Senate Bill 1928
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Florida Senate - 1998 SB 1928
By Senator Grant
13-1501-98
1 A bill to be entitled
2 An act relating to postsecondary education;
3 amending s. 228.041, F.S.; revising definitions
4 relating to postsecondary education fees;
5 directing that changes in terminology be made
6 in the Florida Statutes; amending s. 239.117,
7 F.S.; authorizing certain fees; prohibiting
8 community colleges and district school boards
9 from charging fees not specifically authorized
10 by statute; amending s. 240.209, F.S.; revising
11 provisions relating to fees; amending s.
12 240.235, F.S.; revising provisions relating to
13 fees and fee waivers; amending s. 240.35, F.S.;
14 authorizing certain fees; prohibiting community
15 colleges from charging fees not specifically
16 authorized by statute; amending s. 240.551,
17 F.S.; authorizing advance payment contracts to
18 cover required local fees to a specified level;
19 providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Subsections (32) and (33) of section
24 228.041, Florida Statutes, are amended, and subsection (43) is
25 added to that section, to read:
26 228.041 Definitions.--Specific definitions shall be as
27 follows, and wherever such defined words or terms are used in
28 the Florida School Code, they shall be used as follows:
29 (32) TUITION MATRICULATION FEE.--The basic fee charged
30 to a student for instruction provided by a public
31
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1 postsecondary educational institution in this state. A charge
2 for any other purpose shall not be included within this fee.
3 (33) NONRESIDENT TUITION.--The additional fee for
4 instruction provided by a public postsecondary educational
5 institution in this state, which fee is charged to a
6 non-Florida student as defined in rules of the State Board of
7 Education, the State Board of Community Colleges, or the Board
8 of Regents. A charge for any other purpose shall not be
9 included within this fee.
10 (43) REGISTRATION FEES.--The fees that a student
11 attending a public postsecondary institution may be charged to
12 enroll in a course. For a student attending a state
13 university, these fees include tuition, financial aid fee,
14 building fee, capital improvement trust fund fee, activity and
15 service fee, health fee, and athletic fee. For a student
16 attending a public community college or a school district
17 vocational-technical school, these fees include tuition,
18 activity and service fee, financial aid fee, and capital
19 improvement fee.
20 Section 2. Subsections (9) through (17) of section
21 239.117, Florida Statutes, are amended to read:
22 239.117 Workforce development postsecondary student
23 fees.--
24 (9) A district school board or a community college
25 board of trustees may charge other fees only as authorized by
26 rule of the State Board of Education or the State Board of
27 Community Colleges.
28 (9)(10) The State Board of Education and the State
29 Board of Community Colleges shall adopt rules to allow the
30 deferral of registration and tuition fees for students
31 receiving financial aid from a federal or state assistance
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1 program when such aid is delayed in being transmitted to the
2 student through circumstances beyond the control of the
3 student. The failure to make timely application for such aid
4 is an insufficient reason to receive a deferral of fees. The
5 rules must provide for the enforcement and collection or other
6 settlement of delinquent accounts.
7 (10)(11) Any veteran or other eligible student who
8 receives benefits under chapter 30, chapter 31, chapter 32,
9 chapter 34, or chapter 35 of Title 38, U.S.C., or chapter 106
10 of Title 10, U.S.C., is entitled to one deferment each
11 academic year and an additional deferment each time there is a
12 delay in the receipt of benefits.
13 (11)(12) Each school district and community college
14 shall be responsible for collecting all deferred fees. If a
15 school district or community college has not collected a
16 deferred fee, the student may not earn state funding for any
17 course for which the student subsequently registers until the
18 fee has been paid.
19 (12)(13) Any school district or community college that
20 reports students who have not paid fees in an approved manner
21 in calculations of full-time equivalent enrollments for state
22 funding purposes shall be penalized at a rate equal to 2 times
23 the value of such enrollments. Such penalty shall be charged
24 against the following year's allocation from the Florida
25 Workforce Development Education Fund or the Community College
26 Program Fund and shall revert to the General Revenue Fund.
27 The State Board of Education shall specify, in rule, approved
28 methods of student fee payment. Such methods must include,
29 but need not be limited to, student fee payment; payment
30 through federal, state, or institutional financial aid; and
31 employer fee payments.
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1 (13)(14) Each school district and community college
2 shall report only those students who have actually enrolled in
3 instruction provided or supervised by instructional personnel
4 under contract with the district or community college in
5 calculations of actual full-time enrollments for state funding
6 purposes. A student who has been exempted from taking a
7 course or who has been granted academic or vocational credit
8 through means other than actual coursework completed at the
9 granting institution may not be calculated for enrollment in
10 the course from which the student has been exempted or for
11 which the student has been granted credit. School districts
12 and community colleges that report enrollments in violation of
13 this subsection shall be penalized at a rate equal to 2 times
14 the value of such enrollments. Such penalty shall be charged
15 against the following year's allocation from the Workforce
16 Development Education Fund and shall revert to the General
17 Revenue Fund.
18 (14)(15) School boards and community college boards of
19 trustees may establish scholarship funds using donations. If
20 such funds are established, school boards and community
21 college boards of trustees shall adopt rules that provide for
22 the criteria and methods for awarding scholarships from the
23 fund.
24 (16) School boards and community college boards of
25 trustees may establish, by rule, a consumable supply fee for
26 postsecondary students enrolled in certificate career
27 education or supplemental courses.
28 (15)(17) Each school board and community college board
29 of trustees may establish a separate fee for capital
30 improvements, technology enhancements, or equipping buildings
31 which may not exceed 5 percent of the matriculation fee for
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1 resident students or 5 percent of the matriculation and
2 tuition fee for nonresident students. Funds collected through
3 these fees may not be bonded. The fee shall be collected as a
4 component part of the registration and tuition fees, paid into
5 a separate account, and expended only to maintain, improve,
6 equip, or enhance the certificate career education or adult
7 education facilities of the school district or community
8 college. Projects funded through the use of the capital
9 improvement fee must meet the survey and construction
10 requirements of chapter 235. Pursuant to s. 216.0158, each
11 school board and community college board of trustees shall
12 identify each project, including maintenance projects,
13 proposed to be funded in whole or in part by such fee. A
14 maximum of 15 cents per credit hour may be allocated from the
15 capital improvement fee for child care centers conducted by
16 the school board or community college board of trustees.
17 (16) Community colleges and district school boards may
18 not charge students enrolled in workforce development programs
19 any fee that is not specifically authorized by statute. In
20 addition to tuition, activity and service fees, financial aid
21 fees, and capital improvement fees, as authorized in this
22 section, community colleges and district school boards may
23 charge students laboratory fees, transcript fees, application
24 fees, graduation fees, and consumable supply fees. Only
25 tuition and the fees specified in this subsection may be
26 charged.
27 (17) Boards of trustees and district school boards may
28 establish specific fees for instruction not reported for state
29 funding purposes or for instruction not reported as state
30 funded full-time equivalent students. Boards of trustees and
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1 district school boards are not required to charge any other
2 fees specified in this section for this type of instruction.
3 Section 3. Subsection (3) of section 240.209, Florida
4 Statutes, is amended to read:
5 240.209 Board of Regents; powers and duties.--
6 (3) The board shall:
7 (a) Develop a plan for the future expansion of the
8 State University System and recommend the establishment of new
9 universities consistent with the criteria adopted by the State
10 Board of Education pursuant to s. 229.053. The plan must
11 include a procedure for the periodic assessment of the need
12 for a new state university and specific standards for the
13 minimum acreage, building space, staffing, and programmatic
14 mix of state universities.
15 (b) Appoint or remove the president of each university
16 in accordance with procedures and rules adopted by the Board
17 of Regents. The board may appoint a search committee to
18 assist in evaluating presidential candidates. Each appointment
19 of a university president shall be conducted in accordance
20 with the provisions of ss. 119.07 and 286.011. The board
21 shall determine the compensation and other conditions of
22 employment for each president. The board shall not provide a
23 tenured faculty appointment to any president who is removed
24 through termination by the board or resignation tendered at
25 the request of the board.
26 (c) Approve new degree programs for all state
27 universities. In so doing, the board shall be mindful of the
28 differentiated missions of the several universities. New
29 colleges, schools, or functional equivalents of any program
30 leading to a degree which is offered as a credential for a
31 specific license granted under the Florida Statutes or the
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1 State Constitution shall not be established without the
2 specific approval of the Legislature.
3 (d) Prepare the legislative budget requests, including
4 fixed capital outlay requests, in accordance with chapter 216
5 and s. 235.41. The board shall provide to the individual
6 universities fiscal policy guidelines, formats, and
7 instructions for the development of individual university
8 budget requests.
9 (e) Establish student fees pursuant to the provisions
10 of s. 240.235.
11 1. By no later than December 1 of each year, the board
12 shall raise the systemwide standard for resident undergraduate
13 matriculation and financial aid fees for the subsequent fall
14 term, up to but no more than 25 percent of the prior year's
15 cost of undergraduate programs. In implementing this
16 paragraph, fees charged for graduate, medical, veterinary, and
17 dental programs may be increased by the Board of Regents in
18 the same percentage as the increase in fees for resident
19 undergraduates. However, in the absence of legislative action
20 to the contrary in an appropriations act, the board may not
21 approve annual fee increases for resident students in excess
22 of 10 percent. The sum of nonresident student matriculation
23 and tuition fees must be sufficient to defray the full cost of
24 undergraduate education. Graduate, medical, veterinary, and
25 dental fees charged to nonresidents may be increased by the
26 board in the same percentage as the increase in fees for
27 nonresident undergraduates. However, in implementing this
28 policy and in the absence of legislative action to the
29 contrary in an appropriations act, annual fee increases for
30 nonresident students may not exceed 25 percent. In the absence
31 of legislative action to the contrary in the General
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1 Appropriations Act, the fees shall go into effect for the
2 following fall term.
3 2. When the appropriations act requires a new fee
4 schedule, the board shall establish a systemwide standard fee
5 schedule required to produce the total fee revenue established
6 in the appropriations act based on the product of the assigned
7 enrollment and the fee schedule. The board may approve the
8 expenditure of any fee revenues resulting from the product of
9 the fee schedule adopted pursuant to this section and the
10 assigned enrollment.
11 3. Upon provision of authority in a General
12 Appropriations Act to spend revenue raised pursuant to this
13 section, the board shall approve a university request to
14 implement a matriculation and out-of-state tuition fee
15 schedule which is calculated to generate revenue which varies
16 no more than 10 percent from the standard fee revenues
17 authorized through an appropriations act. In implementing an
18 alternative fee schedule, the increase in cost to a student
19 taking 15 hours in one term shall be limited to 5 percent.
20 Matriculation and out-of-state tuition fee revenues generated
21 as a result of this provision are to be expended for
22 implementing a plan for achieving accountability goals adopted
23 pursuant to s. 240.214(2) and for implementing a Board of
24 Regents-approved plan to contain student costs by reducing the
25 time necessary for graduation without reducing the quality of
26 instruction. The plans shall be recommended by a
27 universitywide committee, at least one-half of whom are
28 students appointed by the student body president. A
29 chairperson, appointed jointly by the university president and
30 the student body president, shall vote only in the case of a
31 tie.
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1 4. The board is authorized to collect for financial
2 aid purposes an amount not to exceed 5 percent of the student
3 tuition and matriculation fee per credit hour. The revenues
4 from fees are to remain at each campus and replace existing
5 financial aid fees. Such funds shall be disbursed to students
6 as quickly as possible. The board shall specify specific
7 limits on the percent of the fees collected in a fiscal year
8 which may be carried forward unexpended to the following
9 fiscal year. A minimum of 50 percent of funds from the student
10 financial aid fee shall be used to provide financial aid based
11 on absolute need. A student who has received an award prior to
12 July 1, 1984, shall have his or her eligibility assessed on
13 the same criteria that was used at the time of his or her
14 original award.
15 5. The board may recommend to the Legislature an
16 appropriate systemwide standard matriculation and tuition fee
17 schedule.
18 6. The Education and General Student and Other Fees
19 Trust Fund is hereby created, to be administered by the
20 Department of Education. Funds shall be credited to the trust
21 fund from student fee collections and other miscellaneous fees
22 and receipts. The purpose of the trust fund is to support the
23 instruction and research missions of the State University
24 System. Notwithstanding the provisions of s. 216.301, and
25 pursuant to s. 216.351, any balance in the trust fund at the
26 end of any fiscal year shall remain in the trust fund and
27 shall be available for carrying out the purposes of the trust
28 fund.
29 (f) Establish and maintain systemwide personnel
30 programs for all State University System employees, including
31 a systemwide personnel classification and pay plan,
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1 notwithstanding provisions of law that grant authority to the
2 Department of Management Services over such programs for state
3 employees. The board shall consult with the legislative
4 appropriations committees regarding any major policy changes
5 related to classification and pay which are in conflict with
6 those policies in effect for career service employees with
7 similar job classifications and responsibilities. The board
8 may adopt rules delegating its authority to the Chancellor or
9 the universities. The board shall submit, in a manner
10 prescribed by law, any reports concerning State University
11 System personnel programs as shall be required of the
12 Department of Management Services for other state employees.
13 The Department of Management Services shall retain authority
14 over State University System employees for programs
15 established in ss. 110.116, 110.123, 110.1232, 110.1234,
16 110.1235, and 110.1238 and in chapters 121, 122, and 238. The
17 board shall adopt only those rules necessary to provide for a
18 coordinated, efficient systemwide program and shall delegate
19 to the universities all authority necessary for implementation
20 of the program consistent with these coordinating rules so
21 adopted and applicable collective bargaining agreements.
22 Notwithstanding the provisions of s. 216.181(7), the salary
23 rate controls for positions in budgets under the Board of
24 Regents shall separately delineate the general faculty and all
25 other categories.
26 (g) Develop a plan, to be mutually agreed upon by
27 applicable bargaining units, for the transfer of employees
28 from career service status provisions of chapter 110. Subject
29 to the approval of the President of the Senate and the Speaker
30 of the House of Representatives, the plan shall become
31 effective July 1, 1986.
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1 (h) Recommend to the Legislature any proposed changes
2 in the Capital Improvement Trust Fund and building fees. The
3 Capital Improvement Trust Fund fee is established as $2.44 per
4 credit hour per semester. The building fee is established as
5 $2.32 per credit hour per semester.
6 (i) Terminate programs at the state universities
7 pursuant to findings of reviews and evaluations of
8 instructional, research, and service programs at the
9 universities.
10 (j) After consultation with the university presidents,
11 adopt a systemwide strategic plan which specifies goals and
12 objectives for the State University System. In developing
13 this plan, the board shall consider the role of individual
14 public and independent institutions within the state. The plan
15 shall provide for the roles of the universities to be
16 coordinated to best meet state needs and reflect
17 cost-effective use of state resources. The strategic plan
18 shall clarify mission statements and identify degree programs
19 to be offered at each university in accordance with the
20 objectives provided herein. The systemwide strategic plan
21 shall be for a period of 5 years with modification of the
22 program lists after 2 years. Development of each 5-year plan
23 shall be coordinated with and initiated subsequent to
24 completion of the master plan specified in s. 240.147. The
25 Board of Regents shall submit a report to the Speaker of the
26 House of Representatives and the President of the Senate upon
27 modification of the system plan.
28 (k) Seek the cooperation and advice of the officers
29 and trustees of both public and private institutions of higher
30 education in the state in performing its duties and making its
31 plans, studies, and recommendations.
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1 (l) Coordinate and provide for educational television
2 in the State University System.
3 (m) Establish and maintain an effective information
4 system which will provide composite data about the university
5 system and assure that special analyses and studies of the
6 universities are conducted, as necessary, for provision of
7 accurate and cost-effective information about the universities
8 and about the system as a whole.
9 (n) Seek the cooperation and advice of superintendents
10 and board members of local school districts in the state in
11 performing its duties and making its plans, studies, and
12 recommendations. The systemwide and university strategic plans
13 shall specifically include programs and procedures for
14 responding to the educational needs of teachers and students
15 in the public schools of this state.
16 (o) Submit to the State Board of Education, for
17 approval, all new campuses and instructional centers approved
18 by the board.
19 (p) Notwithstanding the provisions of ss. 216.044,
20 255.248, 255.249, 255.25, 255.28, 255.29, and 287.055, adopt
21 rules to administer a program for the maintenance and
22 construction of facilities in the State University System and
23 to secure, or otherwise provide as a self-insurer pursuant to
24 s. 440.38(6), workers' compensation coverage for contractors
25 and subcontractors, or each of them, employed by or on behalf
26 of the Board of Regents when performing work on or adjacent to
27 property owned or used by the Board of Regents or the State
28 University System.
29 (q) Adopt rules to ensure compliance with the
30 provisions of s. 287.0945, for all State University System
31 procurement, and additionally, ss. 255.101 and 255.102, for
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1 construction contracts, and rules adopted pursuant thereto,
2 relating to the utilization of minority business enterprises,
3 except that procurements costing less than the amount provided
4 for in CATEGORY FIVE as provided in s. 287.017 shall not be
5 subject to s. 287.0945(7)(a).
6 (r) Adopt such rules as are necessary to carry out its
7 duties and responsibilities.
8 (s) Monitor the extent of limited access programs
9 within the state universities and report to the State Board of
10 Education and the Legislature admissions and enrollment data
11 for limited access programs. Such report shall be submitted
12 by December 1, 1991, and annually thereafter, and shall assist
13 in determining the potential need for academic program
14 contracts with independent institutions pursuant to s.
15 229.053. The report shall include, for each limited access
16 program within each institution, the following categories, by
17 race and gender:
18 1. The number of applicants.
19 2. The number of applicants granted admission.
20 3. The number of applicants who are granted admission
21 and enroll.
22 4. The number of applicants denied admission.
23 5. The number of applicants neither granted admission
24 nor denied admission.
25
26 Each category shall be reported for each term. Each category
27 shall be reported by type of student, including the following
28 subcategories: native student, community college associate in
29 arts degree transfer student, and other student. Each
30 category and subcategory shall further be reported according
31 to the number of students who meet or exceed the minimum
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1 eligibility requirements for admission to the program and the
2 number of students who do not meet or exceed the minimum
3 eligibility requirements for admission to the program.
4 (t) Adopt rules providing that each state university
5 shall advise students who meet the minimum requirements for
6 admission to the upper division of a state university, but are
7 denied admission to limited access programs, of the
8 availability of similar programs at other State University
9 System institutions and the admissions requirements of such
10 programs.
11 Section 4. Section 240.235, Florida Statutes, is
12 amended to read:
13 240.235 Fees.--
14 (1) The board shall, as part of its legislative budget
15 request, propose a fee schedule for tuition and financial aid
16 fees sufficient to generate the revenues required in the
17 budget request. The resident undergraduate tuition shall be
18 set at no less than 25 percent of the full cost of
19 undergraduate instruction. Except as otherwise provided by
20 law, the resident graduate tuition shall be set at no less
21 than 25 percent of the full cost of graduate instruction. The
22 nonresident undergraduate tuition must be sufficient to defray
23 the full cost of undergraduate education. The nonresident
24 graduate tuition must be sufficient to defray the full cost of
25 graduate education.
26 (2) As necessary, the board shall revise the
27 systemwide standard fee schedule to produce the total fee
28 revenue established in the appropriations act, based on the
29 product of the assigned enrollment and the fee schedule.
30 However, the annual fee increases for resident tuition may not
31
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1 exceed 10 percent unless otherwise provided in the
2 appropriations act.
3 (3) The board may approve a university request to
4 implement a resident and nonresident tuition schedule that is
5 calculated to generate revenue that varies no more than 10
6 percent from the standard fee revenues authorized through an
7 appropriations act.
8 (4) The board may collect for financial aid purposes
9 an amount not to exceed 5 percent of the registration fees.
10 These revenues are to remain at each campus and must be
11 disbursed to students as quickly as possible. The board shall
12 establish specific limits on the percent of the fees collected
13 in a fiscal year which may be carried forward unexpended to
14 the following fiscal year. A minimum of 70 percent of funds
15 from the student financial aid fee must be used to provide
16 financial aid based on absolute need.
17 (5) The Capital Improvement Trust Fund fee is
18 established as $2.44 per credit hour per semester. The
19 building fee is established as $2.32 per credit hour per
20 semester.
21 (6) Unless otherwise provided, funds from student fee
22 collections and other miscellaneous fees and receipts shall be
23 credited to the Education and General Student Other Fees Trust
24 Fund, administered by the Department of Education. The purpose
25 of the trust fund is to support the instruction and research
26 missions of the State University System. Notwithstanding the
27 provisions of s. 216.301, and pursuant to s. 216.351, any
28 balance in the trust fund at the end of any fiscal year shall
29 remain in the trust fund and shall be available for carrying
30 out the purposes of the trust fund.
31
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1 (7)(1) Each university is authorized to establish
2 separate activity and service, health, and athletic fees.
3 When duly established, the fees shall be collected as
4 component parts of the registration and tuition fees and shall
5 be retained by the university and paid into the separate
6 activity and service, health, and athletic funds.
7 (a)1. Each university president shall establish a
8 student activity and service fee on the main campus of the
9 university. The university president may also establish a
10 student activity and service fee on any branch campus or
11 center. Any subsequent increase in the activity and service
12 fee must be recommended by an activity and service fee
13 committee, at least one-half of whom are students appointed by
14 the student body president. The remainder of the committee
15 shall be appointed by the university president. A
16 chairperson, appointed jointly by the university president and
17 the student body president, shall vote only in the case of a
18 tie. The recommendations of the committee shall take effect
19 only after approval by the university president, after
20 consultation with the student body president, with final
21 approval by the Board of Regents. An increase in the activity
22 and service fee may occur only once each fiscal year and must
23 be implemented beginning with the fall term. The Board of
24 Regents is responsible for promulgating the rules and
25 timetables necessary to implement this fee.
26 2. The student activity and service fees shall be
27 expended for lawful purposes to benefit the student body in
28 general. This shall include, but shall not be limited to,
29 student publications and grants to duly recognized student
30 organizations, the membership of which is open to all students
31 at the university without regard to race, sex, or religion.
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1 The fund may not benefit activities for which an admission fee
2 is charged to students, except for
3 student-government-association-sponsored concerts. The
4 allocation and expenditure of the fund shall be determined by
5 the student government association of the university, except
6 that the president of the university may veto any line item or
7 portion thereof within the budget when submitted by the
8 student government association legislative body. The
9 university president shall have 15 school days from the date
10 of presentation of the budget to act on the allocation and
11 expenditure recommendations, which shall be deemed approved if
12 no action is taken within the 15 school days. If any line item
13 or portion thereof within the budget is vetoed, the student
14 government association legislative body shall within 15 school
15 days make new budget recommendations for expenditure of the
16 vetoed portion of the fund. If the university president
17 vetoes any line item or portion thereof within the new budget
18 revisions, the university president may reallocate by line
19 item that vetoed portion to bond obligations guaranteed by
20 activity and service fees. Unexpended funds and undisbursed
21 funds remaining at the end of a fiscal year shall be carried
22 over and remain in the student activity and service fund and
23 be available for allocation and expenditure during the next
24 fiscal year.
25 (b) Each university president shall establish a
26 student health fee on the main campus of the university. The
27 university president may also establish a student health fee
28 on any branch campus or center. Any subsequent increase in the
29 health fee must be recommended by a health committee, at least
30 one-half of whom are students appointed by the student body
31 president. The remainder of the committee shall be appointed
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1 by the university president. A chairperson, appointed jointly
2 by the university president and the student body president,
3 shall vote only in the case of a tie. The recommendations of
4 the committee shall take effect only after approval by the
5 university president, after consultation with the student body
6 president, with final approval by the Board of Regents. An
7 increase in the health fee may occur only once each fiscal
8 year and must be implemented beginning with the fall term. The
9 Board of Regents is responsible for promulgating the rules and
10 timetables necessary to implement this fee.
11 (c) Each university president shall establish a
12 separate athletic fee on the main campus of the university.
13 The university president may also establish a separate
14 athletic fee on any branch campus or center. The initial
15 aggregate athletic fee at each university shall be equal to,
16 but may be no greater than, the 1982-1983 per-credit-hour
17 activity and service fee contributed to intercollegiate
18 athletics, including women's athletics, as provided by s.
19 240.533. Concurrently with the establishment of the athletic
20 fee, the activity and service fee shall experience a one-time
21 reduction equal to the initial aggregate athletic fee. Any
22 subsequent increase in the athletic fee must be recommended by
23 an athletic fee committee, at least one-half of whom are
24 students appointed by the student body president. The
25 remainder of the committee shall be appointed by the
26 university president. A chairperson, appointed jointly by the
27 university president and the student body president, shall
28 vote only in the case of a tie. The recommendations of the
29 committee shall take effect only after approval by the
30 university president, after consultation with the student body
31 president, with final approval by the Board of Regents. An
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1 increase in the athletic fee may occur only once each fiscal
2 year and must be implemented beginning with the fall term. The
3 Board of Regents is responsible for promulgating the rules and
4 timetables necessary to implement this fee.
5 (8)(2) The university may permit the deferral of
6 registration and tuition fees for those students receiving
7 financial aid from federal or state assistance programs when
8 such aid is delayed in being transmitted to the student
9 through circumstances beyond the control of the student.
10 Failure to make timely application for such aid shall be
11 insufficient reason to receive such deferral. Veterans and
12 other eligible students receiving benefits under chapter 30,
13 chapter 31, chapter 32, chapter 34, or chapter 35, 38 U.S.C.,
14 or chapter 106, 10 U.S.C., shall be entitled to one deferment
15 each academic year and an additional deferment each time there
16 is a delay in the receipt of their benefits.
17 (9)(3) The Board of Regents shall establish rules to
18 waive any or all application, course registration, and related
19 fees for persons 60 years of age or older who are residents of
20 this state and who attend credit classes for credit. No
21 academic credit shall be awarded for attendance in classes for
22 which fees are waived under this subsection. This privilege
23 may be granted only on a space-available basis, if such
24 classes are not filled as of the close of registration. A
25 university may limit or deny the privilege for courses which
26 are in programs for which the Board of Regents has established
27 selective admissions criteria. Persons paying full fees and
28 state employees taking courses on a space-available basis
29 shall have priority over those persons whose fees are waived
30 in all cases where classroom spaces are limited.
31
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1 (10(4) Students enrolled in a dual enrollment or early
2 admission program pursuant to s. 240.116 shall be exempt from
3 the payment of registration, matriculation, and laboratory
4 fees. Students enrolled in accordance with this subsection may
5 be calculated as the proportional shares of full-time
6 equivalent enrollments each such student generates for state
7 funding purposes.
8 (11)(5)(a) Any student for whom the state is paying a
9 foster care board payment pursuant to s. 409.145(3) or parts
10 III and V of chapter 39, for whom the permanency planning goal
11 pursuant to part V of chapter 39 is long-term foster care or
12 independent living, or who is adopted from the Department of
13 Children and Family Services after December 31, 1997, shall be
14 exempt from the payment of all undergraduate fees, including
15 fees associated with enrollment in college-preparatory
16 instruction or completion of college-level communication and
17 computation skills testing programs. Before a fee exemption
18 can be given, the student shall have applied for and been
19 denied financial aid, pursuant to s. 240.404, which would have
20 provided, at a minimum, payment of all undergraduate fees.
21 Such exemption shall be available to any student adopted from
22 the Department of Children and Family Services after December
23 31, 1997; however, the exemption shall be valid for no more
24 than 4 years after the date of graduation from high school.
25 (b) Any student qualifying for a fee exemption under
26 this subsection shall receive such an exemption for not more
27 than 4 consecutive years or 8 semesters unless the student is
28 participating in college-preparatory instruction or is
29 requiring additional time to complete the college-level
30 communication and computation skills testing programs. Such a
31
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1 student shall be eligible to receive a fee exemption for a
2 maximum of 5 consecutive years or 10 semesters.
3 (c) As a condition for continued fee exemption, a
4 student shall have earned a grade point average of at least
5 2.0 on a 4.0 scale for the previous term, maintain at least an
6 overall 2.0 average for college work, or have an average below
7 2.0 for only the previous term and be eligible for continued
8 enrollment in the institution.
9 (12)(6) Each university may assess a service charge
10 for the payment of tuition and fees in installments. Such
11 service charge must be approved by the Board of Regents. The
12 revenues from such service charges shall be deposited into the
13 Education and General Student Other Fees Trust Fund Incidental
14 Trust Fund.
15 (13)(7) Any graduate student enrolled in a
16 state-approved school psychology training program shall be
17 entitled to a waiver of registration fees for internship
18 credit hours applicable to an internship in the public school
19 system under the supervision of a Department of Education
20 certified school psychologist employed by the school system.
21 (14)(8) The Board of Regents shall exempt one-half of
22 all tuition and course-related fees for certain members of the
23 active Florida National Guard pursuant to the provisions of s.
24 250.10(8).
25 (15)(9) The Board of Regents may establish rules to
26 allow for the waiver of out-of-state fees for
27 nondegree-seeking students enrolled at State University System
28 institutions if the earned student credit hours generated by
29 such students are nonfundable and the direct cost for the
30 program of study is recovered from the fees charged to all
31 students.
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1 Section 5. Subsections (15), (16), and (17) are added
2 to s. 240.35, Florida Statutes, to read:
3 240.35 Student fees.--Unless otherwise provided, the
4 provisions of this section apply only to fees charged for
5 college credit instruction leading to an associate degree,
6 including college-preparatory courses defined in s. 239.105.
7 (15) For the discretionary fees authorized in
8 subsections (9), (10), and (13), each board of trustees may
9 very fee levels within the specified parameters of each fee in
10 those subsections.
11 (16) Community colleges may not charge any fee that is
12 not specifically authorized by statute. Community colleges may
13 charge laboratory fees, transcript fees, application fees, and
14 graduation fees. Only tuition and the fees specified by this
15 subsection may be charged.
16 (17) Boards of trustees may establish specific fees
17 for instruction not reported for state funding purposes or for
18 instruction not reported as state-funded full-time equivalent
19 students. Boards of trustees are not required to charge any
20 other fees specified in this section for this type of
21 instruction.
22 Section 6. Paragraphs (a) and (b) of subsection (7) of
23 section 240.551, Florida Statutes, are amended to read:
24 240.551 Florida Prepaid Postsecondary Education
25 Expense Program.--
26 (7) At a minimum, the board shall make advance payment
27 contracts available for two independent plans to be known as
28 the community college plan and the university plan. The board
29 may also make advance payment contracts available for a
30 dormitory residence plan.
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1 (a) Through the community college plan, the advance
2 payment contract shall provide prepaid registration fees for a
3 specified number of undergraduate semester credit hours not to
4 exceed the average number of hours required for the conference
5 of an associate degree. The cost of participation in the
6 community college plan shall be based primarily on the average
7 current and projected registration fees within the State
8 Community College System and the number of years expected to
9 elapse between the purchase of the plan on behalf of a
10 qualified beneficiary and the exercise of the benefits
11 provided in the plan by such beneficiary. Effective July 1,
12 1998, the board may provide advance payment contracts for
13 activity and service fees in conjunction with or in addition
14 to advance payment contracts for registration fees. The cost
15 of purchasing activity and service fees shall be based
16 primarily on the average current and projected activity and
17 service fees within the State Community College System and the
18 number of years expected to elapse between the purchase of the
19 plan on behalf of a qualified beneficiary and the exercise of
20 the benefits provided in the plan by such beneficiary.
21 Qualified beneficiaries shall bear the cost of any laboratory
22 fees associated with enrollment in specific courses. Each
23 qualified beneficiary shall be classified as a resident for
24 tuition purposes pursuant to s. 240.1201 regardless of his or
25 her actual legal residence.
26 (b) Through the university plan, the advance payment
27 contract shall provide prepaid registration fees for a
28 specified number of undergraduate semester credit hours not to
29 exceed the average number of hours required for the conference
30 of a baccalaureate degree. The cost of participation in the
31 university plan shall be based primarily on the current and
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1 projected registration fees within the State University System
2 and the number of years expected to elapse between the
3 purchase of the plan on behalf of a qualified beneficiary and
4 the exercise of the benefits provided in the plan by such
5 beneficiary. Effective July 1, 1998, the board may provide
6 advance payment contracts for activity fees and service,
7 health, and athletic fees in conjunction with or in addition
8 to advance payment contracts for registration fees. The cost
9 of purchasing activity and service, health, and athletic fees
10 shall be based primarily on the average current and projected
11 cost of these fees within the State University System and the
12 number of years expected to elapse between the purchase of the
13 plan on behalf of a qualified beneficiary and the exercise of
14 the benefits provided in the plan by such beneficiary.
15 However, the maximum coverage of these fees may not exceed 45
16 percent of tuition. Qualified beneficiaries shall bear the
17 cost of any laboratory fees associated with enrollment in
18 specific courses. In the event that a qualified beneficiary
19 fails to be admitted to a state university or chooses to
20 attend a community college, the qualified beneficiary may
21 convert the average number of semester credit hours required
22 for the conference of an associate degree from a university
23 plan to a community college plan and may retain the remaining
24 semester credit hours in the university plan or may request a
25 refund for prepaid credit hours in excess of the average
26 number of semester credit hours required for the conference of
27 an associate degree pursuant to subparagraph (6)(a)7. Each
28 qualified beneficiary shall be classified as a resident for
29 tuition purposes pursuant to s. 240.1201 regardless of his or
30 her actual legal residence.
31 Section 7. This act shall take effect July 1, 1998.
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1 *****************************************
2 SENATE SUMMARY
3 Revises provisions relating to postsecondary education.
Provides definitions relating to postsecondary education
4 fees and directs that changes in terminology be made in
the Florida Statutes. Authorizes fees and prohibits
5 community colleges and district school boards from
charging fees not specifically authorized by statute.
6 Authorizes the Board of Regents to set fees based on the
full cost of instruction and authorizes specific fees.
7 Authorizes advance payment contracts pertaining to the
Florida Prepaid Postsecondary Education Expense Program.
8 (See bill for details.)
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