Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 851, 2nd Eng.
       
       
       
       
       
       
                                Ì795968oÎ795968                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/3R         .         Floor: SENA1/C         
             05/01/2014 07:07 PM       .      05/02/2014 11:33 AM       
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       Senators Latvala and Legg moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (10) of section 1009.98, Florida
    6  Statutes, is amended to read:
    7         1009.98 Stanley G. Tate Florida Prepaid College Program.—
    8         (10) PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.—
    9         (a) As used in this subsection, the term:
   10         1. “Actuarial reserve” means the amount by which the
   11  expected value of the assets exceeds exceed the expected value
   12  of the liabilities of the trust fund.
   13         2. “Dormitory fees” means the fees included under advance
   14  payment contracts pursuant to paragraph (2)(d).
   15         3. “Fiscal year” means the fiscal year of the state
   16  pursuant to s. 215.01.
   17         4. “Local fees” means the fees covered by an advance
   18  payment contract provided pursuant to subparagraph (2)(b)2.
   19         5. “Tuition differential” means the fee covered by advance
   20  payment contracts sold pursuant to subparagraph (2)(b)3. The
   21  base rate for the tuition differential fee for the 2012-2013
   22  fiscal year is established at $37.03 per credit hour. The base
   23  rate for the tuition differential in subsequent years is the
   24  amount assessed paid by the board for the tuition differential
   25  for the preceding year adjusted pursuant to subparagraph (b)2.
   26         (b) Effective with the 2009-2010 academic year and
   27  thereafter, and notwithstanding the provisions of s. 1009.24,
   28  the amount paid by the board to any state university on behalf
   29  of a qualified beneficiary of an advance payment contract whose
   30  contract was purchased before July 1, 2024 2009, shall be:
   31         1. As to registration fees, if the actuarial reserve is
   32  less than 5 percent of the expected liabilities of the trust
   33  fund, the board shall pay the state universities 5.5 percent
   34  above the amount assessed for registration fees in the preceding
   35  fiscal year. If the actuarial reserve is between 5 percent and 6
   36  percent of the expected liabilities of the trust fund, the board
   37  shall pay the state universities 6 percent above the amount
   38  assessed for registration fees in the preceding fiscal year. If
   39  the actuarial reserve is between 6 percent and 7.5 percent of
   40  the expected liabilities of the trust fund, the board shall pay
   41  the state universities 6.5 percent above the amount assessed for
   42  registration fees in the preceding fiscal year. If the actuarial
   43  reserve is equal to or greater than 7.5 percent of the expected
   44  liabilities of the trust fund, the board shall pay the state
   45  universities 7 percent above the amount assessed for
   46  registration fees in the preceding fiscal year, whichever is
   47  greater.
   48         2. As to the tuition differential, if the actuarial reserve
   49  is less than 5 percent of the expected liabilities of the trust
   50  fund, the board shall pay the state universities 5.5 percent
   51  above the base rate for the tuition differential fee in the
   52  preceding fiscal year. If the actuarial reserve is between 5
   53  percent and 6 percent of the expected liabilities of the trust
   54  fund, the board shall pay the state universities 6 percent above
   55  the base rate for the tuition differential fee in the preceding
   56  fiscal year. If the actuarial reserve is between 6 percent and
   57  7.5 percent of the expected liabilities of the trust fund, the
   58  board shall pay the state universities 6.5 percent above the
   59  base rate for the tuition differential fee in the preceding
   60  fiscal year. If the actuarial reserve is equal to or greater
   61  than 7.5 percent of the expected liabilities of the trust fund,
   62  the board shall pay the state universities 7 percent above the
   63  base rate for the tuition differential fee in the preceding
   64  fiscal year.
   65         3. As to local fees, the board shall pay the state
   66  universities 5 percent above the amount assessed for local fees
   67  in the preceding fiscal year.
   68         4. As to dormitory fees, the board shall pay the state
   69  universities 6 percent above the amount assessed for dormitory
   70  fees in the preceding fiscal year.
   71         5. Qualified beneficiaries of advance payment contracts
   72  purchased before July 1, 2007, are exempt from paying any
   73  tuition differential fee.
   74         (c) Notwithstanding the amount assessed for registration
   75  fees, the tuition differential, or local fees, the amount paid
   76  by the board to any state university on behalf of a qualified
   77  beneficiary of an advance payment contract purchased before July
   78  1, 2024, may not exceed 100 percent of the amount charged by the
   79  state university for the aggregate sum of those fees.
   80         (d) Notwithstanding the amount assessed for dormitory fees,
   81  the amount paid by the board to any state university on behalf
   82  of a qualified beneficiary of an advance payment contract
   83  purchased before July 1, 2024, may not exceed 100 percent of the
   84  amount charged by the state university for dormitory fees.
   85         (e)(c) The board shall pay state universities the actual
   86  amount assessed in accordance with law for registration fees,
   87  the tuition differential, local fees, and dormitory fees for
   88  advance payment contracts purchased on or after July 1, 2024
   89  2009.
   90         (f)(d) The board shall annually evaluate or cause to be
   91  evaluated the actuarial soundness of the trust fund.
   92         Section 2. Paragraphs (c) through (g) of subsection (3) of
   93  section 1009.22, Florida Statutes, are amended to read:
   94         1009.22 Workforce education postsecondary student fees.—
   95         (3)
   96         (c) Effective July 1, 2014 2011, for programs leading to a
   97  career certificate or an applied technology diploma, the
   98  standard tuition shall be $2.33 $2.22 per contact hour for
   99  residents and nonresidents and the out-of-state fee shall be
  100  $6.99 $6.66 per contact hour. For adult general education
  101  programs, a block tuition of $45 per half year or $30 per term
  102  shall be assessed for residents and nonresidents, and the out
  103  of-state fee shall be $135 per half year or $90 per term. Each
  104  district school board and Florida College System institution
  105  board of trustees shall adopt policies and procedures for the
  106  collection of and accounting for the expenditure of the block
  107  tuition. All funds received from the block tuition shall be used
  108  only for adult general education programs. Students enrolled in
  109  adult general education programs may not be assessed the fees
  110  authorized in subsection (5), subsection (6), or subsection (7).
  111         (d) Beginning with the 2008-2009 fiscal year and each year
  112  thereafter, the tuition and the out-of-state fee per contact
  113  hour shall increase at the beginning of each fall semester at a
  114  rate equal to inflation, unless otherwise provided in the
  115  General Appropriations Act. The Office of Economic and
  116  Demographic Research shall report the rate of inflation to the
  117  President of the Senate, the Speaker of the House of
  118  Representatives, the Governor, and the State Board of Education
  119  each year prior to March 1. For purposes of this paragraph, the
  120  rate of inflation shall be defined as the rate of the 12-month
  121  percentage change in the Consumer Price Index for All Urban
  122  Consumers, U.S. City Average, All Items, or successor reports as
  123  reported by the United States Department of Labor, Bureau of
  124  Labor Statistics, or its successor for December of the previous
  125  year. In the event the percentage change is negative, the
  126  tuition and out-of-state fee shall remain at the same level as
  127  the prior fiscal year.
  128         (d)(e) Each district school board and each Florida College
  129  System institution board of trustees may adopt tuition and out
  130  of-state fees that may vary no more than 5 percent below and 5
  131  percent above the combined total of the standard tuition and
  132  out-of-state fees established in paragraph (c).
  133         (e)(f) The maximum increase in resident tuition for any
  134  school district or Florida College System institution during the
  135  2007-2008 fiscal year shall be 5 percent over the tuition
  136  charged during the 2006-2007 fiscal year.
  137         (f)(g) The State Board of Education may adopt, by rule, the
  138  definitions and procedures that district school boards and
  139  Florida College System institution boards of trustees shall use
  140  in the calculation of cost borne by students.
  141         Section 3. Subsection (3) of section 1009.23, Florida
  142  Statutes, is amended to read:
  143         1009.23 Florida College System institution student fees.—
  144         (3)(a) Effective July 1, 2014 2011, for advanced and
  145  professional, postsecondary vocational, developmental education,
  146  and educator preparation institute programs, the standard
  147  tuition shall be $71.98 $68.56 per credit hour for residents and
  148  nonresidents, and the out-of-state fee shall be $215.94 $205.82
  149  per credit hour.
  150         (b) Effective July 1, 2014 2011, for baccalaureate degree
  151  programs, the following tuition and fee rates shall apply:
  152         1. The tuition shall be $91.79 $87.42 per credit hour for
  153  students who are residents for tuition purposes.
  154         2. The sum of the tuition and the out-of-state fee per
  155  credit hour for students who are nonresidents for tuition
  156  purposes shall be no more than 85 percent of the sum of the
  157  tuition and the out-of-state fee at the state university nearest
  158  the Florida College System institution.
  159         (c) Beginning with the 2008-2009 fiscal year and each year
  160  thereafter, the tuition and the out-of-state fee shall increase
  161  at the beginning of each fall semester at a rate equal to
  162  inflation, unless otherwise provided in the General
  163  Appropriations Act. The Office of Economic and Demographic
  164  Research shall report the rate of inflation to the President of
  165  the Senate, the Speaker of the House of Representatives, the
  166  Governor, and the State Board of Education each year prior to
  167  March 1. For purposes of this paragraph, the rate of inflation
  168  shall be defined as the rate of the 12-month percentage change
  169  in the Consumer Price Index for All Urban Consumers, U.S. City
  170  Average, All Items, or successor reports as reported by the
  171  United States Department of Labor, Bureau of Labor Statistics,
  172  or its successor for December of the previous year. In the event
  173  the percentage change is negative, the tuition and the out-of
  174  state fee per credit hour shall remain at the same levels as the
  175  prior fiscal year.
  176         Section 4. Subsections (4) and (16) of section 1009.24,
  177  Florida Statutes, are amended to read:
  178         1009.24 State university student fees.—
  179         (4)(a) Effective July 1, 2014 2011, the resident
  180  undergraduate tuition for lower-level and upper-level coursework
  181  shall be $105.07 $103.32 per credit hour.
  182         (b) Beginning with the 2008-2009 fiscal year and each year
  183  thereafter, the resident undergraduate tuition per credit hour
  184  shall increase at the beginning of each fall semester at a rate
  185  equal to inflation, unless otherwise provided in the General
  186  Appropriations Act. The Office of Economic and Demographic
  187  Research shall report the rate of inflation to the President of
  188  the Senate, the Speaker of the House of Representatives, the
  189  Governor, and the Board of Governors each year prior to March 1.
  190  For purposes of this paragraph, the rate of inflation shall be
  191  defined as the rate of the 12-month percentage change in the
  192  Consumer Price Index for All Urban Consumers, U.S. City Average,
  193  All Items, or successor reports as reported by the United States
  194  Department of Labor, Bureau of Labor Statistics, or its
  195  successor for December of the previous year. In the event the
  196  percentage change is negative, the resident undergraduate
  197  tuition shall remain at the same level as the prior fiscal year.
  198         (b)(c) The Board of Governors, or the board’s designee, may
  199  establish tuition for graduate and professional programs, and
  200  out-of-state fees for all programs. Except as otherwise provided
  201  in this section, the sum of tuition and out-of-state fees
  202  assessed to nonresident students must be sufficient to offset
  203  the full instructional cost of serving such students. However,
  204  adjustments to out-of-state fees or tuition for graduate
  205  programs and professional programs may not exceed 15 percent in
  206  any year.
  207         (c)(d) The Board of Governors may consider and approve
  208  flexible tuition policies as requested by a university board of
  209  trustees in accordance with the provisions of subsection (15)
  210  only to the extent such policies are in alignment with the
  211  mission of the university and do not increase the state’s fiscal
  212  liability or obligations, including, but not limited to, any
  213  fiscal liability or obligation for programs authorized under ss.
  214  1009.53-1009.538 and ss. 1009.97-1009.984.
  215         (d)(e) The sum of the activity and service, health, and
  216  athletic fees a student is required to pay to register for a
  217  course may shall not exceed 40 percent of the tuition
  218  established in law or in the General Appropriations Act. No
  219  university shall be required to lower any fee in effect on the
  220  effective date of this act in order to comply with this
  221  subsection. Within the 40 percent cap, universities may not
  222  increase the aggregate sum of activity and service, health, and
  223  athletic fees more than 5 percent per year, or the same
  224  percentage increase in tuition authorized under paragraph (b),
  225  whichever is greater, unless specifically authorized in law or
  226  in the General Appropriations Act. A university may increase its
  227  athletic fee to defray the costs associated with changing
  228  National Collegiate Athletic Association divisions. Any such
  229  increase in the athletic fee may exceed both the 40 percent cap
  230  and the 5 percent cap imposed by this subsection. Any such
  231  increase must be approved by the athletic fee committee in the
  232  process outlined in subsection (12) and may not cannot exceed $2
  233  per credit hour. Notwithstanding the provisions of ss. 1009.534,
  234  1009.535, and 1009.536, that portion of any increase in an
  235  athletic fee pursuant to this subsection which that causes the
  236  sum of the activity and service, health, and athletic fees to
  237  exceed the 40 percent cap or the annual increase in such fees to
  238  exceed the 5 percent cap may shall not be included in
  239  calculating the amount a student receives for a Florida Academic
  240  Scholars award, a Florida Medallion Scholars award, or a Florida
  241  Gold Seal Vocational Scholars award. Notwithstanding this
  242  paragraph and subject to approval by the board of trustees, each
  243  state university may is authorized to exceed the 5-percent cap
  244  on the annual increase to the aggregate sum of activity and
  245  service, health, and athletic fees for the 2010-2011 fiscal
  246  year. Any such increase may shall not exceed 15 percent or the
  247  amount required to reach the 2009-2010 fiscal year statewide
  248  average for the aggregate sum of activity and service, health,
  249  and athletic fees at the main campuses, whichever is greater.
  250  The aggregate sum of the activity and service, health, and
  251  athletic fees may shall not exceed 40 percent of tuition. Any
  252  increase in the activity and service fee, health fee, or
  253  athletic fee must be approved by the appropriate fee committee
  254  pursuant to subsection (10), subsection (11), or subsection
  255  (12).
  256         (e)(f) This subsection does not prohibit a university from
  257  increasing or assessing optional fees related to specific
  258  activities if payment of such fees is not required as a part of
  259  registration for courses.
  260         (16) Each university board of trustees may establish a
  261  tuition differential for undergraduate courses upon receipt of
  262  approval from the Board of Governors. However, beginning July 1,
  263  2014, the Board of Governors may only approve the establishment
  264  of or an increase in tuition differential for a state research
  265  university designated as a preeminent state research university
  266  pursuant to s. 1001.7065(3). The tuition differential shall
  267  promote improvements in the quality of undergraduate education
  268  and shall provide financial aid to undergraduate students who
  269  exhibit financial need.
  270         (a) Seventy percent of the revenues from the tuition
  271  differential shall be expended for purposes of undergraduate
  272  education. Such expenditures may include, but are not limited
  273  to, increasing course offerings, improving graduation rates,
  274  increasing the percentage of undergraduate students who are
  275  taught by faculty, decreasing student-faculty ratios, providing
  276  salary increases for faculty who have a history of excellent
  277  teaching in undergraduate courses, improving the efficiency of
  278  the delivery of undergraduate education through academic
  279  advisement and counseling, and reducing the percentage of
  280  students who graduate with excess hours. This expenditure for
  281  undergraduate education may not be used to pay the salaries of
  282  graduate teaching assistants. Except as otherwise provided in
  283  this subsection, the remaining 30 percent of the revenues from
  284  the tuition differential, or the equivalent amount of revenue
  285  from private sources, shall be expended to provide financial aid
  286  to undergraduate students who exhibit financial need, including
  287  students who are scholarship recipients under s. 1009.984, to
  288  meet the cost of university attendance. This expenditure for
  289  need-based financial aid shall not supplant the amount of need
  290  based aid provided to undergraduate students in the preceding
  291  fiscal year from financial aid fee revenues, the direct
  292  appropriation for financial assistance provided to state
  293  universities in the General Appropriations Act, or from private
  294  sources. The total amount of tuition differential waived under
  295  subparagraph (b)8. may be included in calculating the
  296  expenditures for need-based financial aid to undergraduate
  297  students required by this subsection. If the entire tuition and
  298  fee costs of resident students who have applied for and received
  299  Pell Grant funds have been met and the university has excess
  300  funds remaining from the 30 percent of the revenues from the
  301  tuition differential required to be used to assist students who
  302  exhibit financial need, the university may expend the excess
  303  portion in the same manner as required for the other 70 percent
  304  of the tuition differential revenues.
  305         (b) Each tuition differential is subject to the following
  306  conditions:
  307         1. The tuition differential may be assessed on one or more
  308  undergraduate courses or on all undergraduate courses at a state
  309  university.
  310         2. The tuition differential may vary by course or courses,
  311  by campus or center location, and by institution. Each
  312  university board of trustees shall strive to maintain and
  313  increase enrollment in degree programs related to math, science,
  314  high technology, and other state or regional high-need fields
  315  when establishing tuition differentials by course.
  316         3. For each state university that is designated as a
  317  preeminent state research university by the Board of Governors,
  318  pursuant to s. 1001.7065 has total research and development
  319  expenditures for all fields of at least $100 million per year as
  320  reported annually to the National Science Foundation, the
  321  aggregate sum of tuition and the tuition differential may not be
  322  increased by no more than 6 15 percent of the total charged for
  323  the aggregate sum of these fees in the preceding fiscal year.
  324  The tuition differential may be increased if the university
  325  meets or exceeds performance standard targets for that
  326  university established annually by the Board of Governors for
  327  the following performance standards, amounting to no more than a
  328  2-percent increase in the tuition differential for each
  329  performance standard:
  330         a. An increase in the 6-year graduation rate for full-time,
  331  first-time-in-college students, as reported annually to the
  332  Integrated Postsecondary Education Data System.
  333         b. An increase in the total annual research expenditures.
  334         c. An increase in the total patents awarded by the United
  335  States Patent and Trademark Office for the most recent years.
  336  For each state university that has total research and
  337  development expenditures for all fields of less than $100
  338  million per year as reported annually to the National Science
  339  Foundation, the aggregate sum of tuition and the tuition
  340  differential may not be increased by more than 15 percent of the
  341  total charged for the aggregate sum of these fees in the
  342  preceding fiscal year.
  343         4. The aggregate sum of undergraduate tuition and fees per
  344  credit hour, including the tuition differential, may not exceed
  345  the national average of undergraduate tuition and fees at 4-year
  346  degree-granting public postsecondary educational institutions.
  347         5. The tuition differential shall not be included in any
  348  award under the Florida Bright Futures Scholarship Program
  349  established pursuant to ss. 1009.53-1009.538.
  350         6. Beneficiaries having prepaid tuition contracts pursuant
  351  to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
  352  which remain in effect, are exempt from the payment of the
  353  tuition differential.
  354         7. The tuition differential may not be charged to any
  355  student who was in attendance at the university before July 1,
  356  2007, and who maintains continuous enrollment.
  357         8. The tuition differential may be waived by the university
  358  for students who meet the eligibility requirements for the
  359  Florida public student assistance grant established in s.
  360  1009.50.
  361         9. Subject to approval by the Board of Governors, the
  362  tuition differential authorized pursuant to this subsection may
  363  take effect with the 2009 fall term.
  364         (c) A university board of trustees may submit a proposal to
  365  the Board of Governors to implement a tuition differential for
  366  one or more undergraduate courses. At a minimum, the proposal
  367  shall:
  368         1. Identify the course or courses for which the tuition
  369  differential will be assessed.
  370         2. Indicate the amount that will be assessed for each
  371  tuition differential proposed.
  372         3. Indicate the purpose of the tuition differential.
  373         4. Indicate how the revenues from the tuition differential
  374  will be used.
  375         5. Indicate how the university will monitor the success of
  376  the tuition differential in achieving the purpose for which the
  377  tuition differential is being assessed.
  378         (d) The Board of Governors shall review each proposal and
  379  advise the university board of trustees of approval of the
  380  proposal, the need for additional information or revision to the
  381  proposal, or denial of the proposal. The Board of Governors
  382  shall establish a process for any university to revise a
  383  proposal or appeal a decision of the board.
  384         (e) The Board of Governors shall submit a report to the
  385  President of the Senate, the Speaker of the House of
  386  Representatives, and the Governor describing the implementation
  387  of the provisions of this subsection no later than February 1 of
  388  each year. The report shall summarize proposals received by the
  389  board during the preceding fiscal year and actions taken by the
  390  board in response to such proposals. In addition, the report
  391  shall provide the following information for each university that
  392  has been approved by the board to assess a tuition differential:
  393         1. The course or courses for which the tuition differential
  394  was assessed and the amount assessed.
  395         2. The total revenues generated by the tuition
  396  differential.
  397         3. With respect to waivers authorized under subparagraph
  398  (b)8., the number of students eligible for a waiver, the number
  399  of students receiving a waiver, and the value of waivers
  400  provided.
  401         4. Detailed expenditures of the revenues generated by the
  402  tuition differential.
  403         5. Changes in retention rates, graduation rates, the
  404  percentage of students graduating with more than 110 percent of
  405  the hours required for graduation, pass rates on licensure
  406  examinations, the number of undergraduate course offerings, the
  407  percentage of undergraduate students who are taught by faculty,
  408  student-faculty ratios, and the average salaries of faculty who
  409  teach undergraduate courses.
  410         (f) No state university shall be required to lower any
  411  tuition differential that was approved by the Board of Governors
  412  and in effect prior to January 1, 2009, in order to comply with
  413  the provisions of this subsection.
  414         Section 5. Subsection (8) of section 1009.26, Florida
  415  Statutes, is amended, and subsection (12) is added to that
  416  section, to read:
  417         1009.26 Fee waivers.—
  418         (8) A state university, a or Florida College System
  419  institution, a career center operated by a school district under
  420  s. 1001.44, or a charter technical career center shall waive
  421  tuition for undergraduate college credit programs and career
  422  certificate programs tuition for each recipient of a Purple
  423  Heart or another combat decoration superior in precedence who:
  424         (a) Is enrolled as a full-time, part-time, or summer-school
  425  student in a an undergraduate program that terminates in an
  426  associate or a baccalaureate degree, a college credit or
  427  certificate, or a career certificate;
  428         (b) Is currently, and was at the time of the military
  429  action that resulted in the awarding of the Purple Heart or
  430  other combat decoration superior in precedence, a resident of
  431  this state; and
  432         (c) Submits to the state university, or the Florida College
  433  System institution, the career center operated by a school
  434  district under s. 1001.44, or the charter technical career
  435  center the DD-214 form issued at the time of separation from
  436  service as documentation that the student has received a Purple
  437  Heart or another combat decoration superior in precedence. If
  438  the DD-214 is not available, other documentation may be
  439  acceptable if recognized by the United States Department of
  440  Defense or the United States Department of Veterans Affairs as
  441  documenting the award.
  442  
  443  Such a waiver for a Purple Heart recipient or recipient of
  444  another combat decoration superior in precedence shall be
  445  applicable for 110 percent of the number of required credit
  446  hours of the degree or certificate program for which the student
  447  is enrolled.
  448         (12)(a) A state university, a Florida College System
  449  institution, a career center operated by a school district under
  450  s. 1001.44, or a charter technical career center shall waive
  451  out-of-state fees for students, including, but not limited to,
  452  students who are undocumented for federal immigration purposes,
  453  who meet the following conditions:
  454         1. Attended a secondary school in this state for 3
  455  consecutive years immediately before graduating from a high
  456  school in this state;
  457         2. Apply for enrollment in an institution of higher
  458  education within 24 months after high school graduation; and
  459         3. Submit an official Florida high school transcript as
  460  evidence of attendance and graduation.
  461         (b) Tuition and fees charged to a student who qualifies for
  462  the out-of-state fee waiver under this subsection may not exceed
  463  the tuition and fees charged to a resident student. The waiver
  464  is applicable for 110 percent of the required credit hours of
  465  the degree or certificate program for which the student is
  466  enrolled. Each state university, Florida College System
  467  institution, career center operated by a school district under
  468  s. 1001.44, and charter technical career center shall report to
  469  the Board of Governors and the State Board of Education,
  470  respectively, the number and value of all fee waivers granted
  471  annually under this subsection. By October 1 of each year, the
  472  Board of Governors for the state universities and the State
  473  Board of Education for Florida College System institutions,
  474  career centers operated by a school district under s. 1001.44,
  475  and charter technical career centers shall annually report for
  476  the previous academic year the percentage of resident and
  477  nonresident students enrolled systemwide.
  478         (c) A state university student granted an out-of-state fee
  479  waiver under this subsection must be considered a nonresident
  480  student for purposes of calculating the systemwide total
  481  enrollment of nonresident students as limited by regulation of
  482  the Board of Governors. In addition, a student who is granted an
  483  out-of-state fee waiver under this subsection is not eligible
  484  for state financial aid under part III of this chapter and must
  485  not be reported as a resident for tuition purposes.
  486         (d) A state university, a Florida College System
  487  institution, a career center operated by a school district under
  488  s. 1001.44, or a charter technical career center shall, within
  489  the nonresident student enrollment systemwide, prioritize the
  490  enrollment of a veteran who is granted an out-of-state fee
  491  waiver pursuant to the Congressman C.W. Bill Young Tuition
  492  Waiver Act over a student who is granted an out-of-state fee
  493  waiver under this subsection.
  494         Section 6. Paragraph (f) of subsection (1), paragraph (b)
  495  of subsection (2), and subsection (5) of section 1009.21,
  496  Florida Statutes, are amended, and paragraph (d) is added to
  497  subsection (2) of that section, to read:
  498         1009.21 Determination of resident status for tuition
  499  purposes.—Students shall be classified as residents or
  500  nonresidents for the purpose of assessing tuition in
  501  postsecondary educational programs offered by charter technical
  502  career centers or career centers operated by school districts,
  503  in Florida College System institutions, and in state
  504  universities.
  505         (1) As used in this section, the term:
  506         (f) “Parent” means either or both parents of a student, any
  507  guardian of a student, or any person in a parental relationship
  508  to a student the natural or adoptive parent or legal guardian of
  509  a dependent child.
  510         (2)
  511         (b) However, with respect to a dependent child living with
  512  an adult relative other than the child’s parent, such child may
  513  qualify as a resident for tuition purposes if the adult relative
  514  is a legal resident who has maintained legal residence in this
  515  state for at least 12 consecutive months immediately before
  516  prior to the child’s initial enrollment in an institution of
  517  higher education, provided the child has resided continuously
  518  with such relative for the 3 5 years immediately before prior to
  519  the child’s initial enrollment in an institution of higher
  520  education, during which time the adult relative has exercised
  521  day-to-day care, supervision, and control of the child.
  522         (d) A dependent child who is a United States citizen may
  523  not be denied classification as a resident for tuition purposes
  524  based solely upon the immigration status of his or her parent.
  525         (5) A person who physically resides in this state may be
  526  classified as a resident for tuition purposes if he or she
  527  marries a person who meets the 12-month residency requirement
  528  under subsection (2) and who is a legal resident of this state
  529  In making a domiciliary determination related to the
  530  classification of a person as a resident or nonresident for
  531  tuition purposes, the domicile of a married person, irrespective
  532  of sex, shall be determined, as in the case of an unmarried
  533  person, by reference to all relevant evidence of domiciliary
  534  intent. For the purposes of this section:
  535         (a) A person shall not be precluded from establishing or
  536  maintaining legal residence in this state and subsequently
  537  qualifying or continuing to qualify as a resident for tuition
  538  purposes solely by reason of marriage to a person domiciled
  539  outside this state, even when that person’s spouse continues to
  540  be domiciled outside of this state, provided such person
  541  maintains his or her legal residence in this state.
  542         (b) A person shall not be deemed to have established or
  543  maintained a legal residence in this state and subsequently to
  544  have qualified or continued to qualify as a resident for tuition
  545  purposes solely by reason of marriage to a person domiciled in
  546  this state.
  547         (c) In determining the domicile of a married person,
  548  irrespective of sex, the fact of the marriage and the place of
  549  domicile of such person’s spouse shall be deemed relevant
  550  evidence to be considered in ascertaining domiciliary intent.
  551         Section 7. This act shall take effect July 1, 2014.
  552  
  553  ================= T I T L E  A M E N D M E N T ================
  554  And the title is amended as follows:
  555         Delete everything before the enacting clause
  556  and insert:
  557                        A bill to be entitled                      
  558         An act relating to postsecondary education tuition and
  559         fees; amending s. 1009.98, F.S.; revising the
  560         definition of the term “tuition differential”;
  561         revising the purchase date of an advance payment
  562         contract as it relates to the amount paid by the
  563         Florida Prepaid College Board to a state university on
  564         behalf of a qualified beneficiary; limiting the amount
  565         paid by the board to a state university on behalf of a
  566         qualified beneficiary; amending ss. 1009.22 and
  567         1009.23, F.S.; revising the standard tuition and out
  568         of-state fee for certain workforce education
  569         postsecondary programs and certain programs at Florida
  570         College System institutions; deleting a provision
  571         relating to an increase in tuition and the out-of
  572         state fee at a rate equal to inflation; amending s.
  573         1009.24, F.S.; revising state university resident
  574         undergraduate tuition; deleting a provision relating
  575         to an increase in resident undergraduate tuition at a
  576         rate equal to inflation; authorizing the Board of
  577         Governors to approve the establishment of or an
  578         increase in tuition differential for a state research
  579         university designated as a preeminent state research
  580         university; revising the annual percentage increase
  581         allowed in the aggregrate sum of tuition and the
  582         tuition differential; providing requirements for an
  583         increase in the tuition differential for certain
  584         universities; amending s. 1009.26, F.S.; requiring a
  585         state university, Florida College System institution,
  586         career center operated by a school district, or
  587         charter technical career center to waive undergraduate
  588         tuition for a recipient of a Purple Heart or another
  589         combat decoration superior in precedence under certain
  590         conditions; providing for the waiver of out-of-state
  591         fees for students based on certain attendance,
  592         graduation, and enrollment requirements; requiring
  593         reporting to the Board of Governors and the State
  594         Board of Education relating to the number and value of
  595         the fee waivers; providing requirements for
  596         calculating the state university systemwide enrollment
  597         of nonresident students; restricting eligibility for
  598         state financial aid; requiring a state university, a
  599         Florida College System institution, a career center
  600         operated by a school district, or a charter technical
  601         career center to prioritize enrollment of certain
  602         veterans; amending s. 1009.21, F.S., relating to the
  603         determination of resident status for tuition purposes;
  604         revising the definition of the term “parent”; revising
  605         a residency requirement for a dependent child;
  606         prohibiting denial of classification as a resident for
  607         tuition purposes based on certain immigration status;
  608         revising requirements relating to classification as a
  609         resident for tuition purposes based on marriage;
  610         providing an effective date.