Florida Senate - 2007           CONFERENCE COMMITTEE AMENDMENT
    Bill No. CS for SB 8-C
                        Barcode 091490
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: AD/2R            .                    
       10/12/2007 12:17 PM         .                    
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11  The Conference Committee on CS for SB 8-C recommended the
12  following amendment:
13  
14         Conference Committee Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsections (3), (10), (11), (12), and (13)
19  of section 1009.22, Florida Statutes, are amended to read:
20         1009.22  Workforce education postsecondary student
21  fees.--
22         (3)(a)  The Commissioner of Education shall provide to
23  the State Board of Education no later than December 31 of each
24  year a schedule of fees for workforce development education,
25  excluding continuing workforce education, for school districts
26  and community colleges. The fee schedule shall be based on the
27  amount of student fees necessary to produce 25 percent of the
28  prior year's average cost of a course of study leading to a
29  certificate or diploma. Except as otherwise provided by law,
30  fees for students who are nonresidents not residents for
31  tuition purposes must offset the full cost of instruction.
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 8-C Barcode 091490 1 Fee-nonexempt students enrolled in vocational-preparatory 2 instruction shall be charged fees equal to the fees charged 3 for certificate career education instruction. Each community 4 college that conducts college-preparatory and 5 vocational-preparatory instruction in the same class section 6 may charge a single fee for both types of instruction. 7 (b) Fees for continuing workforce education shall be 8 locally determined by the district school board or community 9 college board. However, at least 50 percent of the 10 expenditures for the continuing workforce education program 11 provided by the community college or school district must be 12 derived from fees. 13 (c) Effective January 1, 2008, standard resident 14 tuition shall be $1.67 per contact hour for programs leading 15 to a career certificate or an applied technology diploma and 16 83 cents for adult general education programs. The State Board 17 of Education shall adopt a fee schedule for school districts 18 and community colleges that produces the fee revenues 19 calculated pursuant to paragraph (a). The schedule so 20 calculated shall take effect, unless otherwise specified in 21 the General Appropriations Act. 22 (d) Beginning with the 2008-2009 fiscal year and each 23 year thereafter, the standard resident tuition per contact 24 hour shall increase at the beginning of each fall semester at 25 a rate equal to inflation, unless otherwise provided in the 26 General Appropriations Act. The Office of Economic and 27 Demographic Research shall report the rate of inflation to the 28 President of the Senate, the Speaker of the House of 29 Representatives, the Governor, and the State Board of 30 Education each year prior to March 1. For purposes of this 31 paragraph, the rate of inflation shall be defined as the rate 2 6:39 PM 10/08/07 c0008Cc2d-03
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 8-C Barcode 091490 1 of the 12-month percentage change in the Consumer Price Index 2 for All Urban Consumers, U.S. City Average, All Items, or 3 successor reports as reported by the United States Department 4 of Labor, Bureau of Labor Statistics, or its successor for 5 December of the previous year. In the event the percentage 6 change is negative, the standard resident tuition shall remain 7 at the same level as the prior fiscal year. 8 (e) Each district school board and each community 9 college board of trustees may adopt resident tuition that is 10 within the range of 5 percent below to 5 percent above the 11 standard tuition. 12 (f) The maximum increase in resident tuition for any 13 school district or community college during the 2007-2008 14 fiscal year shall be 5 percent over the tuition charged during 15 the 2006-2007 fiscal year. 16 (g)(d) The State Board of Education shall adopt, by 17 rule, the definitions and procedures that district school 18 boards and community college boards of trustees shall use in 19 the calculation of cost borne by students. 20 (10) Each year the State Board of Education shall 21 review and evaluate the percentage of the cost of adult 22 programs and certificate career education programs supported 23 through student fees. For students who are residents for 24 tuition purposes, the schedule adopted pursuant to subsection 25 (3) must produce revenues equal to 25 percent of the prior 26 year's average program cost for college-preparatory and 27 certificate-level workforce development programs. Fees for 28 continuing workforce education shall be locally determined by 29 the district school board or community college board. However, 30 at least 50 percent of the expenditures for the continuing 31 workforce education program provided by the community college 3 6:39 PM 10/08/07 c0008Cc2d-03
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 8-C Barcode 091490 1 or school district must be derived from fees. Except as 2 otherwise provided by law, fees for students who are not 3 residents for tuition purposes must offset the full cost of 4 instruction. 5 (10)(11) Each school district and community college 6 may assess a service charge for the payment of tuition and 7 fees in installments. Such service charge must be approved by 8 the district school board or community college board of 9 trustees. 10 (11)(12) Any school district or community college that 11 reports students who have not paid fees in an approved manner 12 in calculations of full-time equivalent enrollments for state 13 funding purposes shall be penalized at a rate equal to 2 times 14 the value of such enrollments. Such penalty shall be charged 15 against the following year's allocation from workforce 16 education funds or the Community College Program Fund and 17 shall revert to the General Revenue Fund. The State Board of 18 Education shall specify, in rule, approved methods of student 19 fee payment. Such methods must include, but need not be 20 limited to, student fee payment; payment through federal, 21 state, or institutional financial aid; and employer fee 22 payments. 23 (12)(13) Each school district and community college 24 shall report only those students who have actually enrolled in 25 instruction provided or supervised by instructional personnel 26 under contract with the district or community college in 27 calculations of actual full-time enrollments for state funding 28 purposes. A student who has been exempted from taking a course 29 or who has been granted academic or technical credit through 30 means other than actual coursework completed at the granting 31 institution may not be calculated for enrollment in the course 4 6:39 PM 10/08/07 c0008Cc2d-03
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 8-C Barcode 091490 1 from which the student has been exempted or for which the 2 student has been granted credit. School districts and 3 community colleges that report enrollments in violation of 4 this subsection shall be penalized at a rate equal to 2 times 5 the value of such enrollments. Such penalty shall be charged 6 against the following year's allocation from workforce 7 education funds and shall revert to the General Revenue Fund. 8 Section 2. The nonrecurring sum of $629,614 from the 9 General Revenue Fund is appropriated to the Department of 10 Education for the 2007-2008 fiscal year for Aid to Local 11 Governments, Grants and Aids, Workforce Development. These 12 funds are provided to fund one-half of the estimated annual 13 revenue generated from a 5-percent increase in tuition for 14 fee-paying students in school districts for the 2007-2008 15 fiscal year. The department shall allocate the funds among the 16 districts in the same proportion as each district's 17 proportionate share of the total estimated tuition and fee 18 revenue for career certificate or applied technology diploma 19 and adult general education programs for all districts for the 20 2007-2008 fiscal year. 21 Section 3. Subsections (1), (3), and (4) of section 22 1009.23, Florida Statutes, are amended to read: 23 1009.23 Community college student fees.-- 24 (1) Unless otherwise provided, this section applies 25 only to fees charged for college credit instruction leading to 26 an associate in arts degree, an associate in applied science 27 degree, an associate in science degree, or a baccalaureate 28 degree authorized by the State Board of Education pursuant to 29 s. 1007.33 or s. 1004.73, and for noncollege credit 30 college-preparatory courses defined in s. 1004.02, and for 31 educator preparation institute programs defined in s. 1004.85. 5 6:39 PM 10/08/07 c0008Cc2d-03
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 8-C Barcode 091490 1 (3)(a) Effective January 1, 2008, for advanced and 2 professional, postsecondary vocational, college preparatory, 3 and educator preparation institute programs, the following 4 tuition and fee rates shall apply: 5 1. The sum of the standard tuition and the technology 6 fee shall be $51.35 per credit hour for students who are 7 residents for tuition purposes. 8 2. The sum of the standard tuition, the technology 9 fee, and the out-of-state fee shall be $154.14 per credit hour 10 for students who are nonresidents for tuition purposes. 11 (b) Effective January 1, 2008, for baccalaureate 12 degree programs, the following tuition and fee rates shall 13 apply: 14 1. The sum of the tuition and the technology fee shall 15 be $65.47 per credit hour for students who are residents for 16 tuition purposes. 17 2. The sum of the tuition, the technology fee, and the 18 out-of-state fee per credit hour for students who are 19 nonresidents for tuition purposes shall be no more than 85 20 percent of the sum of the tuition and the out-of-state fee at 21 the state university nearest the community college. 22 (c) Beginning with the 2008-2009 fiscal year and each 23 year thereafter, the tuition and fees specified in paragraphs 24 (a) and (b) shall increase at the beginning of each fall 25 semester at a rate equal to inflation, unless otherwise 26 provided in the General Appropriations Act. The Office of 27 Economic and Demographic Research shall report the rate of 28 inflation to the President of the Senate, the Speaker of the 29 House of Representatives, the Governor, and the State Board of 30 Education each year prior to March 1. For purposes of this 31 paragraph, the rate of inflation shall be defined as the rate 6 6:39 PM 10/08/07 c0008Cc2d-03
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 8-C Barcode 091490 1 of the 12-month percentage change in the Consumer Price Index 2 for All Urban Consumers, U.S. City Average, All Items, or 3 successor reports as reported by the United States Department 4 of Labor, Bureau of Labor Statistics, or its successor for 5 December of the previous year. In the event the percentage 6 change is negative, the sum of the tuition and the technology 7 fee per credit hour and the out-of-state fee per credit hour 8 shall remain at the same levels as the prior fiscal year. The 9 State Board of Education shall adopt by December 31 of each 10 year a resident fee schedule for the following fall for 11 advanced and professional, associate in science degree, and 12 college-preparatory programs that produce revenues in the 13 amount of 25 percent of the full prior year's cost of these 14 programs. Fees for courses in college-preparatory programs and 15 associate in arts and associate in science degree programs may 16 be established at the same level. In the absence of a 17 provision to the contrary in an appropriations act, the fee 18 schedule shall take effect and the colleges shall expend the 19 funds on instruction. If the Legislature provides for an 20 alternative fee schedule in an appropriations act, the fee 21 schedule shall take effect the subsequent fall semester. 22 (4) Each community college board of trustees shall 23 establish tuition and out-of-state fees, which may vary no 24 more than 10 percent below and 15 percent above the combined 25 total of the standard tuition and fees established in 26 subsection (3) fee schedule adopted by the State Board of 27 Education and the technology fee adopted by a board of 28 trustees, provided that any amount from 10 to 15 percent above 29 the standard tuition and fees established in subsection (3) 30 shall be fee schedule is used only to support safety and 31 security purposes. In order to assess an additional amount for 7 6:39 PM 10/08/07 c0008Cc2d-03
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 8-C Barcode 091490 1 safety and security purposes, a community college board of 2 trustees must provide written justification to the State Board 3 of Education based on criteria approved by the board of 4 trustees, including, but not limited to, criteria such as 5 local crime data and information, and strategies for the 6 implementation of local safety plans. Should a college decide 7 to increase the tuition and fees fee, the funds raised by 8 increasing the tuition and fees fee must be expended solely 9 for additional safety and security purposes and shall not 10 supplant funding expended in the 1998-1999 budget for safety 11 and security purposes. 12 Section 4. The nonrecurring sum of $11,446,858 from 13 the General Revenue Fund is appropriated to the Department of 14 Education for the 2007-2008 fiscal year for Aid to Local 15 Governments, Grants and Aids, Community Colleges Program Fund. 16 These funds are provided to fund one-half of the estimated 17 annual revenue generated from a 5-percent increase in tuition 18 for students in community colleges for the 2007-2008 fiscal 19 year. The department shall allocate the funds among the 20 community colleges in the same proportion as each college's 21 proportionate share of the total estimated tuition and fee 22 revenue for all community colleges for the 2007-2008 fiscal 23 year. 24 Section 5. Subsection (4) of section 1009.24, Florida 25 Statutes, is amended, and paragraph (s) is added to subsection 26 (13) of that section, to read: 27 1009.24 State university student fees.-- 28 (4)(a) Effective January 1, 2008, the resident 29 undergraduate tuition for lower-level and upper-level 30 coursework shall be $77.39 per credit hour. 31 (b) Beginning with the 2008-2009 fiscal year and each 8 6:39 PM 10/08/07 c0008Cc2d-03
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 8-C Barcode 091490 1 year thereafter, the resident undergraduate tuition per credit 2 hour shall increase at the beginning of each fall semester at 3 a rate equal to inflation, unless otherwise provided in the 4 General Appropriations Act. The Office of Economic and 5 Demographic Research shall report the rate of inflation to the 6 President of the Senate, the Speaker of the House of 7 Representatives, the Governor, and the Board of Governors each 8 year prior to March 1. For purposes of this paragraph, the 9 rate of inflation shall be defined as the rate of the 12-month 10 percentage change in the Consumer Price Index for All Urban 11 Consumers, U.S. City Average, All Items, or successor reports 12 as reported by the United States Department of Labor, Bureau 13 of Labor Statistics, or its successor for December of the 14 previous year. In the event the percentage change is negative, 15 the resident undergraduate tuition shall remain at the same 16 level as the prior fiscal year. Except as otherwise provided 17 by law, undergraduate tuition shall be established annually in 18 the General Appropriations Act. 19 (c) The Board of Governors, or the board's designee, 20 may establish tuition for graduate and professional programs, 21 and out-of-state fees for all programs. The sum of tuition and 22 out-of-state fees assessed to nonresident students must be 23 sufficient to offset the full instructional cost of serving 24 such students. However, adjustments to out-of-state fees or 25 tuition for graduate and professional programs pursuant to 26 this section may not exceed 10 percent in any year. 27 (d) The sum of the activity and service, health, and 28 athletic fees a student is required to pay to register for a 29 course shall not exceed 40 percent of the tuition established 30 in law or in the General Appropriations Act. No university 31 shall be required to lower any fee in effect on the effective 9 6:39 PM 10/08/07 c0008Cc2d-03
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 8-C Barcode 091490 1 date of this act in order to comply with this subsection. 2 Within the 40 percent cap, universities may not increase the 3 aggregate sum of activity and service, health, and athletic 4 fees more than 5 percent per year unless specifically 5 authorized in law or in the General Appropriations Act. A 6 university may increase its athletic fee to defray the costs 7 associated with changing National Collegiate Athletic 8 Association divisions. Any such increase in the athletic fee 9 may exceed both the 40 percent cap and the 5 percent cap 10 imposed by this subsection. Any such increase must be approved 11 by the athletic fee committee in the process outlined in 12 subsection (12) (11) and cannot exceed $2 per credit hour. 13 Notwithstanding the provisions of ss. 1009.534, 1009.535, and 14 1009.536, that portion of any increase in an athletic fee 15 pursuant to this subsection that causes the sum of the 16 activity and service, health, and athletic fees to exceed the 17 40 percent cap or the annual increase in such fees to exceed 18 the 5 percent cap shall not be included in calculating the 19 amount a student receives for a Florida Academic Scholars 20 award, a Florida Medallion Scholars award, or a Florida Gold 21 Seal Vocational Scholars award. 22 (e) This subsection does not prohibit a university 23 from increasing or assessing optional fees related to specific 24 activities if payment of such fees is not required as a part 25 of registration for courses. 26 (13) Each university board of trustees is authorized 27 to establish the following fees: 28 (s) A technology fee of up to 5 percent of the tuition 29 per credit hour, beginning with the fall term of the 2009-2010 30 academic year. The revenue from this fee shall be used to 31 enhance instructional technology resources for students and 10 6:39 PM 10/08/07 c0008Cc2d-03
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 8-C Barcode 091490 1 faculty. The technology fee shall not be included in any award 2 under the Florida Bright Futures Scholarship Program. 3 Section 6. The nonrecurring sum of $9,547,941 from the 4 General Revenue Fund is appropriated to the Division of 5 Universities for the 2007-2008 fiscal year for Aid to Local 6 Governments, Grants and Aids, Education and General 7 Activities. These funds are provided to fund one-half of the 8 estimated annual revenue generated from a 5-percent increase 9 in tuition for resident students in undergraduate enrollment 10 in state universities for the 2007-2008 fiscal year. The Board 11 of Governors shall allocate the funds among the universities 12 in the same proportion as each university's proportionate 13 share of the total estimated resident undergraduate tuition 14 revenue for all state universities for the 2007-2008 fiscal 15 year. 16 Section 7. By November 21, 2007, each school district 17 that provides postsecondary workforce education, each 18 community college, and each state university shall submit a 19 plan to the State Board of Education or the Board of 20 Governors, as appropriate, specifying the amount and percent 21 of the funds generated by the 5-percent tuition increase in 22 the Spring 2008 term which will be used for need-based 23 financial aid for Florida residents. By November 30, 2007, the 24 State Board of Education and the Board of Governors shall 25 provide a summary report of the plans to the Executive Office 26 of the Governor, the Chair of the Senate Fiscal Policy and 27 Calendar Committee, and the Chair of the House Policy and 28 Budget Council. By December 7, 2007, each institution shall 29 notify the students who will receive additional need-based aid 30 in their Spring 2008 term financial aid packages. For the 31 purpose of implementing this section and notwithstanding s. 11 6:39 PM 10/08/07 c0008Cc2d-03
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 8-C Barcode 091490 1 1009.23 (8)(a), Florida Statutes, each community college is 2 authorized to transfer the amount allocated for need-based 3 financial aid, as specified in the required plan, from the 4 general current fund to the loan, endowment, or scholarship 5 fund. This section expires July 1, 2008. 6 Section 8. This act shall take effect upon becoming a 7 law. 8 9 10 ================ T I T L E A M E N D M E N T =============== 11 And the title is amended as follows: 12 Delete everything before the enacting clause 13 14 and insert: 15 A bill to be entitled 16 An act relating to tuition and fees for higher 17 education; amending s. 1009.22, F.S., relating 18 to postsecondary student fees for workforce 19 education; deleting provisions requiring the 20 State Board of Education to adopt a fee 21 schedule; providing standard resident tuition 22 for the career certificate, applied technology 23 diploma, and adult general education programs; 24 providing for annual tuition adjustments based 25 on inflation; authorizing district school 26 boards and community college boards to adopt 27 tuition within a specified range; limiting the 28 amount of the increase during the 2007-2008 29 fiscal year; providing an appropriation and 30 requiring the Department of Education to 31 allocate such funds; amending s. 1009.23, F.S., 12 6:39 PM 10/08/07 c0008Cc2d-03
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 8-C Barcode 091490 1 relating to community college student fees; 2 providing fees for educator preparation 3 institute programs; providing tuition and fees 4 for community college programs for students who 5 are residents or nonresidents for tuition 6 purposes; deleting provisions requiring the 7 State Board of Education to adopt a fee 8 schedule in the absence of a provision in an 9 appropriations act; providing for annual 10 tuition and fee adjustments based on inflation; 11 providing restrictions; providing an 12 appropriation and requiring the Department of 13 Education to allocate such funds; amending s. 14 1009.24, F.S., relating to state university 15 student fees; providing an amount for resident 16 undergraduate tuition; providing for annual 17 tuition adjustments based on inflation; 18 providing authority for a technology fee 19 beginning with the 2009-2010 fall term; 20 providing for the use of fee revenues; 21 providing an appropriation and requiring the 22 Board of Governors to allocate the funds; 23 requiring certain school districts, community 24 colleges, and state universities to submit 25 plans to the State Board of Education or the 26 Board of Governors specifying the amount and 27 percent of funds generated by the tuition 28 increase which will be used for need-based 29 financial aid for state residents; requiring a 30 summary of such reports be provided to the 31 Governor and the Legislature; requiring each 13 6:39 PM 10/08/07 c0008Cc2d-03
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 8-C Barcode 091490 1 institution to notify students who will receive 2 additional aid; authorizing community colleges 3 to transfer certain funds; providing for future 4 expiration of such provisions; providing an 5 effective date. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 14 6:39 PM 10/08/07 c0008Cc2d-03