House Bill 4459

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    Florida House of Representatives - 1998                HB 4459

        By the Committee on Colleges & Universities and
    Representatives Casey, Ball, Betancourt, Constantine, Ritter,
    Rojas, Rayson and Brooks




  1                      A bill to be entitled

  2         An act relating to postsecondary education;

  3         amending s. 228.041, F.S.; revising definitions

  4         and adding definitions relating to

  5         postsecondary student fees; amending s.

  6         239.117, F.S., relating to postsecondary fees;

  7         conforming language; requiring the Commissioner

  8         of Education to provide a fee schedule;

  9         authorizing district school boards and

10         community college boards of trustees to

11         establish a technology fee, specific fees for

12         certain instruction, and fee schedules for

13         specified fees; providing for a technology fee

14         committee; revising certain fee requirements;

15         amending s. 240.209, F.S., relating to powers

16         and duties of the Board of Regents; revising

17         provisions relating to the establishment of

18         student fees; amending s. 240.235, F.S.;

19         revising and transferring provisions relating

20         to university student fees; conforming

21         language; authorizing each university president

22         to submit a plan to the Board of Regents to

23         increase matriculation and tuition fees for

24         specified professional programs; providing a

25         limit on such increase; specifying certain

26         contents of plans; providing for the retention

27         of revenue; authorizing the establishment of

28         health-related charges and a technology fee;

29         providing for a technology fee committee;

30         providing certain fee requirements; authorizing

31         the assessment of certain fees and charges;

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  1         authorizing the establishment of certain fee

  2         schedules; revising provisions relating to the

  3         waiver of certain fees; amending s. 240.319,

  4         F.S.; authorizing community college district

  5         boards of trustees to establish fee schedules

  6         for specified fees; amending s. 240.35, F.S.;

  7         revising provisions relating to community

  8         college student fees; conforming language;

  9         authorizing the establishment of a technology

10         fee; providing for a technology fee committee;

11         revising certain fee requirements; amending s.

12         240.551, F.S., relating to the Florida Prepaid

13         Postsecondary Education Expense Program;

14         authorizing advance payment contracts for local

15         fees and technology fees; providing

16         requirements; amending s. 240.4042, 240.531,

17         and 250.10, F.S.; conforming cross references

18         and language; directing that changes in

19         terminology in statutes be made; providing an

20         effective date.

21

22  Be It Enacted by the Legislature of the State of Florida:

23

24         Section 1.  Subsections (32) and (33) of section

25  228.041, Florida Statutes, are amended, and subsections (43)

26  and (44) are added to said section, to read:

27         228.041  Definitions.--Specific definitions shall be as

28  follows, and wherever such defined words or terms are used in

29  the Florida School Code, they shall be used as follows:

30         (32)  TUITION MATRICULATION FEE.--The basic fee charged

31  to a student for instruction provided by a public

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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)  OUT-OF-STATE FEE 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, registration fees include:  tuition; out-of-state

14  fees, if applicable; financial aid fee; building fee; capital

15  improvement fee; activity and service fee; athletic fee;

16  health fee; and technology fee.  For a student enrolled in a

17  school district workforce development program or attending a

18  community college, registration fees include:  tuition;

19  out-of-state fees, if applicable; financial aid fee; capital

20  improvement fee; activity and service fee, if applicable; and

21  technology fee.

22         (44)  LOCAL FEES.--The fees authorized by the

23  Legislature, established by a public postsecondary

24  institution, and assessed as part of the registration process

25  to provide programs and services that benefit the student body

26  in general. Local fees include the student activity and

27  service fee, student health fee, and athletic fee.

28         Section 2.  Section 239.117, Florida Statutes, as

29  amended by chapter 97-383, Laws of Florida, is amended to

30  read:

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  1         239.117  Workforce development postsecondary student

  2  fees.--

  3         (1)  This section applies to students enrolled in

  4  workforce development programs, including programs and courses

  5  leading to an associate in applied technology degree or an

  6  associate in science degree who are reported for funding

  7  through the Workforce Development Education Fund.

  8         (2)  All students shall be charged fees except students

  9  who are exempt from fees or students whose fees are waived.

10         (3)  The following students are exempt from any

11  requirement for the payment of registration, matriculation,

12  and laboratory fees for adult basic, adult secondary, or

13  vocational-preparatory instruction:

14         (a)  A student who does not have a high school diploma

15  or its equivalent.

16         (b)  A student who has a high school diploma or its

17  equivalent and who has academic skills at or below the eighth

18  grade level pursuant to state board rule. A student is

19  eligible for this exemption from fees if the student's skills

20  are at or below the eighth grade level as measured by a test

21  administered in the English language and approved by the

22  Department of Education, even if the student has skills above

23  that level when tested in the student's native language.

24         (4)  The following students are exempt from the payment

25  of registration, matriculation, and laboratory fees:

26         (a)  A student enrolled in a dual enrollment or early

27  admission program pursuant to s. 239.241.

28         (b)  A student enrolled in an approved apprenticeship

29  program, as defined in s. 446.021.

30         (c)  A student for whom the state is paying a foster

31  care board payment pursuant to s. 409.145(3) or pursuant to

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  1  parts II III and III V of chapter 39, for whom the permanency

  2  planning goal pursuant to part III V of chapter 39 is

  3  long-term foster care or independent living, or who is adopted

  4  from the Department of Children and Family Services after

  5  December 31, 1997. Such exemption includes fees associated

  6  with enrollment in college-preparatory instruction and

  7  completion of the college-level communication and computation

  8  skills testing program. Such exemption shall be available to

  9  any student adopted from the Department of Children and Family

10  Services after December 31, 1997; however, the exemption shall

11  be valid for no more than 4 years after the date of graduation

12  from high school.

13         (d)  A student enrolled in an employment and training

14  program under the WAGES Program.  Such a student may receive a

15  fee exemption only if the student applies for and does not

16  receive student financial aid, including Job Training

17  Partnership Act or Family Support Act funds.  Schools and

18  community colleges shall help such students apply for

19  financial aid, but may not deny such students program

20  participation during the financial aid application process.

21  Such a student may not be required to incur debt within the

22  financial aid package. The local WAGES coalition shall pay the

23  community college or school district for costs incurred for

24  WAGES clients.

25         (e)  A student who lacks a fixed, regular, and adequate

26  nighttime residence or whose primary nighttime residence is a

27  public or private shelter designed to provide temporary

28  residence for individuals intended to be institutionalized, or

29  a public or private place not designed for, or ordinarily used

30  as, a regular sleeping accommodation for human beings.

31

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  1         (5)  School districts and community colleges may waive

  2  fees for any fee-nonexempt student. The total value of fee

  3  waivers granted by the school district or community college

  4  may not exceed the amount established annually in the General

  5  Appropriations Act. Any student whose fees are waived in

  6  excess of the authorized amount may not be reported for state

  7  funding purposes. Any school district or community college

  8  that waives fees and requests state funding for a student in

  9  violation of the provisions of this section shall be penalized

10  at a rate equal to 2 times the value of the full-time student

11  enrollment reported.

12         (6)(a)  The Commissioner of Education shall provide

13  recommend to the State Board of Education no later than

14  December 31 of each year a schedule of fees for workforce

15  development education. The fee schedule shall be based on the

16  amount of student fees necessary to produce 25 percent of the

17  prior year's cost of a course of study leading to a

18  certificate or degree and 50 percent of the prior year's cost

19  of a course that does not lead to an occupational completion

20  point. At the discretion of a school board or a community

21  college, this fee schedule may be implemented over a 3-year

22  period, with full implementation in the 1999-2000 school year.

23  In years preceding that year, if fee increases are necessary

24  for some programs or courses, the fees shall be raised in

25  increments designed to lessen their impact upon students

26  already enrolled. Fees for students who are not residents for

27  tuition purposes must offset the full cost of instruction.

28         (b)  The State Board of Education shall adopt a fee

29  schedule for school districts that produces the fee revenues

30  calculated pursuant to paragraph (a). The schedule so

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  1  calculated shall take effect, unless otherwise specified in

  2  the General Appropriations Act.

  3         (c)  The State Board of Education shall adopt, by rule,

  4  the definitions and procedures that school boards shall use in

  5  the calculation of cost borne by students.  Such rule must

  6  define the cost of educational programs as the product of

  7  semester enrollment counts times the average instructional

  8  cost for the course of study, divided by the number of

  9  semesters in the course of study. A course of study is a

10  single course or a series of two or more courses leading to an

11  occupational completion point, an associate in applied

12  technology degree, or an associate in science degree.  The

13  rule shall be developed in consultation with the Legislature.

14         (7)(a)  Each year the State Board of Community Colleges

15  shall review and evaluate the percentage of the cost of adult

16  programs and certificate career education programs supported

17  through student fees.  If this review indicates that student

18  fees generate less than the percentage targeted for the

19  program, the State Board of Community Colleges shall adopt a

20  schedule of fee increases by December 31 for the following

21  fall semester.  For students who are residents for tuition

22  purposes, the schedule so adopted must produce revenues equal

23  to 25 percent of the prior year's program cost for

24  college-preparatory and supplemental vocational programs and

25  10 percent of the prior year's program cost for certificate

26  career education and vocational preparatory programs.  The fee

27  schedule for lifelong learning programs shall be based on

28  student fees and nonstate funds necessary to produce 50

29  percent of the prior year's cost of lifelong learning

30  programs. State funds may not exceed 50 percent of the prior

31  year's cost of lifelong learning programs.  The state board

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  1  may not increase fees more than 10 percent for students who

  2  are residents for tuition purposes. Unless otherwise specified

  3  in the General Appropriations Act, the fee schedule shall take

  4  effect and the college shall expend student fees on

  5  instruction.  If the Legislature enacts a calculation

  6  different than that adopted by the state board, the state

  7  board shall adopt a fee schedule that generates the same

  8  revenues as the calculation contained in the General

  9  Appropriations Act.  Each community college board of trustees

10  shall establish matriculation, tuition, and noncredit fees

11  that may vary no more than 10 percent from the schedule

12  approved by the State Board of Education.  Fees for students

13  who are not residents for tuition purposes must offset the

14  full cost of instruction.

15         (b)  Students enrolled in college-preparatory

16  instruction shall pay fees equal to the fees charged for

17  college credit courses.  Students enrolled in the same

18  college-preparatory class within a skill area more than one

19  time shall pay fees at 100 percent of the full cost of

20  instruction and shall not be included in calculations of

21  full-time equivalent enrollments for state funding purposes;

22  however, students who withdraw or fail a class due to

23  extenuating circumstances may be granted an exception only

24  once for each class, provided approval is granted according to

25  policy established by the board of trustees. Each community

26  college shall have the authority to review and reduce payment

27  for increased fees due to continued enrollment in a

28  college-preparatory class on an individual basis, contingent

29  upon a student's financial hardship, pursuant to definitions

30  and fee levels established by the State Board of Community

31  Colleges. Fee-nonexempt students enrolled in

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  1  vocational-preparatory instruction shall be charged fees equal

  2  to the fees charged for certificate career education

  3  instruction. Each community college that conducts

  4  college-preparatory and vocational-preparatory instruction in

  5  the same class section may charge a single fee for both types

  6  of instruction.

  7         (8)  Each school board and community college board of

  8  trustees may establish a separate fee collect, for financial

  9  aid purposes, not to exceed $3 per credit hour or the

10  equivalent up to an additional 10 percent of the student fees

11  collected for workforce development programs.  All fees

12  collected shall be deposited into the student financial aid

13  fee trust fund of the district or community college. Any

14  undisbursed balance remaining in the trust fund and interest

15  income accruing to investments from the trust fund shall

16  increase the total funds available for distribution to

17  certificate career education students.  Awards shall be based

18  on student financial need and distributed in accordance with a

19  nationally recognized system of need analysis approved by the

20  State Board for Career Education.  Fees collected pursuant to

21  this subsection shall be allocated in an expeditious manner.

22         (9)  A district school board or a community college

23  board of trustees may charge other fees only as authorized by

24  rule of the State Board of Education or the State Board of

25  Community Colleges.

26         (9)(10)  The State Board of Education and the State

27  Board of Community Colleges shall adopt rules to allow the

28  deferral of registration and tuition fees for students

29  receiving financial aid from a federal or state assistance

30  program when such aid is delayed in being transmitted to the

31  student through circumstances beyond the control of the

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  1  student.  The failure to make timely application for such aid

  2  is an insufficient reason to receive a deferral of fees.  The

  3  rules must provide for the enforcement and collection or other

  4  settlement of delinquent accounts.

  5         (10)(11)  Any veteran or other eligible student who

  6  receives benefits under chapter 30, chapter 31, chapter 32,

  7  chapter 34, or chapter 35 of Title 38, U.S.C., or chapter 106

  8  of Title 10, U.S.C., is entitled to one deferment each

  9  academic year and an additional deferment each time there is a

10  delay in the receipt of benefits.

11         (11)(12)  Each school district and community college

12  shall be responsible for collecting all deferred fees.  If a

13  school district or community college has not collected a

14  deferred fee, the student may not earn state funding for any

15  course for which the student subsequently registers until the

16  fee has been paid.

17         (12)(13)  Any school district or community college that

18  reports students who have not paid fees in an approved manner

19  in calculations of full-time equivalent enrollments for state

20  funding purposes shall be penalized at a rate equal to 2 times

21  the value of such enrollments. Such penalty shall be charged

22  against the following year's allocation from the Florida

23  Workforce Development Education Fund or the Community College

24  Program Fund and shall revert to the General Revenue Fund.

25  The State Board of Education shall specify, in rule, approved

26  methods of student fee payment.  Such methods must include,

27  but need not be limited to, student fee payment; payment

28  through federal, state, or institutional financial aid; and

29  employer fee payments.

30         (13)(14)  Each school district and community college

31  shall report only those students who have actually enrolled in

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  1  instruction provided or supervised by instructional personnel

  2  under contract with the district or community college in

  3  calculations of actual full-time enrollments for state funding

  4  purposes.  A student who has been exempted from taking a

  5  course or who has been granted academic or vocational credit

  6  through means other than actual coursework completed at the

  7  granting institution may not be calculated for enrollment in

  8  the course from which the student has been exempted or for

  9  which the student has been granted credit. School districts

10  and community colleges that report enrollments in violation of

11  this subsection shall be penalized at a rate equal to 2 times

12  the value of such enrollments. Such penalty shall be charged

13  against the following year's allocation from the Workforce

14  Development Education Fund and shall revert to the General

15  Revenue Fund.

16         (14)(15)  School boards and community college boards of

17  trustees may establish scholarship funds using donations.  If

18  such funds are established, school boards and community

19  college boards of trustees shall adopt rules that provide for

20  the criteria and methods for awarding scholarships from the

21  fund.

22         (16)  School boards and community college boards of

23  trustees may establish, by rule, a consumable supply fee for

24  postsecondary students enrolled in certificate career

25  education or supplemental courses.

26         (15)(17)  Each school board and community college board

27  of trustees may establish a separate fee for capital

28  improvements, technology enhancements, or equipping buildings

29  which may not exceed $1.75 per credit hour or the equivalent 5

30  percent of the matriculation fee for resident students or 5

31  percent of the matriculation and tuition fee for nonresident

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  1  students.  Funds collected by community colleges through these

  2  fees may be bonded only for the purpose of financing or

  3  refinancing new construction of educational facilities. The

  4  fee shall be collected as a component part of the registration

  5  and tuition fees, paid into a separate account, and expended

  6  only to construct and equip, maintain, improve, or enhance the

  7  certificate career education or adult education facilities of

  8  the school district or community college. Projects funded

  9  through the use of the capital improvement fee must meet the

10  survey and construction requirements of chapter 235. Pursuant

11  to s. 216.0158, each school board and community college board

12  of trustees shall identify each project, including maintenance

13  projects, proposed to be funded in whole or in part by such

14  fee. Capital improvement fee revenues may be pledged by a

15  board of trustees as a dedicated revenue source to the

16  repayment of debt, including lease-purchase agreements and

17  revenue bonds, with a term not to exceed 20 years, only for

18  the new construction of educational facilities. Community

19  colleges may use the services of the Division of Bond Finance

20  of the State Board of Administration to issue any bonds

21  authorized through the provisions of this subsection. Any such

22  bonds issued by the Division of Bond Finance shall be in

23  compliance with the provisions of the State Bond Act. Bonds

24  issued pursuant to the State Bond Act shall be validated in

25  the manner provided by chapter 75. The complaint for such

26  validation shall be filed in the circuit court of the county

27  where the seat of state government is situated, the notice

28  required to be published by s. 75.06 shall be published only

29  in the county where the complaint is filed, and the complaint

30  and order of the circuit court shall be served only on the

31  state attorney of the circuit in which the action is pending.

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  1  A maximum of 15 cents per credit hour may be allocated from

  2  the capital improvement fee for child care centers conducted

  3  by the school board or community college board of trustees.

  4         (16)  Community colleges and district school boards are

  5  not authorized to charge students enrolled in workforce

  6  development programs any fee that is not specifically

  7  authorized by statute.  In addition to tuition, financial aid

  8  fees, capital improvement fees, and technology fees as

  9  authorized in this section, community colleges and district

10  school boards are authorized to establish fee schedules for

11  the following:  laboratory fees; safety and security fees;

12  parking fees and fines; library fees and fines; fees and fines

13  relating to facilities/equipment use or damage; access or

14  identification cards; duplicating, photocopying, binding, or

15  microfilming; standardized testing; diploma replacement;

16  transcript fees; application fees; graduation fees; and late

17  fees related to registration and payment. Such fees shall not

18  exceed the cost of the services provided and shall not be

19  charged to persons not receiving the service.

20         (17)  District school boards and community college

21  district boards of trustees are authorized to establish

22  specific fees for workforce development instruction not

23  reported for state funding purposes or for workforce

24  development instruction not reported as state funded full-time

25  equivalent students.  District school boards and district

26  boards of trustees are not required to charge any other fees

27  specified in this section for this type of instruction.

28         (18)  Each district school board and community college

29  district board of trustees may establish a separate fee for

30  technology, not to exceed $2.50 per credit hour or the

31  equivalent. The technology fee shall be collected as a

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  1  component part of the registration fees and may apply to both

  2  college credit and vocational credit instruction.  The initial

  3  fee, use of revenues from the technology fee, and any

  4  subsequent increases in the fee amount must be pursuant to a

  5  plan recommended by a school advisory council or a technology

  6  fee committee established pursuant to the provisions of s.

  7  240.35.

  8         Section 3.  Paragraphs (e) and (h) of subsection (3) of

  9  section 240.209, Florida Statutes, are amended to read:

10         240.209  Board of Regents; powers and duties.--

11         (3)  The board shall:

12         (e)  Establish student fees pursuant to the provisions

13  of s. 240.235.

14         1.  By no later than December 1 of each year, the board

15  shall raise the systemwide standard for resident undergraduate

16  matriculation and financial aid fees for the subsequent fall

17  term, up to but no more than 25 percent of the prior year's

18  cost of undergraduate programs. In implementing this

19  paragraph, fees charged for graduate, medical, veterinary, and

20  dental programs may be increased by the Board of Regents in

21  the same percentage as the increase in fees for resident

22  undergraduates. However, in the absence of legislative action

23  to the contrary in an appropriations act, the board may not

24  approve annual fee increases for resident students in excess

25  of 10 percent. The sum of nonresident student matriculation

26  and tuition fees must be sufficient to defray the full cost of

27  undergraduate education. Graduate, medical, veterinary, and

28  dental fees charged to nonresidents may be increased by the

29  board in the same percentage as the increase in fees for

30  nonresident undergraduates. However, in implementing this

31  policy and in the absence of legislative action to the

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  1  contrary in an appropriations act, annual fee increases for

  2  nonresident students may not exceed 25 percent. In the absence

  3  of legislative action to the contrary in the General

  4  Appropriations Act, the fees shall go into effect for the

  5  following fall term.

  6         2.  When the appropriations act requires a new fee

  7  schedule, the board shall establish a systemwide standard fee

  8  schedule required to produce the total fee revenue established

  9  in the appropriations act based on the product of the assigned

10  enrollment and the fee schedule. The board may approve the

11  expenditure of any fee revenues resulting from the product of

12  the fee schedule adopted pursuant to this section and the

13  assigned enrollment.

14         3.  Upon provision of authority in a General

15  Appropriations Act to spend revenue raised pursuant to this

16  section, the board shall approve a university request to

17  implement a matriculation and out-of-state tuition fee

18  schedule which is calculated to generate revenue which varies

19  no more than 10 percent from the standard fee revenues

20  authorized through an appropriations act. In implementing an

21  alternative fee schedule, the increase in cost to a student

22  taking 15 hours in one term shall be limited to 5 percent.

23  Matriculation and out-of-state tuition fee revenues generated

24  as a result of this provision are to be expended for

25  implementing a plan for achieving accountability goals adopted

26  pursuant to s. 240.214(2) and for implementing a Board of

27  Regents-approved plan to contain student costs by reducing the

28  time necessary for graduation without reducing the quality of

29  instruction. The plans shall be recommended by a

30  universitywide committee, at least one-half of whom are

31  students appointed by the student body president. A

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  1  chairperson, appointed jointly by the university president and

  2  the student body president, shall vote only in the case of a

  3  tie.

  4         4.  The board is authorized to collect for financial

  5  aid purposes an amount not to exceed 5 percent of the student

  6  tuition and matriculation fee per credit hour. The revenues

  7  from fees are to remain at each campus and replace existing

  8  financial aid fees. Such funds shall be disbursed to students

  9  as quickly as possible. The board shall specify specific

10  limits on the percent of the fees collected in a fiscal year

11  which may be carried forward unexpended to the following

12  fiscal year. A minimum of 50 percent of funds from the student

13  financial aid fee shall be used to provide financial aid based

14  on absolute need. A student who has received an award prior to

15  July 1, 1984, shall have his or her eligibility assessed on

16  the same criteria that was used at the time of his or her

17  original award.

18         5.  The board may recommend to the Legislature an

19  appropriate systemwide standard matriculation and tuition fee

20  schedule.

21         6.  The Education and General Student and Other Fees

22  Trust Fund is hereby created, to be administered by the

23  Department of Education.  Funds shall be credited to the trust

24  fund from student fee collections and other miscellaneous fees

25  and receipts. The purpose of the trust fund is to support the

26  instruction and research missions of the State University

27  System. Notwithstanding the provisions of s. 216.301, and

28  pursuant to s. 216.351, any balance in the trust fund at the

29  end of any fiscal year shall remain in the trust fund and

30  shall be available for carrying out the purposes of the trust

31  fund.

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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         Section 4.  Section 240.235, Florida Statutes, is

  7  amended to read:

  8         240.235  Fees.--

  9         (1)  By no later than December 1 of each year, the

10  Board of Regents shall raise the systemwide standard for

11  resident undergraduate tuition for the subsequent fall term,

12  up to but no more than 25 percent of the prior year's cost of

13  undergraduate programs. In implementing this subsection, fees

14  charged for graduate, medical, veterinary, and dental programs

15  may be increased by the board in the same percentage as the

16  increase in fees for resident undergraduates. However, in the

17  absence of legislative action to the contrary in an

18  appropriations act, the board may not approve annual fee

19  increases for resident students in excess of 10 percent. The

20  sum of nonresident student tuition and out-of-state fees must

21  be sufficient to defray the full cost of undergraduate

22  education. Graduate, medical, veterinary, and dental program

23  fees charged to nonresidents may be increased by the board in

24  the same percentage as the increase in fees for nonresident

25  undergraduates. However, in implementing this policy and in

26  the absence of legislative action to the contrary in an

27  appropriations act, annual fee increases for nonresident

28  students may not exceed 25 percent. In the absence of

29  legislative action to the contrary in the General

30  Appropriations Act, the fees shall go into effect for the

31  following fall term.

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  1         (2)  When the appropriations act requires a new fee

  2  schedule, the Board of Regents shall establish a systemwide

  3  standard fee schedule required to produce the total fee

  4  revenue established in the appropriations act based on the

  5  product of the assigned enrollment and the fee schedule. The

  6  board may approve the expenditure of any fee revenues

  7  resulting from the product of the fee schedule adopted

  8  pursuant to this section and the assigned enrollment.

  9         (3)  The Board of Regents may recommend to the

10  Legislature an appropriate systemwide standard tuition and

11  out-of-state fee schedule.

12         (4)  Upon provision of authority in a General

13  Appropriations Act to spend the revenue raised pursuant to

14  this section, the Board of Regents shall approve a university

15  request to implement a tuition and out-of-state fee schedule

16  which is calculated to generate revenue which varies no more

17  than 10 percent from the standard fee revenues authorized

18  through an appropriations act. In implementing an alternative

19  fee schedule, the increase in cost to a student taking 15

20  hours in one term shall be limited to 5 percent. Tuition and

21  out-of-state fee revenues generated as a result of this

22  provision are to be expended for implementing a plan for

23  achieving accountability goals adopted pursuant to s.

24  240.214(2) and for implementing a board-approved plan to

25  contain student costs by reducing the time necessary for

26  graduation without reducing the quality of instruction. The

27  plans shall be recommended by a universitywide committee, at

28  least one-half of whom are students appointed by the student

29  body president. A chair, appointed jointly by the university

30  president and the student body president, shall vote only in

31  the case of a tie.

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  1         (5)  Notwithstanding any provision of chapter 240 to

  2  the contrary, each university president may submit a plan to

  3  the Board of Regents to increase matriculation and tuition

  4  fees for any one or more of its first-professional programs to

  5  a level not to exceed 110 percent of the average full-time

  6  tuition for the first-professional program as reported by the

  7  United States Department of Education National Center for

  8  Education Statistics. For purposes of this subsection,

  9  first-professional programs include dentistry, medicine,

10  pharmacy, veterinary medicine, and law. The plan may provide

11  for such increases to take place over a period of 3 to 5

12  years, with automatic adjustments thereafter. If approved by

13  the Board of Regents, the plan shall be implemented without

14  further review or approval. Each plan shall include a

15  provision for need-based financial assistance to those

16  students who may be denied access because of such tuition

17  increases. Any revenue generated as a result of the fee

18  differential established pursuant to this subsection shall be

19  retained by the university. Any limitations on nonresident

20  enrollment shall not apply to the programs covered by this

21  subsection.

22         (6)  Except as otherwise provided, funds from student

23  fee collections and other miscellaneous fees and receipts

24  shall be credited to the Education and General Student and

25  Other Fees Trust Fund, administered by the Department of

26  Education. The purpose of the trust fund is to support the

27  instruction and research missions of the State University

28  System. Notwithstanding the provisions of s. 216.301, and

29  pursuant to s. 216.351, any balance in the trust fund at the

30  end of any fiscal year shall remain in the trust fund and

31

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  1  shall be available for carrying out the purposes of the trust

  2  fund.

  3         (7)  The financial aid fee is established as $2.35 per

  4  credit hour per semester. The revenues from these fees are to

  5  remain at each campus. Such funds shall be disbursed to

  6  students as quickly as possible. The board shall specify

  7  specific limits on the percent of the fees collected in a

  8  fiscal year which may be carried forward unexpended to the

  9  following fiscal year. A minimum of 60 percent of funds from

10  the student financial aid fee shall be used to provide

11  financial aid based on absolute need.

12         (8)  The capital improvement fee is established as

13  $2.44 per credit hour per semester.  The building fee is

14  established as $2.32 per credit hour per semester. Revenues

15  from these fees are to be deposited into the Capital

16  Improvement Fee Trust Fund and the Building Fee Trust Fund

17  pursuant to the provisions of s. 240.2805.

18         (9)(1)  Each university is authorized to establish

19  separate activity and service, health, and athletic fees.

20  When duly established, the fees shall be collected as

21  component parts of the registration and tuition fees and shall

22  be retained by the university and paid into the separate

23  activity and service, health, and athletic funds.

24         (a)1.  Each university president shall establish a

25  student activity and service fee on the main campus of the

26  university.  The university president may also establish a

27  student activity and service fee on any branch campus or

28  center. Any subsequent increase in the activity and service

29  fee must be recommended by an activity and service fee

30  committee, at least one-half of whom are students appointed by

31  the student body president.  The remainder of the committee

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  1  shall be appointed by the university president.  A

  2  chairperson, appointed jointly by the university president and

  3  the student body president, shall vote only in the case of a

  4  tie.  The recommendations of the committee shall take effect

  5  only after approval by the university president, after

  6  consultation with the student body president, with final

  7  approval by the Board of Regents.  An increase in the activity

  8  and service fee may occur only once each fiscal year and must

  9  be implemented beginning with the fall term. The Board of

10  Regents is responsible for promulgating the rules and

11  timetables necessary to implement this fee.

12         2.  The student activity and service fees shall be

13  expended for lawful purposes to benefit the student body in

14  general.  This shall include, but shall not be limited to,

15  student publications and grants to duly recognized student

16  organizations, the membership of which is open to all students

17  at the university without regard to race, sex, or religion.

18  The fund may not benefit activities for which an admission fee

19  is charged to students, except for

20  student-government-association-sponsored concerts.  The

21  allocation and expenditure of the fund shall be determined by

22  the student government association of the university, except

23  that the president of the university may veto any line item or

24  portion thereof within the budget when submitted by the

25  student government association legislative body.  The

26  university president shall have 15 school days from the date

27  of presentation of the budget to act on the allocation and

28  expenditure recommendations, which shall be deemed approved if

29  no action is taken within the 15 school days. If any line item

30  or portion thereof within the budget is vetoed, the student

31  government association legislative body shall within 15 school

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  1  days make new budget recommendations for expenditure of the

  2  vetoed portion of the fund.  If the university president

  3  vetoes any line item or portion thereof within the new budget

  4  revisions, the university president may reallocate by line

  5  item that vetoed portion to bond obligations guaranteed by

  6  activity and service fees. Unexpended funds and undisbursed

  7  funds remaining at the end of a fiscal year shall be carried

  8  over and remain in the student activity and service fund and

  9  be available for allocation and expenditure during the next

10  fiscal year.

11         (b)  Each university president shall establish a

12  student health fee on the main campus of the university.  The

13  university president may also establish a student health fee

14  on any branch campus or center. In addition, the university

15  president, or designee, is authorized to establish

16  miscellaneous health-related charges for services provided at

17  cost by the health center which are not covered by the health

18  fee. Any subsequent increase in the health fee must be

19  recommended by a health committee, at least one-half of whom

20  are students appointed by the student body president. The

21  remainder of the committee shall be appointed by the

22  university president.  A chairperson, appointed jointly by the

23  university president and the student body president, shall

24  vote only in the case of a tie.  The recommendations of the

25  committee shall take effect only after approval by the

26  university president, after consultation with the student body

27  president, with final approval by the Board of Regents.  An

28  increase in the health fee may occur only once each fiscal

29  year and must be implemented beginning with the fall term. The

30  Board of Regents is responsible for promulgating the rules and

31  timetables necessary to implement this fee.

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  1         (c)  Each university president shall establish a

  2  separate athletic fee on the main campus of the university.

  3  The university president may also establish a separate

  4  athletic fee on any branch campus or center. The initial

  5  aggregate athletic fee at each university shall be equal to,

  6  but may be no greater than, the 1982-1983 per-credit-hour

  7  activity and service fee contributed to intercollegiate

  8  athletics, including women's athletics, as provided by s.

  9  240.533.  Concurrently with the establishment of the athletic

10  fee, the activity and service fee shall experience a one-time

11  reduction equal to the initial aggregate athletic fee. Any

12  subsequent increase in the athletic fee must be recommended by

13  an athletic fee committee, at least one-half of whom are

14  students appointed by the student body president.  The

15  remainder of the committee shall be appointed by the

16  university president.  A chairperson, appointed jointly by the

17  university president and the student body president, shall

18  vote only in the case of a tie.  The recommendations of the

19  committee shall take effect only after approval by the

20  university president, after consultation with the student body

21  president, with final approval by the Board of Regents.  An

22  increase in the athletic fee may occur only once each fiscal

23  year and must be implemented beginning with the fall term. The

24  Board of Regents is responsible for promulgating the rules and

25  timetables necessary to implement this fee.

26         (d)  The aggregate sum of the fees established pursuant

27  to this subsection shall not exceed $23 per credit hour for

28  1998-1999. All subsequent percentage increases in state

29  employee salaries and benefits shall permit a corresponding

30  percentage increase in the aggregate sum of the fees

31  established pursuant to this subsection.

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  1         (10)  The technology fee is established at $2.50 per

  2  credit hour. Use of revenues from the technology fee must be

  3  pursuant to a plan recommended by a technology fee committee.

  4  At least one-half of the members of the committee must be

  5  students appointed by the student body president.

  6         (11)  Each university may assess a service charge for

  7  the payment of registration fees in installments. Such service

  8  charge must be approved by the Board of Regents.  The revenues

  9  from such service charges shall be deposited into the

10  Education and General Student and Other Fees Trust Fund.

11         (12)  Each university shall assess a nonrefundable

12  application fee of $20. The fee shall be remitted to the

13  Education and General Student and Other Fees Trust Fund.

14         (13)  Each university shall assess a late registration

15  fee against students who fail to initiate registration in the

16  regular registration period.  The fee shall not be less than

17  $50 nor more than $100 with 50 percent remitted to the

18  Education and General Student and Other Fees Trust Fund and 50

19  percent retained by the university.  Provisions may be made to

20  waive the late registration fee as specified by the

21  university.

22         (14)  Universities may assess a late payment fee to

23  students who fail to pay, or make appropriate arrangements for

24  payment (installment payment, deferment, or third-party

25  billing), of tuition and course-related fees by the deadline

26  set by each university, which shall be no later than the end

27  of the second week of classes. The fee shall not be less than

28  $50 nor more than $100 with 50 percent remitted to the

29  Education and General Student and Other Fees Trust Fund and 50

30  percent retained by the university.  Provisions may be made to

31

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  1  waive the late payment fee for minor underpayment as specified

  2  by the university.

  3         (15)  Each university president is authorized to assess

  4  material and supply fees to offset the cost of materials or

  5  supply items that are consumed in the course of the student's

  6  instructional activities. The revenues from these fees shall

  7  remain at each campus.

  8         (16)  Each university is authorized to establish

  9  housing rental rates and miscellaneous housing charges for

10  services provided by the university at the request of the

11  student. The revenues from these fees shall remain at each

12  campus.

13         (17)  Each university is authorized to assess a charge

14  representing reasonable cost of collection efforts to effect

15  payment for overdue accounts. Amounts received for collection

16  costs shall be retained by the university.

17         (18)  Each university is authorized to assess a service

18  charge on university loans in lieu of interest and

19  administrative handling. The revenues from this service charge

20  shall remain at each campus.

21         (19)  Each university is authorized to establish fee

22  schedules for the following:  library fees and fines; fees and

23  fines relating to facilities/equipment use or damage; access

24  or identification cards; duplicating, photocopying, binding,

25  or microfilming; copyright services; standardized testing;

26  orientation; diploma replacement; transcript fees; parking

27  decals and fines; traffic fines; continuing education

28  activities; and child care services. Such fees shall not

29  exceed the cost of the service provided and shall not be

30  charged to persons not receiving the service.

31

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  1         (20)  State universities are not authorized to charge

  2  students any fee which is not specifically authorized by

  3  statute.

  4         (21)(2)  The university may permit the deferral of

  5  registration and tuition fees for those students receiving

  6  financial aid from federal or state assistance programs when

  7  such aid is delayed in being transmitted to the student

  8  through circumstances beyond the control of the student.

  9  Failure to make timely application for such aid shall be

10  insufficient reason to receive such deferral. Veterans and

11  other eligible students receiving benefits under chapter 30,

12  chapter 31, chapter 32, chapter 34, or chapter 35, 38 U.S.C.,

13  or chapter 106, 10 U.S.C., shall be entitled to one deferment

14  each academic year and an additional deferment each time there

15  is a delay in the receipt of their benefits.

16         (22)(3)  The Board of Regents shall establish rules to

17  waive any or all application, course registration, and related

18  fees for persons 60 years of age or older who are residents of

19  this state and who attend credit classes for credit.  No

20  academic credit shall be awarded for attendance in classes for

21  which fees are waived under this subsection.  This privilege

22  may be granted only on a space-available basis, if such

23  classes are not filled as of the close of registration.  A

24  university may limit or deny the privilege for courses which

25  are in programs for which the Board of Regents has established

26  selective admissions criteria.  Persons paying full fees and

27  state employees taking courses on a space-available basis

28  shall have priority over those persons whose fees are waived

29  in all cases where classroom spaces are limited.

30         (23)(4)  Students enrolled in a dual enrollment or

31  early admission program pursuant to s. 240.116 shall be exempt

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  1  from the payment of registration, matriculation, and

  2  laboratory fees. Students enrolled in accordance with this

  3  subsection may be calculated as the proportional shares of

  4  full-time equivalent enrollments each such student generates

  5  for state funding purposes.

  6         (24)(5)(a)  Any student for whom the state is paying a

  7  foster care board payment pursuant to s. 409.145(3) or parts

  8  II III and III V of chapter 39, for whom the permanency

  9  planning goal pursuant to part III V of chapter 39 is

10  long-term foster care or independent living, or who is adopted

11  from the Department of Children and Family Services after

12  December 31, 1997, shall be exempt from the payment of all

13  undergraduate fees, including fees associated with enrollment

14  in college-preparatory instruction or completion of

15  college-level communication and computation skills testing

16  programs.  Before a fee exemption can be given, the student

17  shall have applied for and been denied financial aid, pursuant

18  to s. 240.404, which would have provided, at a minimum,

19  payment of all undergraduate fees. Such exemption shall be

20  available to any student adopted from the Department of

21  Children and Family Services after December 31, 1997; however,

22  the exemption shall be valid for no more than 4 years after

23  the date of graduation from high school.

24         (b)  Any student qualifying for a fee exemption under

25  this subsection shall receive such an exemption for not more

26  than 4 consecutive years or 8 semesters unless the student is

27  participating in college-preparatory instruction or is

28  requiring additional time to complete the college-level

29  communication and computation skills testing programs.  Such a

30  student shall be eligible to receive a fee exemption for a

31  maximum of 5 consecutive years or 10 semesters.

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  1         (c)  As a condition for continued fee exemption, a

  2  student shall have earned a grade point average of at least

  3  2.0 on a 4.0 scale for the previous term, maintain at least an

  4  overall 2.0 average for college work, or have an average below

  5  2.0 for only the previous term and be eligible for continued

  6  enrollment in the institution.

  7         (6)  Each university may assess a service charge for

  8  the payment of tuition and fees in installments.  Such service

  9  charge must be approved by the Board of Regents.  The revenues

10  from such service charges shall be deposited into the

11  Incidental Trust Fund.

12         (25)(7)  Any graduate student enrolled in a

13  state-approved school psychology training program shall be

14  entitled to a waiver of registration fees for internship

15  credit hours applicable to an internship in the public school

16  system under the supervision of a Department of Education

17  certified school psychologist employed by the school system.

18         (26)(8)  The Board of Regents shall exempt one-half of

19  all registration tuition and course-related fees for certain

20  members of the active Florida National Guard pursuant to the

21  provisions of s. 250.10(8).

22         (27)(9)  The Board of Regents may establish rules to

23  allow for the waiver of registration and course-related fees

24  for participants in sponsored institutes and programs where

25  the direct costs are paid by the external sponsoring agency,

26  where there is no direct expenditure of educational and

27  general funds for the conduct of the programs, and where no

28  fees or other assessments are collected from students by the

29  sponsoring agency, the university, or any other entity.

30  out-of-state fees for nondegree-seeking students enrolled at

31  State University System institutions if the earned student

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  1  credit hours generated by such students are nonfundable and

  2  the direct cost for the program of study is recovered from the

  3  fees charged to all students.

  4         Section 5.  Paragraph (u) is added to subsection (4) of

  5  section 240.319, Florida Statutes, as amended by chapter

  6  97-383, Laws of Florida, to read:

  7         240.319  Community college district boards of trustees;

  8  duties and powers.--

  9         (4)  Such rules, procedures, and policies for the

10  boards of trustees include, but are not limited to, the

11  following:

12         (u)  Each board of trustees is authorized to establish

13  fee schedules for the following:  registration fees as defined

14  in s. 228.041; laboratory fees; safety and security fees;

15  parking fees and fines; library fees and fines; fees and fines

16  relating to facilities/equipment use or damage; access or

17  identification cards; duplicating, photocopying, binding, or

18  microfilming; standardized testing; diploma replacement;

19  transcript fees; application fees; graduation fees; and late

20  fees related to registration and payment. Such fees shall not

21  exceed the cost of the services provided and shall not be

22  charged to persons not receiving the service. Community

23  colleges are not authorized to charge any fee that is not

24  specifically authorized by statute.

25         Section 6.  Section 240.35, Florida Statutes, as

26  amended by chapter 97-383, Florida Statutes, is amended to

27  read:

28         240.35  Student fees.--Unless otherwise provided, the

29  provisions of this section apply only to fees charged for

30  college credit instruction leading to an associate degree,

31  including college-preparatory courses defined in s. 239.105.

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  1         (1)  The State Board of Community Colleges shall

  2  establish the matriculation and tuition and out-of-state fees

  3  for credit instruction which may be counted toward an

  4  associate degree.  This instruction includes advanced programs

  5  and professional programs.

  6         (2)(a)  Any student for whom the state is paying a

  7  foster care board payment pursuant to s. 409.145(3) or parts

  8  II III and III V of chapter 39, for whom the permanency

  9  planning goal pursuant to part III V of chapter 39 is

10  long-term foster care or independent living, or who is adopted

11  from the Department of Children and Family Services after

12  December 31, 1997, shall be exempt from the payment of all

13  undergraduate fees, including fees associated with enrollment

14  in college-preparatory instruction or completion of the

15  college-level communication and computation skills testing

16  program. Before a fee exemption can be given, the student

17  shall have applied for and been denied financial aid, pursuant

18  to s. 240.404, which would have provided, at a minimum,

19  payment of all student fees. Such exemption shall be available

20  to any student adopted from the Department of Children and

21  Family Services after December 31, 1997; however, the

22  exemption shall be valid for no more than 4 years after the

23  date of graduation from high school.

24         (b)  Any student qualifying for a fee exemption under

25  this subsection shall receive such an exemption for not more

26  than 2 consecutive years or 4 semesters, unless the student is

27  participating in college-preparatory instruction or requires

28  additional time to complete the college-level communication

29  and computation skills testing program.  Such a student is

30  eligible to receive a fee exemption for a maximum of 3

31  consecutive years or 6 semesters.

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  1         (c)  As a condition for continued fee exemption, a

  2  student shall earn a grade point average of at least 2.0 on a

  3  4.0 scale for the previous term, maintain at least an overall

  4  2.0 average for college work, or have an average below 2.0 for

  5  only the previous term and be eligible for continued

  6  enrollment in the institution.

  7         (3)  Students enrolled in dual enrollment and early

  8  admission programs under s. 240.116 and students enrolled in

  9  employment and training programs under the WAGES Program are

10  exempt from the payment of registration, matriculation, and

11  laboratory fees; however, such students may not be included

12  within calculations of fee-waived enrollments. The community

13  college shall assist a student under the WAGES Program in

14  obtaining financial aid as it would any other student. A

15  student under the WAGES Program may not be denied

16  participation in programs during the application process for

17  financial aid. If financial aid is denied, the local WAGES

18  coalition shall pay the community college for costs incurred

19  by that WAGES participant related to that person's classes or

20  program. Other fee-exempt instruction provided under this

21  subsection generates an additional one-fourth full-time

22  equivalent enrollment.

23         (4)(a)  Fees shall be waived for certain members of the

24  active Florida National Guard pursuant to s. 250.10(7)(8).

25         (b)  Community colleges may waive fees for any

26  fee-nonexempt student. A student whose fees are waived in

27  excess of the amount authorized annually in the General

28  Appropriations Act may not be included in calculations of

29  full-time equivalent enrollments for state funding purposes.

30  Any community college that waives fees and requests state

31  funding for a student in violation of the provisions of this

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  1  subsection shall be penalized at a rate equal to two times the

  2  value of the full-time equivalent student enrollment reported

  3  served.  Such penalty shall be charged against the following

  4  year's allocation from the Community College Program Fund.

  5         (5)  Subject to review and final approval by the State

  6  Board of Education, The State Board of Community Colleges

  7  shall adopt by December 31 of each year a resident fee

  8  schedule for the following fall for advanced and professional

  9  programs that produce revenues in the amount of 25 percent of

10  the full prior year's cost of these programs. However, the

11  board may not adopt an annual fee increase in any program for

12  resident students which exceeds 10 percent. In the absence of

13  a provision to the contrary in an appropriations act, the fee

14  schedule shall take effect and the colleges shall expend the

15  funds on instruction.  If the Legislature provides for an

16  alternative fee schedule calculation in an appropriations act,

17  the fee schedule shall take effect the subsequent fall

18  semester board shall establish a fee schedule that produces

19  the fee revenue established in the appropriations act based on

20  the assigned enrollment.

21         (6)  Each community college board of trustees shall

22  establish matriculation and tuition and out-of-state fees,

23  which may vary no more than 10 percent from the fee schedule

24  adopted by the State Board of Community Colleges.

25         (7)  The sum of nonresident student matriculation and

26  tuition and out-of-state fees must be sufficient to defray the

27  full cost of each program.  The annual fee increases for

28  nonresident students established by the board, in the absence

29  of legislative action to the contrary in an appropriations

30  act, may not exceed 25 percent.

31

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  1         (8)  The State Board of Community Colleges shall adopt

  2  a rule specifying the definitions and procedures to be used in

  3  the calculation of the percentage of cost paid by students.

  4  The rule must provide for the calculation of the full cost of

  5  educational programs based on the allocation of all funds

  6  provided through the general current fund to programs of

  7  instruction, and other activities as provided in the annual

  8  expenditure analysis.  The rule shall be developed in

  9  consultation with the Legislature.

10         (9)  Each community college district board of trustees

11  may establish a separate activity and service fee not to

12  exceed $4 per student credit hour 10 percent of the

13  matriculation fee, according to rules of the State Board of

14  Education.  The student activity and service fee shall be

15  collected as a component part of the registration and tuition

16  fees. The student activity and service fees shall be paid into

17  a student activity and service fund at the community college

18  and shall be expended for lawful purposes to benefit the

19  student body in general. These purposes include, but are not

20  limited to, student publications and grants to duly recognized

21  student organizations, the membership of which is open to all

22  students at the community college without regard to race, sex,

23  or religion.

24         (10)(a)  Each community college is authorized to

25  establish a separate fee collect for financial aid purposes

26  not to exceed $3 per credit hour. an additional amount up to,

27  but not to exceed, 5 percent of the total student tuition or

28  matriculation fees collected.  Each community college may

29  collect up to an additional 2 percent if the amount generated

30  by the total financial aid fee is less than $250,000.  If the

31  amount generated is less than $250,000, a community college

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  1  that charges tuition and matriculation fees at least equal to

  2  the average fees established by rule may transfer from the

  3  general current fund to the scholarship fund an amount equal

  4  to the difference between $250,000 and the amount generated by

  5  the total financial aid fee assessment.  No other transfer

  6  from the general current fund to the loan, endowment, or

  7  scholarship fund, by whatever name known, is authorized.

  8         (b)  All funds collected under this program shall be

  9  placed in the loan and endowment fund or scholarship fund of

10  the college, by whatever name known. Such funds shall be

11  disbursed to students as quickly as possible.  An amount not

12  greater than 40 percent of the fees collected in a fiscal year

13  may be carried forward unexpended to the following fiscal

14  year.  However, funds collected prior to July 1, 1989, and

15  placed in an endowment fund may not be considered part of the

16  balance of funds carried forward unexpended to the following

17  fiscal year.

18         (c)  Up to 25 percent or $250,000, whichever is

19  greater, of the financial aid fees collected may be used to

20  assist students who demonstrate academic merit, who

21  participate in athletics, public service, cultural arts, and

22  other extracurricular programs as determined by the

23  institution, or who are identified as members of a targeted

24  gender or ethnic minority population.  The financial aid fee

25  revenues allocated for athletic scholarships and fee

26  exemptions provided pursuant to subsection (14) for athletes

27  shall be distributed equitably as required by s.

28  228.2001(3)(d).  A minimum of 50 percent of the balance of

29  these funds shall be used to provide financial aid based on

30  absolute need, and the remainder of the funds shall be used

31  for academic merit purposes and other purposes approved by the

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  1  district boards of trustees.  Such other purposes shall

  2  include the payment of child care fees for students with

  3  financial need.  The State Board of Community Colleges shall

  4  develop criteria for making financial aid awards.  Each

  5  college shall report annually to the Department of Education

  6  on the criteria used to make awards, the amount and number of

  7  awards for each criterion, and a delineation of the

  8  distribution of such awards.  Awards which are based on

  9  financial need shall be distributed in accordance with a

10  nationally recognized system of need analysis approved by the

11  State Board of Community Colleges. An award for academic merit

12  shall require a minimum overall grade point average of 3.0 on

13  a 4.0 scale or the equivalent for both initial receipt of the

14  award and renewal of the award.

15         (d)  These funds may not be used for direct or indirect

16  administrative purposes or salaries.

17         (11)  Any community college that reports students who

18  have not paid fees in an approved manner in calculations of

19  full-time equivalent enrollments for state funding purposes

20  shall be penalized at a rate equal to two times the value of

21  such enrollments.  Such penalty shall be charged against the

22  following year's allocation from the Community College Program

23  Fund and shall revert to the General Revenue Fund.  The State

24  Board of Education shall specify, as necessary, by rule,

25  approved methods of student fee payment.  Such methods shall

26  include, but not be limited to, student fee payment; payment

27  through federal, state, or institutional financial aid; and

28  employer fee payments.  A community college may not charge any

29  fee except as authorized by law or rules of the State Board of

30  Education.

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  1         (12)  Each community college shall report only those

  2  students who have actually enrolled in instruction provided or

  3  supervised by instructional personnel under contract with the

  4  community college in calculations of actual full-time

  5  equivalent enrollments for state funding purposes.  No student

  6  who has been exempted from taking a course or who has been

  7  granted academic or vocational credit through means other than

  8  actual coursework completed at the granting institution shall

  9  be calculated for enrollment in the course from which he or

10  she has been exempted or granted credit. Community colleges

11  that report enrollments in violation of this subsection shall

12  be penalized at a rate equal to two times the value of such

13  enrollments.  Such penalty shall be charged against the

14  following year's allocation from the Community College Program

15  Fund and shall revert to the General Revenue Fund.

16         (13)  Each community college board of trustees may

17  establish a separate fee for capital improvements or equipping

18  student buildings which may not exceed $1 per credit hour or

19  credit-hour equivalent for residents and which equals or

20  exceeds $3 per credit hour for nonresidents.  Funds collected

21  by community colleges through these fees may be bonded only

22  for the purpose of financing or refinancing new construction

23  of educational facilities.  The fee shall be collected as a

24  component part of the registration and tuition fees, paid into

25  a separate account, and expended only to construct and equip,

26  maintain, improve, or enhance the educational facilities of

27  the community college.  Projects funded through the use of the

28  capital improvement fee shall meet the survey and construction

29  requirements of chapter 235.  Pursuant to s. 216.0158, each

30  community college shall identify each project, including

31  maintenance projects, proposed to be funded in whole or in

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  1  part by such fee. Capital improvement fee revenues may be

  2  pledged by a board of trustees as a dedicated revenue source

  3  to the repayment of debt, including lease-purchase agreements

  4  and revenue bonds, with a term not to exceed 20 years, only

  5  for the new construction of educational facilities. Community

  6  colleges may use the services of the Division of Bond Finance

  7  of the State Board of Administration to issue any bonds

  8  authorized through the provisions of this subsection. Any such

  9  bonds issued by the Division of Bond Finance shall be in

10  compliance with the provisions of the State Bond Act. Bonds

11  issued pursuant to the State Bond Act shall be validated in

12  the manner provided by chapter 75. The complaint for such

13  validation shall be filed in the circuit court of the county

14  where the seat of state government is situated, the notice

15  required to be published by s. 75.06 shall be published only

16  in the county where the complaint is filed, and the complaint

17  and order of the circuit court shall be served only on the

18  state attorney of the circuit in which the action is pending.

19  A maximum of 15 cents per credit hour may be allocated from

20  the capital improvement fee for child care centers conducted

21  by the community college.

22         (14)  Each community college is authorized to grant

23  student fee exemptions from all fees adopted by the State

24  Board of Community Colleges and the community college board of

25  trustees for up to 40 full-time equivalent students at each

26  institution.

27         (15)  Each community college district board of trustees

28  may establish a separate fee for technology not to exceed

29  $2.50 per credit hour.  The technology fee shall be collected

30  as a component part of the registration fees and may apply to

31  both college credit and vocational credit instruction.  The

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  1  initial fee, use of revenues from the technology fee, and any

  2  subsequent increases in the fee amount must be pursuant to a

  3  plan recommended by a technology fee committee.  At least

  4  one-half of the members of the committee must be students

  5  appointed by the student government association.  A chair,

  6  appointed jointly by the community college president and the

  7  student government association, shall vote only in the case of

  8  a tie.  The recommendations of the committee shall take effect

  9  only after approval of the community college president,

10  following consultation with the student government

11  association, with final approval by the board of trustees.  An

12  increase in the technology fee may occur only once each fiscal

13  year and must be implemented with the fall term.

14         Section 7.  Paragraphs (a) and (b) of subsection (7) of

15  section 240.551, Florida Statutes, are amended to read:

16         240.551  Florida Prepaid Postsecondary Education

17  Expense Program.--

18         (7)  At a minimum, the board shall make advance payment

19  contracts available for two independent plans to be known as

20  the community college plan and the university plan. The board

21  may also make advance payment contracts available for a

22  dormitory residence plan.

23         (a)  Through the community college plan, the advance

24  payment contract shall provide prepaid registration fees for a

25  specified number of undergraduate semester credit hours not to

26  exceed the average number of hours required for the conference

27  of an associate degree.  The cost of participation in the

28  community college plan shall be based primarily on the average

29  current and projected registration fees within the State

30  Community College System and the number of years expected to

31  elapse between the purchase of the plan on behalf of a

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  1  qualified beneficiary and the exercise of the benefits

  2  provided in the plan by such beneficiary. Qualified

  3  beneficiaries shall bear the cost of any laboratory fees

  4  associated with enrollment in specific courses.  Each

  5  qualified beneficiary shall be classified as a resident for

  6  tuition purposes pursuant to s. 240.1201 regardless of his or

  7  her actual legal residence. Effective July 1, 1998, the board

  8  may provide advance payment contracts for local fees and

  9  technology fees, not to exceed the average number of hours

10  required for the conference of an associate degree, in

11  conjunction with advance payment contracts for registration

12  fees.  The cost of purchasing such fees shall be based

13  primarily on the average current and projected fees within the

14  State Community College System and the number of years

15  expected to elapse between the purchase of the plan on behalf

16  of the beneficiary and the exercise of benefits provided in

17  the plan by such beneficiary.  Community college contracts

18  purchased prior to July 1, 1998, shall be limited to the

19  payment of registration fees as defined in subsection (2).

20         (b)  Through the university plan, the advance payment

21  contract shall provide prepaid registration fees for a

22  specified number of undergraduate semester credit hours not to

23  exceed the average number of hours required for the conference

24  of a baccalaureate degree.  The cost of participation in the

25  university plan shall be based primarily on the current and

26  projected registration fees within the State University System

27  and the number of years expected to elapse between the

28  purchase of the plan on behalf of a qualified beneficiary and

29  the exercise of the benefits provided in the plan by such

30  beneficiary.  Qualified beneficiaries shall bear the cost of

31  any laboratory fees associated with enrollment in specific

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  1  courses.  In the event that a qualified beneficiary fails to

  2  be admitted to a state university or chooses to attend a

  3  community college, the qualified beneficiary may convert the

  4  average number of semester credit hours required for the

  5  conference of an associate degree from a university plan to a

  6  community college plan and may retain the remaining semester

  7  credit hours in the university plan or may request a refund

  8  for prepaid credit hours in excess of the average number of

  9  semester credit hours required for the conference of an

10  associate degree pursuant to subparagraph (6)(a)7.  Each

11  qualified beneficiary shall be classified as a resident for

12  tuition purposes pursuant to s. 240.1201 regardless of his or

13  her actual legal residence. Effective July 1, 1998, the board

14  may provide advance payment contracts for local fees and

15  technology fees for a specified number of undergraduate

16  semester credit hours, not to exceed the average number of

17  hours required for the conference of a baccalaureate degree,

18  in conjunction with advance payment contracts for registration

19  fees.  The costs of purchasing such fees shall be based

20  primarily on the average current and projected cost of these

21  fees within the State University System and the number of

22  years expected to elapse between the purchase of the plan on

23  behalf of the qualified beneficiary and the exercise of the

24  benefits provided in the plan by such beneficiary.  University

25  plan contracts purchased prior to July 1, 1998, shall be

26  limited to the payment of registration fees as defined in

27  subsection (2).

28         Section 8.  Subsection (3) of section 240.4042, Florida

29  Statutes, is amended to read:

30         240.4042  Financial aid appeal process.--

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  1         (3)  A student involved in a financial aid appeal

  2  proceeding is eligible for a deferral of registration and fee

  3  payments pursuant to s. 240.235(21)(2).

  4         Section 9.  Subsection (5) of section 240.531, Florida

  5  Statutes, is amended to read:

  6         240.531  Establishment of educational research centers

  7  for child development.--

  8         (5)  Each educational research center for child

  9  development shall be funded by a portion of the Capital

10  Improvement Trust Fund fee established by the Board of Regents

11  pursuant to s. 240.235(8) 240.209(3)(h).  Each university

12  which establishes a center shall receive a portion of such

13  fees collected from the students enrolled at that university,

14  usable only at that university, equal to 22.5 cents per

15  student per credit hour taken per term, based on the summer

16  term and fall and spring semesters. This allocation shall be

17  used by the university only for the establishment and

18  operation of a center as provided by this section and rules

19  promulgated hereunder.  Said allocation may be made only after

20  all bond obligations required to be paid from such fees have

21  been met.

22         Section 10.  Paragraph (b) of subsection (7) and

23  subsection (8) of section 250.10, Florida Statutes, are

24  amended to read:

25         250.10  Appointment and duties of the Adjutant

26  General.--

27         (7)  The Adjutant General and representatives of the

28  Board of Regents, the State Board of Community Colleges, and

29  the State Board of Education shall design and develop a

30  tuition assistance program for members in good standing of the

31  active Florida National Guard who enroll in a public

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  1  institution of higher learning in the state in accordance with

  2  the provisions of subsection (8).

  3         (b)  The program shall include, but not be limited to,

  4  the following penalties:

  5         1.  When a member of the active Florida National Guard

  6  receives an exemption from registration tuition and

  7  course-related fees for any academic term and fails to

  8  maintain satisfactory participation in the Florida National

  9  Guard during such academic term, the exemption shall

10  immediately be forfeited and the member shall be required to

11  pay to the institution all registration tuition charges and

12  course-related student fees for the current academic term for

13  which the exemption has been granted.

14         2.  When a member of the active Florida National Guard

15  leaves the Florida National Guard during the 3-year period

16  such member had agreed to serve after completing the courses

17  for which exemptions were granted, the member shall be

18  required to reimburse the state for all registration tuition

19  charges and course-related student fees for which such member

20  received exemptions, unless the Adjutant General determines

21  there are justifiable extenuating circumstances.

22         3.  If the service of a member of the active Florida

23  National Guard is terminated or the member is placed on

24  scholastic probation while receiving exemption benefits, the

25  exemption shall be immediately forfeited and the member shall

26  pay to the institution all registration tuition charges and

27  course-related student fees for the current academic term for

28  which the member has received an exemption.

29         (8)  The Department of Military Affairs is authorized

30  to administer an educational tuition assistance program for

31

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  1  members of the Florida National Guard who qualify pursuant to

  2  subsection (7).

  3         (a)  Members of the Florida National Guard as of June

  4  30, 1997, shall be exempt from payment of one-half of

  5  registration tuition and course-related fees subject to the

  6  following limitations:

  7         1.  Participation in the program shall not exceed a

  8  period of 10 years from the date of enrollment in the tuition

  9  assistance program, or shall continue until graduation or

10  termination of the full-time or part-time student, whichever

11  occurs earlier.

12         2.  Florida National Guard members shall be admitted on

13  a space-available basis.

14         (b)  Notwithstanding paragraph (a) and subject to

15  appropriations, the Department of Military Affairs may pay the

16  full cost of registration tuition and course-related fees for

17  required courses for members of the Florida National Guard who

18  were members as of June 30, 1997, if a member is unable to

19  obtain admittance on a space-available basis and, at least on

20  one previous occasion, the member was denied admission to the

21  required course.

22         (c)  Subject to appropriations, the Department of

23  Military Affairs may pay the full cost of registration tuition

24  and course-related fees for required courses for members of

25  the Florida National Guard who enlist after June 30, 1997.

26         Section 11.  In editing manuscript for the next edition

27  of the official Florida Statutes, the Division of Statutory

28  Revision of the Joint Legislative Management Committee, or its

29  successor, in furtherance of the intent of this act and unless

30  the context indicates otherwise, shall revise the following

31  terminology wherever it appears in statute:  "matriculation

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  1  fee" shall become "tuition" and "tuition" shall become

  2  "out-of-state fee."

  3         Section 12.  This act shall take effect July 1, 1998.

  4

  5            *****************************************

  6                          HOUSE SUMMARY

  7
      Revises provisions relating to postsecondary student fees
  8    to clarify and conform terminology, transfer provisions,
      authorize the establishment of certain fees, and specify
  9    certain fee requirements. See bill for details.

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