FFAA-1. If the number of awards remaining is insufficient to award all equally ranked applicants, the tie will be broken through random selection.
    (d) Fourth priority for awards will be given to restoration applicants. If the number of awards remaining is insufficient to award all such applicants, they will be ranked and selected first by the least family contribution as specified on the need analysis form and second by the earliest postmark or electronic receipt date of Form FFAA-1. If the number of awards remaining is insufficient to award all equally ranked applicants, the tie will be broken through random selection.
    (e) From funds remaining, initial graduate applicants shall be ranked and awarded, based on the least family contribution and then by undergraduate grade point average and, finally, on the postmark date of the Form FFAA-1.
    (11) Institutional responsibilities. Participating institutions shall verify the continued eligibility of awarded students, provide for the disbursement of funds to students, and comply with the department’s reporting requirements. Within thirty (30) days of the end of the regular registration period each term, the institution shall notify the department of the eligibility status of each awarded student. The institution shall remit refunds and submit accompanying documentation to the department within sixty (60) days of the end of the institution’s regular registration period. For supplemental awards, the institution will notify the department of the eligibility status of awarded students within thirty (30) days of the date that the warrant was mailed by the department. Refunds and accompanying documentation shall be received by the department within sixty (60) days of the date that the warrant was mailed by the department.
    (12) Award procedures. The department shall notify students and institutions of the students’ eligibility for awards, and shall provide for the delivery of funds to students by transmitting funds each academic term to the institutions for distribution.
    (13) Contributions from private sources. Scholarship contributions to the Jose Marti Scholarship Challenge Grant Fund from private sources may be accepted by the department and deposited in the State Student Financial Assistance Trust Fund.
Rulemaking Authority Florida Statutes § 1001.02(1), 1009.72(1) FS. Law Implemented 1009.40, 1009.72 FS. History-New 12-28-86, Amended 5-16-90, 2-15-95, 10-15-02, 9-22-08, 3-22-12, 3-23-16.