CS/CS/HB 745

1
A bill to be entitled
2An act relating to postsecondary education; amending s.
3216.136, F.S.; revising provisions relating to student
4enrollment projections, and adjustments thereto, for the
5state educational system developed by the Education
6Estimating Conference; amending s. 1005.32, F.S.; revising
7requirements for application for licensure by
8accreditation by an independent postsecondary educational
9institution; amending s. 1007.24, F.S.; revising
10provisions regarding determination of equivalency of
11courses; amending s. 1009.01, F.S.; providing definitions
12relating to postsecondary education; amending s. 1009.21,
13F.S.; providing that determination of resident status
14applies to eligibility for state financial aid awards and
15tuition assistance grants; revising definitions; revising
16provisions relating to qualification as a resident for
17tuition purposes; providing for reclassification of
18status; providing duties of institutions of higher
19education; amending s. 1009.22, F.S.; revising provisions
20relating to the workforce education postsecondary student
21capital improvement fee; amending s. 1009.23, F.S.;
22providing an exemption relating to establishment of the
23community college activity and service student fee;
24authorizing an increase in the amount of fees collected
25for financial aid purposes; increasing the amount of
26financial aid fees that may be used to assist students who
27meet specified criteria; authorizing rulemaking; amending
28s. 1009.24, F.S.; revising provisions relating to state
29university student fees; providing for the establishment
30of tuition and fees at the undergraduate and graduate
31levels and for professional programs; revising provisions
32relating to use of the student financial aid fee; revising
33provisions relating to establishment and conditions of the
34undergraduate tuition differential; amending s. 1009.25,
35F.S.; revising provisions authorizing student fee
36exemptions by community colleges; defining "fee-paying
37student"; amending s. 1009.265, F.S.; revising conditions
38for the use of state employee fee waivers; amending ss.
391009.98 and 1011.48, F.S.; conforming cross-references;
40amending s. 196.192, F.S.; specifying educational
41institutions as exempt entities for purposes of exemptions
42from ad valorem taxation for property owned by exempt
43entities; providing an effective date.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  Subsection (4) of section 216.136, Florida
48Statutes, is amended to read:
49     216.136  Consensus estimating conferences; duties and
50principals.--
51     (4)  EDUCATION ESTIMATING CONFERENCE.--
52     (a)  The Education Estimating Conference shall develop such
53official information relating to the state public and private
54educational system, including forecasts of student enrollments,
55the number of students qualified for state financial aid
56programs, and for the William L. Boyd, IV, Florida Resident
57Access Grant Program, and for the Access to Better Learning and
58Education Grant Program and the appropriation required to fund
59the full award amounts for each program, fixed capital outlay
60needs, and Florida Education Finance Program formula needs, as
61the conference determines is needed for the state planning and
62budgeting system.
63     (b)  The conference's initial projections of enrollments in
64public schools shall be forwarded by the conference to each
65school district no later than 2 months prior to the start of the
66regular session of the Legislature. Each school district may, in
67writing, request adjustments to the initial projections. Any
68adjustment request shall be submitted to the conference no later
69than 1 month prior to the start of the regular session of the
70Legislature and shall be considered by the principals of the
71conference. A school district may amend its adjustment request,
72in writing, during the first 3 weeks of the legislative session,
73and such amended adjustment request shall be considered by the
74principals of the conference. For any adjustment so requested,
75the district shall indicate and explain, using definitions
76adopted by the conference, the components of anticipated
77enrollment changes that correspond to continuation of current
78programs with workload changes; program improvement; program
79reduction or elimination; initiation of new programs; and any
80other information that may be needed by the Legislature. For
81public schools, the conference shall submit its full-time
82equivalent student consensus estimate to the Legislature no
83later than 1 month after the start of the regular session of the
84Legislature. No conference estimate may be changed without the
85agreement of the full conference.
86     (c)  The conference shall estimate a state-level demand
87pool for postsecondary education that includes all delivery
88systems, public and private. The conference shall calculate the
89level of public postsecondary enrollment from the initial demand
90value. Once the state-level public sector demand has been
91established, the conference shall use current policies and
92relationships to allocate the demand into the appropriate
93delivery systems within the public sector. The conference's
94initial projections of enrollments in public postsecondary
95institutions shall be forwarded by the conference to the State
96Board of Education and the Board of Governors no later than 2
97months prior to the start of the regular session of the
98Legislature for distribution to their respective institutions.
99Each institution may, in writing, request adjustments to the
100initial projections. Any adjustment request shall be submitted
101to the conference no later than 1 month prior to the start of
102the regular session of the Legislature and shall be considered
103by the principals of the conference. A public postsecondary
104institution may amend its adjustment request, in writing, during
105the first 3 weeks of the legislative session, and such amended
106adjustment request shall be considered by the principals of the
107conference. For any adjustment so requested, the institution
108shall indicate and explain, using definitions adopted by the
109conference, the components of anticipated enrollment changes
110that correspond to continuation of current programs with
111workload changes; program improvement; program reduction or
112elimination; initiation of new programs; and any other
113information that may be needed by the Legislature. The
114conference shall submit its full-time equivalent student
115consensus estimate for public postsecondary education to the
116Legislature no later than 1 month after the start of the regular
117session of the Legislature. No conference estimate may be
118changed without the agreement of the full conference.
119     (d)(b)  No later than 2 months prior to the start of the
120regular session of the Legislature, the conference shall forward
121to each eligible postsecondary education institution its initial
122projections of the number of students qualified for state
123financial aid programs and the appropriation required to fund
124those students at the full award amount. Each postsecondary
125education institution may request, in writing, adjustments to
126the initial projection. Any adjustment request must be submitted
127to the conference no later than 1 month prior to the start of
128the regular session of the Legislature and shall be considered
129by the principals of the conference. For any adjustment so
130requested, the postsecondary education institution shall
131indicate and explain, using definitions adopted by the
132conference, the components of anticipated changes that
133correspond to continuation of current programs with enrollment
134changes, program reduction or elimination, initiation of new
135programs, award amount increases or decreases, and any other
136information that is considered by the conference. The conference
137shall submit its consensus estimate to the Legislature no later
138than 1 month after the start of the regular session of the
139Legislature. No conference estimate may be changed without the
140agreement of the full conference.
141     Section 2.  Subsection (1) of section 1005.32, Florida
142Statutes, is amended to read:
143     1005.32  Licensure by means of accreditation.--
144     (1)  An independent postsecondary educational institution
145that meets the following criteria may apply for a license by
146means of accreditation from the commission:
147     (a)  The institution has operated legally in this state for
148at least 5 consecutive years.
149     (b)  The institution holds institutional accreditation by
150an accrediting agency evaluated and approved by the commission
151as having standards substantially equivalent to the commission's
152licensure standards.
153     (c)  The institution has no unresolved complaints or
154actions in the past 12 months.
155     (d)  The institution meets minimum requirements for
156financial responsibility as determined by the commission.
157     (e)  The institution is a Florida corporation.
158     Section 3.  Subsection (7) of section 1007.24, Florida
159Statutes, is amended to read:
160     1007.24  Statewide course numbering system.--
161     (7)  Any student who transfers among postsecondary
162institutions that are fully accredited by a regional or national
163accrediting agency recognized by the United States Department of
164Education and that participate in the statewide course numbering
165system shall be awarded credit by the receiving institution for
166courses satisfactorily completed by the student at the previous
167institutions. Credit shall be awarded if the courses are judged
168by the appropriate statewide course numbering system faculty
169committees representing school districts, public postsecondary
170educational institutions, and participating nonpublic
171postsecondary educational institutions to be academically
172equivalent to courses offered at the receiving institution,
173including equivalency of faculty credentials, regardless of the
174United States Department of Education recognized accrediting
175agency and public or nonpublic control of the previous
176institution. The Department of Education shall ensure that
177credits to be accepted by a receiving institution are generated
178in courses for which the faculty possess credentials that are
179comparable to those required by the accrediting association of
180the receiving institution. The award of credit may be limited to
181courses that are entered in the statewide course numbering
182system. Credits awarded pursuant to this subsection shall
183satisfy institutional requirements on the same basis as credits
184awarded to native students.
185     Section 4.  Subsection (3) of section 1009.01, Florida
186Statutes, is amended, and subsections (4), (5), and (6) are
187added to that section, to read:
188     1009.01  Definitions.--The term:
189     (3)  "Tuition differential" means the supplemental fee
190charged to a student for instruction provided by a public
191university in this state pursuant to s. 1009.24(16)(15).
192     (4)  "Undergraduate tuition" means the basic fee charged to
193a student for instruction provided by a state university in a
194lower-level course or in an upper-level course.
195     (5)  "Graduate tuition" means the basic fee charged to a
196student for instruction provided by a state university in a
197graduate-level course. Graduate-level courses do not include
198courses in professional programs.
199     (6)  "Professional program" means a program in dentistry,
200law, medicine, pharmacy, or veterinary medicine.
201     Section 5.  Section 1009.21, Florida Statutes, is amended
202to read:
203     1009.21  Determination of resident status for tuition
204purposes and student eligibility for state financial aid awards
205and tuition assistance grants.-- Students shall be classified as
206residents or nonresidents for the purpose of assessing tuition
207in community colleges and state universities and for the purpose
208of determining student eligibility for state financial aid
209awards and tuition assistance grants.
210     (1)  As used in this section, the term:
211     (a)  The term "Dependent child" means any person, whether
212or not living with his or her parent, who is eligible to be
213claimed by his or her parent as a dependent under the federal
214income tax code.
215     (b)  "Initial enrollment" means the first day of class at
216an institution of higher education.
217     (c)(b)  The term "Institution of higher education" means
218any public community college or state university or any
219institution eligible to participate in a program established
220pursuant to s. 1009.50, s. 1009.505, s. 1009.51, s. 1009.52, s.
2211009.53, s. 1009.54, s. 1009.56, s. 1009.57, s. 1009.60, s.
2221009.62, s. 1009.63, s. 1009.68, s. 1009.72, s. 1009.73, s.
2231009.76, s. 1009.77, s. 1009.89, or s. 1009.891.
224     (d)(c)  A "Legal resident" or "resident" means is a person
225who has maintained his or her residence in this state for the
226preceding year, has purchased a home which is occupied by him or
227her as his or her residence, or has established a domicile in
228this state pursuant to s. 222.17.
229     (e)  "Nonresident for tuition purposes" means a person who
230does not qualify for the in-state tuition rate.
231     (f)(d)  The term "Parent" means the natural or adoptive
232parent or legal guardian of a dependent child.
233     (g)(e)  A "Resident for tuition purposes" means is a person
234who qualifies as provided in subsection (2) for the in-state
235tuition rate; a "nonresident for tuition purposes" is a person
236who does not qualify for the in-state tuition rate.
237     (2)(a)  To qualify as a resident for tuition purposes:
238     1.  A person or, if that person is a dependent child, his
239or her parent or parents must have established legal residence
240in this state and must have maintained legal residence in this
241state for at least 12 consecutive months immediately prior to
242his or her initial enrollment in an institution of higher
243education qualification. Legal residence must be established by
244written or electronic verification that includes two or more of
245the following Florida documents that demonstrate clear and
246convincing evidence of continuous residence in the state for at
247least 12 consecutive months prior to the student's initial
248enrollment in an institution of higher education: a voter
249information card pursuant to s. 97.071; a driver's license; an
250identification card issued by the State of Florida; a vehicle
251registration; a declaration of domicile; proof of purchase of a
252permanent home; a transcript from a Florida high school; a
253Florida high school equivalency diploma and transcript; proof of
254permanent full-time employment; proof of 12 consecutive months
255of payment of utility bills; a domicile lease and proof of 12
256consecutive months of payments; or other official state or court
257documents evidencing legal ties to Florida. No single piece of
258evidence shall be conclusive.
259     2.  Every applicant for admission to an institution of
260higher education shall be required to make a statement as to his
261or her length of residence in the state and, further, shall
262establish that his or her presence or, if the applicant is a
263dependent child, the presence of his or her parent or parents in
264the state currently is, and during the requisite 12-month
265qualifying period was, for the purpose of maintaining a bona
266fide domicile, rather than for the purpose of maintaining a mere
267temporary residence or abode incident to enrollment in an
268institution of higher education.
269     (b)  However, with respect to a dependent child living with
270an adult relative other than the child's parent, such child may
271qualify as a resident for tuition purposes if the adult relative
272is a legal resident who has maintained legal residence in this
273state for at least 12 consecutive months immediately prior to
274the child's initial enrollment in an institution of higher
275education qualification, provided the child has resided
276continuously with such relative for the 5 years immediately
277prior to the child's initial enrollment qualification, during
278which time the adult relative has exercised day-to-day care,
279supervision, and control of the child.
280     (c)  The legal residence of a dependent child whose parents
281are divorced, separated, or otherwise living apart will be
282deemed to be this state if either parent is a legal resident of
283this state, regardless of which parent is entitled to claim, and
284does in fact claim, the minor as a dependent pursuant to federal
285individual income tax provisions.
286     (d)  A person who is classified as a nonresident for
287tuition purposes may become eligible for reclassification as a
288resident for tuition purposes if that person or, if that person
289is a dependent child, his or her parent presents clear and
290convincing evidence that supports permanent residency in this
291state rather than temporary residency for the purpose of
292pursuing an education, such as documentation of full-time
293permanent employment for the prior 12 months or the purchase of
294a home in this state and residence therein for the prior 12
295months. If a person who is a dependent child and his or her
296parent move to this state while such child is a high school
297student and the child graduates from a high school in this
298state, the child may become eligible for reclassification as a
299resident for tuition purposes when the parent qualifies for
300permanent residency.
301     (3)(a)  An individual shall not be classified as a resident
302for tuition purposes and, thus, shall not be eligible to receive
303the in-state tuition rate until he or she has provided such
304evidence related to legal residence and its duration or, if that
305individual is a dependent child, documentation of his or her
306parent's legal residence and its duration, as well as
307documentation confirming his or her status as a dependent child,
308as may be required by law and by officials of the institution of
309higher education from which he or she seeks the in-state tuition
310rate. The documentation shall provide clear and convincing
311evidence that residency in this state was for a minimum of 12
312consecutive months prior to the student's initial enrollment in
313an institution of higher education. No single piece of evidence
314shall be conclusive.
315     (b)  Each institution of higher learning shall:
316     1.  Determine whether an applicant who has been granted
317admission to that institution is a dependent child.
318     2.  Affirmatively determine that an applicant who has been
319granted admission to that institution as a Florida resident
320meets the residency requirements of this section at the time of
321initial enrollment.
322     (4)  With respect to a dependent child, the legal residence
323of such individual's parent or parents is prima facie evidence
324of the individual's legal residence, which evidence may be
325reinforced or rebutted, relative to the age and general
326circumstances of the individual, by the other evidence of legal
327residence required of or presented by the individual. However,
328the legal residence of an individual whose parent or parents are
329domiciled outside this state is not prima facie evidence of the
330individual's legal residence if that individual has lived in
331this state for 5 consecutive years prior to enrolling or
332reregistering at the institution of higher education at which
333resident status for tuition purposes is sought.
334     (5)  In making a domiciliary determination related to the
335classification of a person as a resident or nonresident for
336tuition purposes, the domicile of a married person, irrespective
337of sex, shall be determined, as in the case of an unmarried
338person, by reference to all relevant evidence of domiciliary
339intent. For the purposes of this section:
340     (a)  A person shall not be precluded from establishing or
341maintaining legal residence in this state and subsequently
342qualifying or continuing to qualify as a resident for tuition
343purposes solely by reason of marriage to a person domiciled
344outside this state, even when that person's spouse continues to
345be domiciled outside of this state, provided such person
346maintains his or her legal residence in this state.
347     (b)  A person shall not be deemed to have established or
348maintained a legal residence in this state and subsequently to
349have qualified or continued to qualify as a resident for tuition
350purposes solely by reason of marriage to a person domiciled in
351this state.
352     (c)  In determining the domicile of a married person,
353irrespective of sex, the fact of the marriage and the place of
354domicile of such person's spouse shall be deemed relevant
355evidence to be considered in ascertaining domiciliary intent.
356     (6)  Any nonresident person, irrespective of sex, who
357marries a legal resident of this state or marries a person who
358later becomes a legal resident may, upon becoming a legal
359resident of this state, accede to the benefit of the spouse's
360immediately precedent duration as a legal resident for purposes
361of satisfying the 12-month durational requirement of this
362section.
363     (7)  A person shall not lose his or her resident status for
364tuition purposes solely by reason of serving, or, if such person
365is a dependent child, by reason of his or her parent's or
366parents' serving, in the Armed Forces outside this state.
367     (8)  A person who has been properly classified as a
368resident for tuition purposes but who, while enrolled in an
369institution of higher education in this state, loses his or her
370resident tuition status because the person or, if he or she is a
371dependent child, the person's parent or parents establish
372domicile or legal residence elsewhere shall continue to enjoy
373the in-state tuition rate for a statutory grace period, which
374period shall be measured from the date on which the
375circumstances arose that culminated in the loss of resident
376tuition status and shall continue for 12 months. However, if the
37712-month grace period ends during a semester or academic term
378for which such former resident is enrolled, such grace period
379shall be extended to the end of that semester or academic term.
380     (9)  Any person who ceases to be enrolled at or who
381graduates from an institution of higher education while
382classified as a resident for tuition purposes and who
383subsequently abandons his or her domicile in this state shall be
384permitted to reenroll at an institution of higher education in
385this state as a resident for tuition purposes without the
386necessity of meeting the 12-month durational requirement of this
387section if that person has reestablished his or her domicile in
388this state within 12 months of such abandonment and continuously
389maintains the reestablished domicile during the period of
390enrollment. The benefit of this subsection shall not be accorded
391more than once to any one person.
392     (10)  The following persons shall be classified as
393residents for tuition purposes:
394     (a)  Active duty members of the Armed Services of the
395United States residing or stationed in this state, their
396spouses, and dependent children, and active members of the
397Florida National Guard who qualify under s. 250.10(7) and (8)
398for the tuition assistance program.
399     (b)  Active duty members of the Armed Services of the
400United States and their spouses and dependents attending a
401public community college or state university within 50 miles of
402the military establishment where they are stationed, if such
403military establishment is within a county contiguous to Florida.
404     (c)  United States citizens living on the Isthmus of
405Panama, who have completed 12 consecutive months of college work
406at the Florida State University Panama Canal Branch, and their
407spouses and dependent children.
408     (d)  Full-time instructional and administrative personnel
409employed by state public schools, community colleges, and
410institutions of higher education, as defined in s. 1000.04, and
411their spouses and dependent children.
412     (e)  Students from Latin America and the Caribbean who
413receive scholarships from the federal or state government. Any
414student classified pursuant to this paragraph shall attend, on a
415full-time basis, a Florida institution of higher education.
416     (f)  Southern Regional Education Board's Academic Common
417Market graduate students attending Florida's state universities.
418     (g)  Full-time employees of state agencies or political
419subdivisions of the state when the student fees are paid by the
420state agency or political subdivision for the purpose of job-
421related law enforcement or corrections training.
422     (h)  McKnight Doctoral Fellows and Finalists who are United
423States citizens.
424     (i)  United States citizens living outside the United
425States who are teaching at a Department of Defense Dependent
426School or in an American International School and who enroll in
427a graduate level education program which leads to a Florida
428teaching certificate.
429     (j)  Active duty members of the Canadian military residing
430or stationed in this state under the North American Air Defense
431(NORAD) agreement, and their spouses and dependent children,
432attending a community college or state university within 50
433miles of the military establishment where they are stationed.
434     (k)  Active duty members of a foreign nation's military who
435are serving as liaison officers and are residing or stationed in
436this state, and their spouses and dependent children, attending
437a community college or state university within 50 miles of the
438military establishment where the foreign liaison officer is
439stationed.
440     (11)  The State Board of Education and the Board of
441Governors shall adopt rules to implement this section.
442     Section 6.  Subsection (6) of section 1009.22, Florida
443Statutes, is amended to read:
444     1009.22  Workforce education postsecondary student fees.--
445     (6)  Each district school board and community college board
446of trustees may establish a separate fee for capital
447improvements, technology enhancements, or equipping buildings
448which may not exceed 5 percent of tuition for resident students
449or 5 percent of tuition and out-of-state fees for nonresident
450students. Funds collected by community colleges through these
451fees may be bonded only for the purpose of financing or
452refinancing new construction and equipment, renovation, or
453remodeling of educational facilities. The fee shall be collected
454as a component part of the tuition and fees, paid into a
455separate account, and expended only to construct and equip,
456maintain, improve, or enhance the certificate career education
457or adult education facilities of the school district or
458community college. Projects funded through the use of the
459capital improvement fee must meet the survey and construction
460requirements of chapter 1013. Pursuant to s. 216.0158, each
461district school board and community college board of trustees
462shall identify each project, including maintenance projects,
463proposed to be funded in whole or in part by such fee. Capital
464improvement fee revenues may be pledged by a board of trustees
465as a dedicated revenue source to the repayment of debt,
466including lease-purchase agreements and revenue bonds, with a
467term not to exceed 20 years, and not to exceed the useful life
468of the asset being financed, only for the new construction and
469equipment, renovation, or remodeling of educational facilities.
470Community colleges may use the services of the Division of Bond
471Finance of the State Board of Administration to issue any bonds
472authorized through the provisions of this subsection. Any such
473bonds issued by the Division of Bond Finance shall be in
474compliance with the provisions of the State Bond Act. Bonds
475issued pursuant to the State Bond Act shall be validated in the
476manner provided by chapter 75. The complaint for such validation
477shall be filed in the circuit court of the county where the seat
478of state government is situated, the notice required to be
479published by s. 75.06 shall be published only in the county
480where the complaint is filed, and the complaint and order of the
481circuit court shall be served only on the state attorney of the
482circuit in which the action is pending. A maximum of 15 percent
483cents per credit hour may be allocated from the capital
484improvement fee for child care centers conducted by the district
485school board or community college board of trustees.
486     Section 7.  Subsection (7), paragraphs (a) and (c) of
487subsection (8), and subsection (12) of section 1009.23, Florida
488Statutes, are amended to read:
489     1009.23  Community college student fees.--
490     (7)  Each community college board of trustees may establish
491a separate activity and service fee not to exceed 10 percent of
492the tuition fee, according to rules of the State Board of
493Education. The student activity and service fee shall be
494collected as a component part of the tuition and fees. The
495student activity and service fees shall be paid into a student
496activity and service fund at the community college and shall be
497expended for lawful purposes to benefit the student body in
498general. These purposes include, but are not limited to, student
499publications and grants to duly recognized student
500organizations, the membership of which is open to all students
501at the community college without regard to race, sex, or
502religion. No community college shall be required to lower any
503activity and service fee approved by the board of trustees of
504the community college and in effect prior to October 26, 2007,
505in order to comply with the provisions of this subsection.
506     (8)(a)  Each community college board of trustees is
507authorized to establish a separate fee for financial aid
508purposes in an additional amount up to, but not to exceed, 5
509percent of the total student tuition or out-of-state fees
510collected. Each community college board of trustees may collect
511up to an additional 2 percent if the amount generated by the
512total financial aid fee is less than $500,000 $250,000. If the
513amount generated is less than $500,000 $250,000, a community
514college that charges tuition and out-of-state fees at least
515equal to the average fees established by rule may transfer from
516the general current fund to the scholarship fund an amount equal
517to the difference between $500,000 $250,000 and the amount
518generated by the total financial aid fee assessment. No other
519transfer from the general current fund to the loan, endowment,
520or scholarship fund, by whatever name known, is authorized.
521     (c)  Up to 25 percent or $600,000 $300,000, whichever is
522greater, of the financial aid fees collected may be used to
523assist students who demonstrate academic merit; who participate
524in athletics, public service, cultural arts, and other
525extracurricular programs as determined by the institution; or
526who are identified as members of a targeted gender or ethnic
527minority population. The financial aid fee revenues allocated
528for athletic scholarships and fee exemptions provided pursuant
529to s. 1009.25(3) for athletes shall be distributed equitably as
530required by s. 1000.05(3)(d). A minimum of 75 percent of the
531balance of these funds for new awards shall be used to provide
532financial aid based on absolute need, and the remainder of the
533funds shall be used for academic merit purposes and other
534purposes approved by the boards of trustees. Such other purposes
535shall include the payment of child care fees for students with
536financial need. The State Board of Education shall develop
537criteria for making financial aid awards. Each college shall
538report annually to the Department of Education on the revenue
539collected pursuant to this paragraph, the amount carried
540forward, the criteria used to make awards, the amount and number
541of awards for each criterion, and a delineation of the
542distribution of such awards. The report shall include an
543assessment by category of the financial need of every student
544who receives an award, regardless of the purpose for which the
545award is received. Awards which are based on financial need
546shall be distributed in accordance with a nationally recognized
547system of need analysis approved by the State Board of
548Education. An award for academic merit shall require a minimum
549overall grade point average of 3.0 on a 4.0 scale or the
550equivalent for both initial receipt of the award and renewal of
551the award.
552     (12)(a)  In addition to tuition, out-of-state, financial
553aid, capital improvement, student activity and service, and
554technology fees authorized in this section, each community
555college board of trustees is authorized to establish fee
556schedules for the following user fees and fines: laboratory
557fees; parking fees and fines; library fees and fines; fees and
558fines relating to facilities and equipment use or damage; access
559or identification card fees; duplicating, photocopying, binding,
560or microfilming fees; standardized testing fees; diploma
561replacement fees; transcript fees; application fees; graduation
562fees; and late fees related to registration and payment. Such
563user fees and fines shall not exceed the cost of the services
564provided and shall only be charged to persons receiving the
565service. A community college may not charge any fee except as
566authorized by law or rules of the State Board of Education.
567Parking fee revenues may be pledged by a community college board
568of trustees as a dedicated revenue source for the repayment of
569debt, including lease-purchase agreements and revenue bonds with
570terms not exceeding 20 years and not exceeding the useful life
571of the asset being financed. Community colleges shall use the
572services of the Division of Bond Finance of the State Board of
573Administration to issue any revenue bonds authorized by the
574provisions of this subsection. Any such bonds issued by the
575Division of Bond Finance shall be in compliance with the
576provisions of the State Bond Act. Bonds issued pursuant to the
577State Bond Act shall be validated in the manner established in
578chapter 75. The complaint for such validation shall be filed in
579the circuit court of the county where the seat of state
580government is situated, the notice required to be published by
581s. 75.06 shall be published only in the county where the
582complaint is filed, and the complaint and order of the circuit
583court shall be served only on the state attorney of the circuit
584in which the action is pending.
585     (b)  The State Board of Education may adopt rules pursuant
586to ss. 120.536(1) and 120.54 to administer the provisions of
587this subsection.
588     Section 8.  Subsections (4), (7), and (16) of section
5891009.24, Florida Statutes, as amended by chapter 2007-329, Laws
590of Florida, are amended to read:
591     1009.24  State university student fees.--
592     (4)(a)1.  Effective January 1, 2008, the resident
593undergraduate tuition for lower-level and upper-level coursework
594shall be $77.39 per credit hour.
595     2.(b)  Beginning with the 2008-2009 fiscal year and each
596year thereafter, the resident undergraduate tuition per credit
597hour shall increase at the beginning of each fall semester at a
598rate equal to inflation, unless otherwise provided in the
599General Appropriations Act. The Office of Economic and
600Demographic Research shall report the rate of inflation to the
601President of the Senate, the Speaker of the House of
602Representatives, the Governor, and the Board of Governors each
603year prior to March 1. For purposes of this subparagraph
604paragraph, the rate of inflation shall be defined as the rate of
605the 12-month percentage change in the Consumer Price Index for
606All Urban Consumers, U.S. City Average, All Items, or successor
607reports as reported by the United States Department of Labor,
608Bureau of Labor Statistics, or its successor for December of the
609previous year. In the event the percentage change is negative,
610the resident undergraduate tuition shall remain at the same
611level as the prior fiscal year.
612     3.  The Board of Governors, or the board's designee, may
613establish the out-of-state fee for undergraduate courses. The
614sum of the undergraduate tuition and the out-of-state fee
615assessed to nonresident students for undergraduate courses must
616be sufficient to offset the full instructional cost of serving
617such students. However, adjustments to the out-of-state fee
618pursuant to this subparagraph may not exceed 10 percent in any
619year.
620     (b)(c)  The Board of Governors, or the board's designee,
621may establish tuition for graduate tuition and professional
622programs, and the out-of-state fee fees for graduate-level
623courses all programs. The sum of graduate tuition and the out-
624of-state fee fees assessed to nonresident students for graduate-
625level courses must be sufficient to offset the full
626instructional cost of serving such students. However,
627adjustments to the out-of-state fee fees or graduate tuition for
628graduate and professional programs pursuant to this paragraph
629section may not exceed 10 percent in any year.
630     (c)  Each university board of trustees may establish
631tuition and the out-of-state fee for each professional program
632offered by the university. The sum of tuition and the out-of-
633state fee assessed to nonresident students in professional
634programs must be sufficient to offset the full instructional
635cost of serving such students. Adjustments to tuition or the
636out-of-state fee for any student who was enrolled in a
637professional program prior to the Fall 2008 term and maintains
638continuous enrollment in good academic standing in such program
639as determined by the university may not exceed 10 percent in any
640year.
641     (d)  The sum of the activity and service, health, and
642athletic fees a student is required to pay to register for a
643course shall not exceed 40 percent of the tuition established in
644law or in the General Appropriations Act. No university shall be
645required to lower any fee in effect on the effective date of
646this act in order to comply with this paragraph subsection.
647Within the 40 percent cap, universities may not increase the
648aggregate sum of activity and service, health, and athletic fees
649more than 5 percent per year unless specifically authorized in
650law or in the General Appropriations Act. A university may
651increase its athletic fee to defray the costs associated with
652changing National Collegiate Athletic Association divisions. Any
653such increase in the athletic fee may exceed both the 40 percent
654cap and the 5 percent cap imposed by this paragraph subsection.
655Any such increase must be approved by the athletic fee committee
656in the process outlined in subsection (12) and cannot exceed $2
657per credit hour. Notwithstanding the provisions of ss. 1009.534,
6581009.535, and 1009.536, that portion of any increase in an
659athletic fee pursuant to this paragraph subsection that causes
660the sum of the activity and service, health, and athletic fees
661to exceed the 40 percent cap or the annual increase in such fees
662to exceed the 5 percent cap shall not be included in calculating
663the amount a student receives for a Florida Academic Scholars
664award, a Florida Medallion Scholars award, or a Florida Gold
665Seal Vocational Scholars award.
666     (e)  This subsection does not prohibit a university from
667increasing or assessing optional fees related to specific
668activities if payment of such fees is not required as a part of
669registration for courses.
670     (7)  A university board of trustees is authorized to
671collect for financial aid purposes an amount not to exceed 5
672percent of the tuition and the out-of-state fee. The revenues
673from fees are to remain at each campus and replace existing
674financial aid fees. Such funds shall be disbursed to students as
675quickly as possible. A minimum of 75 percent of funds from the
676student financial aid fee for new financial aid awards shall be
677used to provide financial aid based on absolute need. A student
678who has received an award prior to July 1, 1984, shall have his
679or her eligibility assessed on the same criteria that were used
680at the time of his or her original award. The Board of Governors
681shall develop criteria for making financial aid awards. Each
682university shall report annually to the Board of Governors and
683the Department of Education on the revenue collected pursuant to
684this subsection, the amount carried forward, the criteria used
685to make awards, the amount and number of awards for each
686criterion, and a delineation of the distribution of such awards.
687The report shall include an assessment by category of the
688financial need of every student who receives an award,
689regardless of the purpose for which the award is received.
690Awards which are based on financial need shall be distributed in
691accordance with a nationally recognized system of need analysis
692approved by the Board of Governors. An award for academic merit
693shall require a minimum overall grade point average of 3.0 on a
6944.0 scale or the equivalent for both initial receipt of the
695award and renewal of the award.
696     (16)  The Board of Governors may establish a uniform
697maximum undergraduate tuition differential that does not exceed
69840 percent of tuition for all universities that meet the
699criteria for Funding Level 1 under s. 1004.635(3), and may
700establish a uniform maximum undergraduate tuition differential
701that does not exceed 30 percent of tuition for all universities
702that have total research and development expenditures for all
703fields of at least $100 million per year as reported annually to
704the National Science Foundation meet the criteria for Funding
705Level 2 under s. 1004.635(3). However, the board shall ensure
706that the maximum tuition differential it establishes for
707universities meeting the Funding Level 1 criteria is at least 30
708percent greater than the maximum tuition differential the board
709establishes for universities that meet the required Funding
710Level 2 criteria for research and development expenditures. The
711tuition differential is subject to the following conditions:
712     (a)  The sum of tuition and the tuition differential may
713not be increased by more than 15 percent of the total charged
714for these fees in the preceding fiscal year.
715     (b)  The tuition differential may not be calculated as a
716part of the scholarship programs established in ss. 1009.53-
7171009.537.
718     (c)  Beneficiaries having prepaid tuition contracts
719pursuant to s. 1009.98(2)(b) which were in effect on July 1,
7202008 2007, and which remain in effect, are exempt from the
721payment of the tuition differential.
722     (d)  The tuition differential may not be charged to any
723student who was in attendance at the university before July 1,
7242007, and who maintains continuous enrollment.
725     (e)  The tuition differential may be waived by the
726university for students who meet the eligibility requirements
727for the Florida public student assistance grant established in
728s. 1009.50.
729     (f)  A university board of trustees that has been
730authorized by the Board of Governors to establish a tuition
731differential pursuant to this subsection may establish the
732tuition differential at a rate lower than the maximum tuition
733differential established by the board, but may not exceed the
734maximum tuition differential established by the board.
735     (g)  The revenue generated from the tuition differential
736must be spent solely for improving the quality of direct
737undergraduate instruction and support services.
738     (h)  Information relating to the annual receipt and
739expenditure of the proceeds from the assessment of the tuition
740differential shall be reported by the university in accordance
741with guidelines established by the Board of Governors.
742     Section 9.  Subsection (3) of section 1009.25, Florida
743Statutes, is amended to read:
744     1009.25  Fee exemptions.--
745     (3)  At the discretion of the community college board of
746trustees, each community college is authorized to grant student
747fee exemptions from all fees authorized in s. 1009.23 adopted by
748the State Board of Education and the community college board of
749trustees for up to 0.5 percent of the community college's prior
750year fee-paying full-time equivalent students or 54 40 full-time
751equivalent students, whichever is greater at each institution. A
752"fee-paying student" means a student enrolled in college-
753preparatory courses, an associate in arts degree program, an
754associate in science degree program, career-preparatory
755instruction, an educator preparation institute, or a
756baccalaureate degree program.
757     Section 10.  Subsection (1) of section 1009.265, Florida
758Statutes, is amended to read:
759     1009.265  State employee fee waivers.--
760     (1)  As a benefit to the employer and employees of the
761state, subject to approval by an employee's agency head or the
762equivalent, each state university and community college shall
763waive tuition and fees for state employees to enroll for up to 6
764credit hours of courses, including distance learning or online
765courses, per term on a space-available basis. The employee must
766have the approval of his or her supervisor to use the waiver to
767take a course or courses during normal work hours. For purposes
768of implementing this section, the space available in a course is
769to be determined based on the number of seats or capacity
770remaining in the course at the end of the drop-add period. State
771employee fee waivers may not be used for dissertation, thesis,
772directed individual study (DIS), or other one-to-one
773instruction.
774     Section 11.  Paragraph (b) of subsection (2) of section
7751009.98, Florida Statutes, is amended to read:
776     1009.98  Stanley G. Tate Florida Prepaid College Program.--
777     (2)  PREPAID COLLEGE PLANS.--At a minimum, the board shall
778make advance payment contracts available for two independent
779plans to be known as the community college plan and the
780university plan. The board may also make advance payment
781contracts available for a dormitory residence plan. The board
782may restrict the number of participants in the community college
783plan, university plan, and dormitory residence plan,
784respectively. However, any person denied participation solely on
785the basis of such restriction shall be granted priority for
786participation during the succeeding year.
787     (b)1.  Through the university plan, the advance payment
788contract shall provide prepaid registration fees for a specified
789number of undergraduate semester credit hours not to exceed the
790average number of hours required for the conference of a
791baccalaureate degree. Qualified beneficiaries shall bear the
792cost of any laboratory fees associated with enrollment in
793specific courses. Each qualified beneficiary shall be classified
794as a resident for tuition purposes pursuant to s. 1009.21,
795regardless of his or her actual legal residence.
796     2.  Effective July 1, 1998, the board may provide advance
797payment contracts for additional fees delineated in s.
7981009.24(9)-(12)(8)-(11), for a specified number of undergraduate
799semester credit hours not to exceed the average number of hours
800required for the conference of a baccalaureate degree, in
801conjunction with advance payment contracts for registration
802fees. Such contracts shall provide prepaid coverage for the sum
803of such fees, to a maximum of 45 percent of the cost of
804registration fees. University plan contracts purchased prior to
805July 1, 1998, shall be limited to the payment of registration
806fees as defined in s. 1009.97.
807     3.  Effective July 1, 2007, the board may provide advance
808payment contracts for the tuition differential authorized in s.
8091009.24(16)(15) for a specified number of undergraduate semester
810credit hours, which may not exceed the average number of hours
811required for the conference of a baccalaureate degree, in
812conjunction with advance payment contracts for registration
813fees.
814     Section 12.  Subsection (5) of section 1011.48, Florida
815Statutes, is amended to read:
816     1011.48  Establishment of educational research centers for
817child development.--
818     (5)  Each educational research center for child development
819shall be funded by a portion of the Capital Improvement Trust
820Fund fee established by the Board of Governors pursuant to s.
8211009.24(8)(7). Each university that establishes a center shall
822receive a portion of such fees collected from the students
823enrolled at that university, usable only at that university,
824equal to 22.5 cents per student per credit hour taken per term,
825based on the summer term and fall and spring semesters. This
826allocation shall be used by the university only for the
827establishment and operation of a center as provided by this
828section and rules adopted hereunder. Said allocation may be made
829only after all bond obligations required to be paid from such
830fees have been met.
831     Section 13.  Section 196.192, Florida Statutes, is amended
832to read:
833     196.192  Exemptions from ad valorem taxation.--Subject to
834the provisions of this chapter:
835     (1)  All property owned by an exempt entity, including
836educational institutions, and used exclusively for exempt
837purposes shall be totally exempt from ad valorem taxation.
838     (2)  All property owned by an exempt entity, including
839educational institutions, and used predominantly for exempt
840purposes shall be exempted from ad valorem taxation to the
841extent of the ratio that such predominant use bears to the
842nonexempt use.
843     (3)  All tangible personal property loaned or leased by a
844natural person, by a trust holding property for a natural
845person, or by an exempt entity to an exempt entity for public
846display or exhibition on a recurrent schedule is exempt from ad
847valorem taxation if the property is loaned or leased for no
848consideration or for nominal consideration.
849
850For purposes of this section, each use to which the property is
851being put must be considered in granting an exemption from ad
852valorem taxation, including any economic use in addition to any
853physical use. For purposes of this section, property owned by a
854limited liability company, the sole member of which is an exempt
855entity, shall be treated as if the property were owned directly
856by the exempt entity. This section does not apply in determining
857the exemption for property owned by governmental units pursuant
858to s. 196.199.
859     Section 14.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.