Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 1666
Ì798384RÎ798384
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/23/2014 .
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The Committee on Appropriations (Latvala) recommended the
following:
1 Senate Amendment to Amendment (465622) (with title
2 amendment)
3
4 Between lines 3509 and 3510
5 insert:
6 Section 44. Paragraphs (c) through (g) of subsection (3) of
7 section 1009.22, Florida Statutes, are amended to read:
8 1009.22 Workforce education postsecondary student fees.—
9 (3)
10 (c) Effective July 1, 2014 2011, for programs leading to a
11 career certificate or an applied technology diploma, the
12 standard tuition shall be $2.33 $2.22 per contact hour for
13 residents and nonresidents and the out-of-state fee shall be
14 $6.99 $6.66 per contact hour. For adult general education
15 programs, a block tuition of $45 per half year or $30 per term
16 shall be assessed for residents and nonresidents, and the out
17 of-state fee shall be $135 per half year or $90 per term. Each
18 district school board and Florida College System institution
19 board of trustees shall adopt policies and procedures for the
20 collection of and accounting for the expenditure of the block
21 tuition. All funds received from the block tuition shall be used
22 only for adult general education programs. Students enrolled in
23 adult general education programs may not be assessed the fees
24 authorized in subsection (5), subsection (6), or subsection (7).
25 (d) Beginning with the 2008-2009 fiscal year and each year
26 thereafter, the tuition and the out-of-state fee per contact
27 hour shall increase at the beginning of each fall semester at a
28 rate equal to inflation, unless otherwise provided in the
29 General Appropriations Act. The Office of Economic and
30 Demographic Research shall report the rate of inflation to the
31 President of the Senate, the Speaker of the House of
32 Representatives, the Governor, and the State Board of Education
33 each year prior to March 1. For purposes of this paragraph, the
34 rate of inflation shall be defined as the rate of the 12-month
35 percentage change in the Consumer Price Index for All Urban
36 Consumers, U.S. City Average, All Items, or successor reports as
37 reported by the United States Department of Labor, Bureau of
38 Labor Statistics, or its successor for December of the previous
39 year. In the event the percentage change is negative, the
40 tuition and out-of-state fee shall remain at the same level as
41 the prior fiscal year.
42 (d)(e) Each district school board and each Florida College
43 System institution board of trustees may adopt tuition and out
44 of-state fees that may vary no more than 5 percent below and 5
45 percent above the combined total of the standard tuition and
46 out-of-state fees established in paragraph (c).
47 (e)(f) The maximum increase in resident tuition for any
48 school district or Florida College System institution during the
49 2007-2008 fiscal year shall be 5 percent over the tuition
50 charged during the 2006-2007 fiscal year.
51 (f)(g) The State Board of Education may adopt, by rule, the
52 definitions and procedures that district school boards and
53 Florida College System institution boards of trustees shall use
54 in the calculation of cost borne by students.
55 Section 45. Subsection (3) of section 1009.23, Florida
56 Statutes, is amended to read:
57 1009.23 Florida College System institution student fees.—
58 (3)(a) Effective July 1, 2014 2011, for advanced and
59 professional, postsecondary vocational, developmental education,
60 and educator preparation institute programs, the standard
61 tuition shall be $71.98 $68.56 per credit hour for residents and
62 nonresidents, and the out-of-state fee shall be $215.94 $205.82
63 per credit hour.
64 (b) Effective July 1, 2014 2011, for baccalaureate degree
65 programs, the following tuition and fee rates shall apply:
66 1. The tuition shall be $91.79 $87.42 per credit hour for
67 students who are residents for tuition purposes.
68 2. The sum of the tuition and the out-of-state fee per
69 credit hour for students who are nonresidents for tuition
70 purposes shall be no more than 85 percent of the sum of the
71 tuition and the out-of-state fee at the state university nearest
72 the Florida College System institution.
73 (c) Beginning with the 2008-2009 fiscal year and each year
74 thereafter, the tuition and the out-of-state fee shall increase
75 at the beginning of each fall semester at a rate equal to
76 inflation, unless otherwise provided in the General
77 Appropriations Act. The Office of Economic and Demographic
78 Research shall report the rate of inflation to the President of
79 the Senate, the Speaker of the House of Representatives, the
80 Governor, and the State Board of Education each year prior to
81 March 1. For purposes of this paragraph, the rate of inflation
82 shall be defined as the rate of the 12-month percentage change
83 in the Consumer Price Index for All Urban Consumers, U.S. City
84 Average, All Items, or successor reports as reported by the
85 United States Department of Labor, Bureau of Labor Statistics,
86 or its successor for December of the previous year. In the event
87 the percentage change is negative, the tuition and the out-of
88 state fee per credit hour shall remain at the same levels as the
89 prior fiscal year.
90 Section 46. Paragraphs (a), (b), and (e) of subsection (4)
91 and paragraph (b) of subsection (16) of section 1009.24, Florida
92 Statutes, are amended, to read:
93 1009.24 State university student fees.—
94 (4)(a) Effective July 1, 2014 2011, the resident
95 undergraduate tuition for lower-level and upper-level coursework
96 shall be $105.07 $103.32 per credit hour.
97 (b) Beginning with the 2008-2009 fiscal year and each year
98 thereafter, the resident undergraduate tuition per credit hour
99 shall increase at the beginning of each fall semester at a rate
100 equal to inflation, unless otherwise provided in the General
101 Appropriations Act. The Office of Economic and Demographic
102 Research shall report the rate of inflation to the President of
103 the Senate, the Speaker of the House of Representatives, the
104 Governor, and the Board of Governors each year prior to March 1.
105 For purposes of this paragraph, the rate of inflation shall be
106 defined as the rate of the 12-month percentage change in the
107 Consumer Price Index for All Urban Consumers, U.S. City Average,
108 All Items, or successor reports as reported by the United States
109 Department of Labor, Bureau of Labor Statistics, or its
110 successor for December of the previous year. In the event the
111 percentage change is negative, the resident undergraduate
112 tuition shall remain at the same level as the prior fiscal year.
113 (d)(e) The sum of the activity and service, health, and
114 athletic fees a student is required to pay to register for a
115 course may shall not exceed 40 percent of the tuition
116 established in law or in the General Appropriations Act. No
117 university shall be required to lower any fee in effect on the
118 effective date of this act in order to comply with this
119 subsection. Within the 40 percent cap, universities may not
120 increase the aggregate sum of activity and service, health, and
121 athletic fees more than 5 percent per year, or the same
122 percentage increase in tuition authorized under paragraph (b),
123 whichever is greater, unless specifically authorized in law or
124 in the General Appropriations Act. A university may increase its
125 athletic fee to defray the costs associated with changing
126 National Collegiate Athletic Association divisions. Any such
127 increase in the athletic fee may exceed both the 40 percent cap
128 and the 5 percent cap imposed by this subsection. Any such
129 increase must be approved by the athletic fee committee in the
130 process outlined in subsection (12) and may not cannot exceed $2
131 per credit hour. Notwithstanding the provisions of ss. 1009.534,
132 1009.535, and 1009.536, that portion of any increase in an
133 athletic fee pursuant to this subsection which that causes the
134 sum of the activity and service, health, and athletic fees to
135 exceed the 40 percent cap or the annual increase in such fees to
136 exceed the 5 percent cap may shall not be included in
137 calculating the amount a student receives for a Florida Academic
138 Scholars award, a Florida Medallion Scholars award, or a Florida
139 Gold Seal Vocational Scholars award. Notwithstanding this
140 paragraph and subject to approval by the board of trustees, each
141 state university may is authorized to exceed the 5 percent 5
142 percent cap on the annual increase to the aggregate sum of
143 activity and service, health, and athletic fees for the 2010
144 2011 fiscal year. Any such increase may shall not exceed 15
145 percent or the amount required to reach the 2009-2010 fiscal
146 year statewide average for the aggregate sum of activity and
147 service, health, and athletic fees at the main campuses,
148 whichever is greater. The aggregate sum of the activity and
149 service, health, and athletic fees may shall not exceed 40
150 percent of tuition. Any increase in the activity and service
151 fee, health fee, or athletic fee must be approved by the
152 appropriate fee committee pursuant to subsection (10),
153 subsection (11), or subsection (12).
154 (16) Each university board of trustees may establish a
155 tuition differential for undergraduate courses upon receipt of
156 approval from the Board of Governors. The tuition differential
157 shall promote improvements in the quality of undergraduate
158 education and shall provide financial aid to undergraduate
159 students who exhibit financial need.
160 (b) Each tuition differential is subject to the following
161 conditions:
162 1. The tuition differential may be assessed on one or more
163 undergraduate courses or on all undergraduate courses at a state
164 university.
165 2. The tuition differential may vary by course or courses,
166 campus or center location, and by institution. Each university
167 board of trustees shall strive to maintain and increase
168 enrollment in degree programs related to math, science, high
169 technology, and other state or regional high-need fields when
170 establishing tuition differentials by course.
171 3. For each state university that is designated as a
172 preeminent state research university by the Board of Governors,
173 pursuant to s. 1001.7065 that has total research and development
174 expenditures for all fields of at least $100 million per year as
175 reported annually to the National Science Foundation, the
176 aggregate sum of tuition and the tuition differential may not be
177 increased by no more than 6 15 percent of the total charged for
178 the aggregate sum of these fees in the preceding fiscal year if
179 the university meets or exceeds each performance standard target
180 for that university established annually by the Board of
181 Governors for the following performance standards, each
182 amounting to no more than a 2 percent increase in tuition
183 differential:
184 a. Increase in the 6-year graduation rate for full-time,
185 first-time-in-college students, as reported annually to the
186 Integrated Postsecondary Education Data System;
187 b. Increase in the total annual research expenditures; and
188 c. Increase in the total patents awarded by the United
189 States Patent and Trademark Office for the most recent years.
190 For each state university that has total research and
191 development expenditures for all fields of less than $100
192 million per year as reported annually to the National Science
193 Foundation, the aggregate sum of tuition and the tuition
194 differential may not be increased by more than 15 percent of the
195 total charged for the aggregate sum of these fees in the
196 preceding fiscal year.
197 4. The aggregate sum of undergraduate tuition and fees per
198 credit hour, including the tuition differential, may not exceed
199 the national average of undergraduate tuition and fees at 4-year
200 degree-granting public postsecondary educational institutions.
201 5. The tuition differential shall not be included in any
202 award under the Florida Bright Futures Scholarship Program
203 established pursuant to ss. 1009.53-1009.538.
204 6. Beneficiaries having prepaid tuition contracts pursuant
205 to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
206 which remain in effect, are exempt from the payment of the
207 tuition differential.
208 7. The tuition differential may not be charged to any
209 student who was in attendance at the university before July 1,
210 2007, and who maintains continuous enrollment.
211 8. The tuition differential may be waived by the university
212 for students who meet the eligibility requirements for the
213 Florida public student assistance grant established in s.
214 1009.50.
215 9. Subject to approval by the Board of Governors, the
216 tuition differential authorized pursuant to this subsection may
217 take effect with the 2009 fall term.
218 Section 47. Subsection (8) of section 1009.26, Florida
219 Statutes, is amended, and subsection (12) is added to that
220 section, to read:
221 1009.26 Fee waivers.—
222 (8) A state university, a or Florida College System
223 institution, a career center operated by a school district under
224 s. 1001.44, or a charter technical career center shall waive
225 undergraduate tuition for each recipient of a Purple Heart or
226 another combat decoration superior in precedence who:
227 (a) Is enrolled as a full-time, part-time, or summer-school
228 student in an undergraduate program that terminates in a degree
229 or certificate;
230 (b) Is currently, and was at the time of the military
231 action that resulted in the awarding of the Purple Heart or
232 other combat decoration superior in precedence, a resident of
233 this state; and
234 (c) Submits to the state university or the Florida College
235 System institution the DD-214 form issued at the time of
236 separation from service as documentation that the student has
237 received a Purple Heart or another combat decoration superior in
238 precedence. If the DD-214 is not available, other documentation
239 may be acceptable if recognized by the United States Department
240 of Defense or the United States Department of Veterans Affairs
241 as documenting the award.
242
243 Such a waiver for a Purple Heart recipient or recipient of
244 another combat decoration superior in precedence shall be
245 applicable for 110 percent of the number of required credit
246 hours of the degree or certificate program for which the student
247 is enrolled.
248 (12)(a) A state university, a Florida College System
249 institution, a career center operated by a school district under
250 s. 1001.44, or a charter technical career center shall waive
251 out-of-state fees for students, including but not limited to
252 students who are undocumented for federal immigration purposes,
253 who meet the following conditions:
254 1. Attended a secondary school in this state, which is not
255 the Florida Virtual School Global, for 3 consecutive years
256 immediately before graduating from a high school in this state;
257 2. Enrolled in a degree or certificate program at an
258 institution of higher education within 24 months after high
259 school graduation; and
260 3. Submitted an official Florida high school transcript as
261 evidence of attendance and graduation.
262 (b) Tuition and fees charged to a student who qualifies for
263 the out-of-state fee waiver under this subsection may not exceed
264 the tuition and fees charged to a resident student. The waiver
265 is applicable for 110 percent of the required credit hours of
266 the degree or certificate program for which the student is
267 enrolled. Each state university, Florida College System
268 institution, career center operated by a school district under
269 s. 1001.44, and charter technical career center shall report to
270 the Board of Governors and the State Board of Education, as
271 appropriate, the number and value of all fee waivers granted
272 annually under this subsection. The Board of Governors for the
273 state universities and the State Board of Education for Florida
274 College System institutions, career centers operated by a school
275 district under s. 1001.44, and charter technical career centers
276 shall annually certify within their legislative budget requests
277 that the percentage of resident students enrolled systemwide is
278 at least the same as the 2013-2014 resident student enrollment
279 systemwide.
280 (c) A student who is granted an out-of-state fee waiver
281 under this subsection is not eligible for state financial aid
282 under part III of chapter 1009.
283 Section 48. Subsection (10) of section 1009.98, Florida
284 Statutes, is amended to read:
285 1009.98 Stanley G. Tate Florida Prepaid College Program.—
286 (10) PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.—
287 (a) As used in this subsection, the term:
288 1. “Actuarial reserve” means the amount by which the
289 expected value of the assets exceeds exceed the expected value
290 of the liabilities of the trust fund.
291 2. “Dormitory fees” means the fees included under advance
292 payment contracts pursuant to paragraph (2)(d).
293 3. “Fiscal year” means the fiscal year of the state
294 pursuant to s. 215.01.
295 4. “Local fees” means the fees covered by an advance
296 payment contract provided pursuant to subparagraph (2)(b)2.
297 5. “Tuition differential” means the fee covered by advance
298 payment contracts sold pursuant to subparagraph (2)(b)3. The
299 base rate for the tuition differential fee for the 2012-2013
300 fiscal year is established at $37.03 per credit hour. The base
301 rate for the tuition differential in subsequent years is the
302 amount assessed paid by the board for the tuition differential
303 for the preceding year adjusted pursuant to subparagraph (b)2.
304 (b) Effective with the 2009-2010 academic year and
305 thereafter, and notwithstanding the provisions of s. 1009.24,
306 the amount paid by the board to any state university on behalf
307 of a qualified beneficiary of an advance payment contract whose
308 contract was purchased before July 1, 2024 2009, shall be:
309 1. As to registration fees, if the actuarial reserve is
310 less than 5 percent of the expected liabilities of the trust
311 fund, the board shall pay the state universities 5.5 percent
312 above the amount assessed for registration fees in the preceding
313 fiscal year. If the actuarial reserve is between 5 percent and 6
314 percent of the expected liabilities of the trust fund, the board
315 shall pay the state universities 6 percent above the amount
316 assessed for registration fees in the preceding fiscal year. If
317 the actuarial reserve is between 6 percent and 7.5 percent of
318 the expected liabilities of the trust fund, the board shall pay
319 the state universities 6.5 percent above the amount assessed for
320 registration fees in the preceding fiscal year. If the actuarial
321 reserve is equal to or greater than 7.5 percent of the expected
322 liabilities of the trust fund, the board shall pay the state
323 universities 7 percent above the amount assessed for
324 registration fees in the preceding fiscal year, whichever is
325 greater.
326 2. As to the tuition differential, if the actuarial reserve
327 is less than 5 percent of the expected liabilities of the trust
328 fund, the board shall pay the state universities 5.5 percent
329 above the base rate for the tuition differential fee in the
330 preceding fiscal year. If the actuarial reserve is between 5
331 percent and 6 percent of the expected liabilities of the trust
332 fund, the board shall pay the state universities 6 percent above
333 the base rate for the tuition differential fee in the preceding
334 fiscal year. If the actuarial reserve is between 6 percent and
335 7.5 percent of the expected liabilities of the trust fund, the
336 board shall pay the state universities 6.5 percent above the
337 base rate for the tuition differential fee in the preceding
338 fiscal year. If the actuarial reserve is equal to or greater
339 than 7.5 percent of the expected liabilities of the trust fund,
340 the board shall pay the state universities 7 percent above the
341 base rate for the tuition differential fee in the preceding
342 fiscal year.
343 3. As to local fees, the board shall pay the state
344 universities 5 percent above the amount assessed for local fees
345 in the preceding fiscal year.
346 4. As to dormitory fees, the board shall pay the state
347 universities 6 percent above the amount assessed for dormitory
348 fees in the preceding fiscal year.
349 5. Qualified beneficiaries of advance payment contracts
350 purchased before July 1, 2007, are exempt from paying any
351 tuition differential fee.
352 (c) Notwithstanding the amount assessed for registration
353 fees, the tuition differential fee, or local fees, the amount
354 paid by the board to any state university on behalf of a
355 qualified beneficiary of an advance payment contract purchased
356 before July 1, 2024, may not exceed 100 percent of the amount
357 charged by the state university for the aggregate sum of those
358 fees.
359 (d) Notwithstanding the amount assessed for dormitory fees,
360 the amount paid by the board to any state university on behalf
361 of a qualified beneficiary of an advance payment contract
362 purchased before July 1, 2024, may not exceed 100 percent of the
363 amount charged by the state university for dormitory fees.
364 (e)(c) The board shall pay state universities the actual
365 amount assessed in accordance with law for registration fees,
366 the tuition differential, local fees, and dormitory fees for
367 advance payment contracts purchased on or after July 1, 2024
368 2009.
369 (f)(d) The board shall annually evaluate or cause to be
370 evaluated the actuarial soundness of the trust fund.
371 Section 49. Subsection (10) of section 1011.80, Florida
372 Statutes, is amended to read:
373 1011.80 Funds for operation of workforce education
374 programs.—
375 (10) A high school student dually enrolled under s.
376 1007.271 in a workforce education program operated by a Florida
377 College System institution or school district career center
378 generates the amount calculated for workforce education funding,
379 including any payment of performance funding, and the
380 proportional share of full-time equivalent enrollment generated
381 through the Florida Education Finance Program for the student’s
382 enrollment in a high school. If a high school student is dually
383 enrolled in a Florida College System institution program,
384 including a program conducted at a high school, the Florida
385 College System institution earns the funds generated for
386 workforce education funding, and the school district earns the
387 proportional share of full-time equivalent funding from the
388 Florida Education Finance Program. If a student is dually
389 enrolled in a career center operated by the same district as the
390 district in which the student attends high school, that district
391 earns the funds generated for workforce education funding and
392 also earns the proportional share of full-time equivalent
393 funding from the Florida Education Finance Program. If a student
394 is dually enrolled in a workforce education program provided by
395 a career center operated by a different school district, the
396 funds must be divided between the two school districts
397 proportionally from the two funding sources. A student may not
398 be reported for funding in a dual enrollment workforce education
399 program unless the student has completed the basic skills
400 assessment pursuant to s. 1004.91. A student who is coenrolled
401 in a K-12 education program and an adult education program may
402 be reported for purposes of funding in an adult education
403 program. If a student is coenrolled in core curricula courses
404 for credit recovery or dropout prevention purposes and does not
405 have a pattern of excessive absenteeism or habitual truancy or a
406 history of disruptive behavior in school, the student may be
407 reported for funding for up to two courses per year. Such a
408 student is exempt from the payment of the block tuition for
409 adult general education programs provided in s. 1009.22(3)(c) s.
410 1009.22(3)(d). The Department of Education shall develop a list
411 of courses to be designated as core curricula courses for the
412 purposes of coenrollment.
413 Section 50. A dependent child who is a citizen of the
414 United States of America may not be denied residency
415 classification for tuition purposes based solely on the parent’s
416 undocumented immigration status. All applicable laws apply.
417
418 ================= T I T L E A M E N D M E N T ================
419 And the title is amended as follows:
420 Between lines 4163 and 4164
421 insert:
422 amending ss. 1009.22 and 1009.23, F.S.; revising the
423 standard tuition and out-of-state fees for workforce
424 education postsecondary programs leading to certain
425 certificates and diplomas and certain other programs
426 at Florida College System institutions; deleting a
427 provision relating to an increase in tuition and out
428 of-state fees at a rate equal to inflation; deleting a
429 requirement that the Office of Economic and
430 Demographic Research annually report the rate of
431 inflation to the Governor, the Legislature, and the
432 State Board of Education; deleting the definition of
433 the term “rate of inflation”; amending s. 1009.24,
434 F.S.; revising the resident undergraduate tuition for
435 lower-level and upper-level coursework; deleting a
436 provision related to an increase of the resident
437 undergraduate tuition at state universities at a rate
438 equal to inflation; deleting the requirement of the
439 Office of Economic and Demographic Research to
440 annually report the rate of inflation to the Governor,
441 the Legislature, and the Board of Governors; deleting
442 the definition of the term “rate of inflation”;
443 conforming provisions to changes made by the act;
444 authorizing a state university board of trustees to
445 increase the aggregate sum of tuition and tuition
446 differential for up to 6 percent of the total charged
447 for the aggregate sum of such fees in the preceding
448 year if the state university meets the specified
449 conditions; amending s. 1009.26, F.S.; requiring a
450 state university, a Florida College System
451 institution, a career center operated by a school
452 district, or a charter technical career center to
453 waive undergraduate tuition for a recipient of a
454 Purple Heart or another combat decoration superior in
455 precedence under certain conditions; requiring a state
456 university, a Florida College System institution, a
457 career center operated by a school district, and a
458 charter technical career center to waive out-of-state
459 fees for certain students who meet specified
460 conditions; requiring a state university, a Florida
461 College System institution, a career center operated
462 by a school district, and a charter technical career
463 center to report to the Board of Governors and the
464 State Board of Education, as appropriate, the number
465 and value of all fee waivers; requiring the Board of
466 Governors for the state universities and the State
467 Board of Education for the Florida College System
468 institutions, career centers operated by a school
469 district, and charter technical career centers to
470 annually certify within their legislative budget
471 requests that the percentage of resident students
472 enrolled systemwide is at least the same as the
473 resident student enrollment systemwide in a specified
474 academic year; providing that a student who is granted
475 the out-of-state fee waiver is not eligible for state
476 financial aid; amending s. 1009.98, F.S.; redefining
477 the term “tuition differential”; revising the purchase
478 date of an advance payment contract as it relates to
479 the amount paid by the Florida Prepaid College Board
480 to a state university on behalf of a qualified
481 beneficiary; prohibiting the amount of the aggregate
482 sum of registration fees, the tuition differential
483 fee, and local fees paid by the board to a state
484 university on behalf of a qualified beneficiary of an
485 advance payment contract from exceeding a certain
486 percentage of the amount charged by the state
487 university for the aggregate sum of those fees;
488 prohibiting the amount of the dormitory fees paid for
489 by the board to a state university on behalf of a
490 qualified beneficiary of an advance payment contract
491 from exceeding a certain percentage of the amount
492 charged by the state university for those fees;
493 conforming provisions to changes made by the act;
494 amending s. 1011.80, F.S.; conforming a cross
495 reference; prohibiting certain dependent children from
496 being denied residency classification for tuition
497 purposes based solely on a parent’s undocumented
498 immigration status;