Senate Bill 1288er

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  1

  2         An act relating to education; amending s.

  3         239.117, F.S.; revising requirements regarding

  4         fee schedules for workforce development

  5         education; amending s. 240.311, F.S.;

  6         authorizing the State Board of Community

  7         Colleges to develop and produce certain work

  8         products related to distance learning;

  9         authorizing fees for such materials for

10         purposes of educational use; requiring annual

11         postaudits; requiring the adoption of rules;

12         requiring the submission of a report; amending

13         s. 239.117, F.S.; revising provisions relating

14         to financial aid fees for workforce development

15         programs; specifying authorized fees for

16         workforce development programs; providing for

17         parking fees and technology fees to be pledged

18         as dedicated funding sources for the repayment

19         of debt; amending s. 240.319, F.S.; providing

20         requirements for lease-purchase agreements;

21         correcting cross references; amending s.

22         240.35, F.S.; revising requirements regarding

23         fee schedules, matriculation and tuition fees,

24         financial aid fees, and technology fees;

25         specifying fees authorized to be established by

26         community college boards of trustees; requiring

27         the State Board of Community Colleges to submit

28         an annual report to the Legislature; providing

29         an effective date.

30

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


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  1         Section 1.  Subsections (6) and (7) of section 239.117,

  2  Florida Statutes, 1998 Supplement, are amended to read:

  3         239.117  Postsecondary student fees.--

  4         (6)(a)  The Commissioner of Education shall provide to

  5  the State Board of Education no later than December 31 of each

  6  year a schedule of fees for workforce development education,

  7  excluding continuing workforce education, for school districts

  8  and community colleges. The fee schedule shall be based on the

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

10  prior year's average cost of a course of study leading to a

11  certificate or diploma and 50 percent of the prior year's cost

12  of a continuing workforce education course. At the discretion

13  of a school board or a community college, this fee schedule

14  may be implemented over a 3-year period, with full

15  implementation in the 1999-2000 school year. In years

16  preceding that year, if fee increases are necessary for some

17  programs or courses, the fees shall be raised in increments

18  designed to lessen their impact upon students already

19  enrolled. Fees for students who are not residents for tuition

20  purposes must offset the full cost of instruction.

21  Fee-nonexempt students enrolled in vocational-preparatory

22  instruction shall be charged fees equal to the fees charged

23  for certificate career education instruction. Each community

24  college that conducts college-preparatory and

25  vocational-preparatory instruction in the same class section

26  may charge a single fee for both types of instruction.

27         (b)  Fees for continuing workforce education shall be

28  locally determined by the school board or community college.

29  However, at least 50 percent of the expenditures for the

30  continuing workforce education program provided by the

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  1  community college or school district must be derived from

  2  fees.

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

  4  schedule for school districts that produces the fee revenues

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

  6  calculated shall take effect, unless otherwise specified in

  7  the General Appropriations Act.

  8         (d)(c)  The State Board of Education shall adopt, by

  9  rule, the definitions and procedures that school boards shall

10  use in the calculation of cost borne by students.

11         (7)  Each year the State Board of Community Colleges

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

13  programs and certificate career education programs supported

14  through student fees.  For students who are residents for

15  tuition purposes, the schedule so adopted must produce

16  revenues equal to 25 percent of the prior year's average

17  program cost for college-preparatory and certificate-level

18  workforce development programs and 50 percent of the prior

19  year's program cost for student enrollment in continuing

20  workforce education. Fees for continuing workforce education

21  shall be locally determined by the school board or community

22  college. However, at least 50 percent of the expenditures for

23  the continuing workforce education program provided by the

24  community college or school district must be derived from

25  fees. Fees for students who are not residents for tuition

26  purposes must offset the full cost of instruction.

27         Section 2.  Subsection (8) is added to section 240.311,

28  Florida Statutes, 1998 Supplement, to read:

29         240.311  State Board of Community Colleges; powers and

30  duties.--

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  1         (8)(a)  The State Board of Community Colleges is

  2  authorized to develop and produce work products which relate

  3  to mechanisms to provide for consolidated and coordinated

  4  program development and educational endeavors to support

  5  distance learning instruction which are subject to trademark,

  6  copyright, or patent statutes.  To this end, the board shall

  7  consider the relative contribution by the personnel employed

  8  in the development of such work products and shall enter into

  9  binding agreements with such personnel, organizations,

10  corporations, or government entities, which agreements shall

11  establish the percentage of ownership of such trademarks,

12  copyrights, or patents.  Any other law to the contrary

13  notwithstanding, the board is authorized in its own name to:

14         1.  Perform all things necessary to secure letters of

15  patent, copyrights, and trademarks on any such work products

16  and to enforce its rights therein.

17         2.  License, lease, assign, or otherwise give written

18  consent to any person, firm, or corporation for the

19  manufacture or use thereof on a royalty basis or for such

20  other consideration as the board deems proper.

21         3.  Take any action necessary, including legal action,

22  to protect the same against improper or unlawful use or

23  infringement.

24         4.  Enforce the collection of any sums due the board

25  for the manufacture or use thereof by any other party.

26         5.  Sell any such work products and execute all

27  instruments necessary to consummate any such sale.

28         6.  Perform all other acts necessary and proper for the

29  execution of powers and duties provided by this paragraph.

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  1  Any proceeds therefrom shall be deposited and expended by a

  2  Florida not-for-profit corporation, incorporated under the

  3  provisions of chapter 617 and approved by the Department of

  4  State, to be used as directed by the board to pay the cost of

  5  producing and disseminating educational materials and products

  6  to carry out the intent of this act.  Any action taken by the

  7  board in securing or exploiting such trademarks, copyrights,

  8  or patents shall, within 30 days, be reported by the board to

  9  the Department of State.

10         (b)  The board is authorized to publish, produce, or

11  have produced materials and products and shall make them

12  readily available for appropriate use in the state system of

13  education. The board is authorized to charge an amount

14  adequate to cover the essential cost of producing and

15  disseminating such materials and products in the state system

16  of education and is authorized to sell copies for educational

17  use to nonpublic schools in the state and to the public.

18         (c)  Any Florida not-for-profit corporation receiving

19  funds pursuant to this section shall make provisions for an

20  annual postaudit of its financial accounts to be conducted by

21  an independent certified public accountant in accordance with

22  rules to be adopted by the board.  The annual audit report

23  shall be submitted to the Auditor General and the board for

24  review.  The board and the Auditor General shall have the

25  authority to require and receive from the organization or from

26  its independent auditor any detail or supplemental data

27  relative to the operation of the organization.

28         Section 3.  Subsections (8), (9), and (16) of section

29  239.117, Florida Statutes, 1998 Supplement, are amended,

30  subsections (10) through (15) of said section are renumbered

31  as subsections (9) through (14), respectively, subsection (17)


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  1  is renumbered as subsection (15), and new subsections (16),

  2  (17), and (18) are added to said section, to read:

  3         239.117  Workforce development postsecondary student

  4  fees.--

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

  6  trustees may establish a separate fee collect, for financial

  7  aid purposes in, up to an additional amount of up to 10

  8  percent of the student fees collected for workforce

  9  development programs funded through the Workforce Development

10  Education Fund.  All fees collected shall be deposited into a

11  separate workforce development student financial aid fee trust

12  fund of the district or community college to support students

13  enrolled in workforce development programs. Any undisbursed

14  balance remaining in the trust fund and interest income

15  accruing to investments from the trust fund shall increase the

16  total funds available for distribution to workforce

17  development education students.  Awards shall be based on

18  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         (16)  School boards and community college boards of

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

28  postsecondary students enrolled in certificate career

29  education or supplemental courses.

30         (16)  Community colleges and district school boards are

31  not authorized to charge students enrolled in workforce


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  1  development programs any fee that is not specifically

  2  authorized by statute. In addition to matriculation, tuition,

  3  financial aid, capital improvement, and technology fees, as

  4  authorized in this section, community colleges and district

  5  school boards are authorized to establish fee schedules for

  6  the following user fees and fines: laboratory fees; parking

  7  fees and fines; library fees and fines; fees and fines

  8  relating to facilities and equipment use or damage; access or

  9  identification card fees; duplicating, photocopying, binding,

10  or microfilming fees; standardized testing fees; diploma

11  replacement fees; transcript fees; application fees;

12  graduation fees; and late fees related to registration and

13  payment. Such user fees and fines shall not exceed the cost of

14  the services provided and shall only be charged to persons

15  receiving the service. Parking fee revenues may be pledged by

16  a community college board of trustees as a dedicated revenue

17  source for the repayment of debt, including lease-purchase

18  agreements and revenue bonds with terms not exceeding 20 years

19  and not exceeding the useful life of the asset being financed.

20  Community colleges shall use the services of the Division of

21  Bond Finance of the State Board of Administration to issue any

22  revenue bonds authorized by the provisions of this subsection.

23  Any such bonds issued by the Division of Bond Finance shall be

24  in compliance with the provisions of the State Bond Act. Bonds

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

26  the manner established in chapter 75. The complaint for such

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

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

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

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

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

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

  3         (17)  Each district school board and community college

  4  district board of trustees is authorized to establish specific

  5  fees for workforce development instruction not reported for

  6  state funding purposes or for workforce development

  7  instruction not reported as state funded full-time equivalent

  8  students. District school boards and district boards of

  9  trustees are not required to charge any other fee specified in

10  this section for this type of instruction.

11         (18)  Each district school board and community college

12  district board of trustees is authorized to establish a

13  separate fee for technology, not to exceed $1.80 per credit

14  hour or credit-hour equivalent for resident students and not

15  more than $5.40 per credit hour or credit-hour equivalent for

16  nonresident students, or the equivalent, to be expended in

17  accordance with technology improvement plans. The technology

18  fee may apply only to associate degree programs and courses.

19  Fifty percent of technology fee revenues may be pledged by a

20  community college board of trustees as a dedicated revenue

21  source for the repayment of debt, including lease-purchase

22  agreements, not to exceed the useful life of the asset being

23  financed. Revenues generated from the technology fee may not

24  be bonded.

25         Section 4.  Paragraph (t) of subsection (4) of section

26  240.319, Florida Statutes, 1998 Supplement, is amended to

27  read:

28         240.319  Community college district boards of trustees;

29  duties and powers.--

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

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

  3  following:

  4         (t)  Each board of trustees is authorized to borrow

  5  funds and incur debt, including entering into lease-purchase

  6  agreements and the issuance of revenue bonds as specifically

  7  authorized and only for the purposes authorized in ss.

  8  239.117(15) and (16)(17) and 240.35(14) and (15)(13), only for

  9  the new construction and equipment, renovation, or remodeling

10  of educational facilities. At the option of the board of

11  trustees, bonds may be issued which are secured by a

12  combination of revenues authorized to be pledged to bonds

13  pursuant to ss. 239.117(15)(17) and 240.35(14)(13) or ss.

14  239.117(16) and 240.35(15). Lease-purchase agreements may be

15  secured by a combination of revenues as specifically

16  authorized pursuant to ss. 239.117(18) and 240.35(16).

17         Section 5.  Subsections (6) and (7), and paragraphs (a)

18  and (c) of subsection (11) of section 240.35, Florida

19  Statutes, 1998 Supplement, are amended, subsection (15) is

20  renumbered as subsection (17), and new subsections (15) and

21  (16) are added to said section, to read:

22         240.35  Student fees.--Unless otherwise provided, the

23  provisions of this section apply only to fees charged for

24  college credit instruction leading to an associate in arts

25  degree, an associate in applied science degree, or an

26  associate in science degree and noncollege credit

27  college-preparatory courses defined in s. 239.105.

28         (6)  Subject to review and final approval by the State

29  Board of Education, The State Board of Community Colleges

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

31  schedule for the following fall for advanced and professional,


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  1  associate in science degree, and college-preparatory programs

  2  that produce revenues in the amount of 25 percent of the full

  3  prior year's cost of these programs. However, the board may

  4  not adopt an annual fee increase in any program for resident

  5  students which exceeds 10 percent. Fees for courses in

  6  college-preparatory programs and associate in arts and

  7  associate in science degree programs may be established at the

  8  same level. In the absence of a provision to the contrary in

  9  an appropriations act, the fee schedule shall take effect and

10  the colleges shall expend the funds on instruction.  If the

11  Legislature provides for an alternative fee schedule

12  calculation in an appropriations act, the fee schedule shall

13  take effect the subsequent fall semester board shall establish

14  a fee schedule that produces the fee revenue established in

15  the appropriations act based on the assigned enrollment.

16         (7)  Each community college board of trustees shall

17  establish matriculation and tuition fees, which may vary no

18  more than 10 percent below and 15 percent above from the fee

19  schedule adopted by the State Board of Community Colleges,

20  provided that any amount from 10 to 15 percent above the fee

21  schedule is used only to support safety and security purposes.

22  In order to assess an additional amount for safety and

23  security purposes, a community college board of trustees must

24  provide written justification to the State Board of Community

25  Colleges based on criteria approved by the local board of

26  trustees, including but not limited to criteria such as local

27  crime data and information, and strategies for the

28  implementation of local safety plans.  For 1999-2000, each

29  community college is authorized to increase the sum of the

30  matriculation fee and technology fee by not more than 5

31  percent of the sum of the matriculation and local safety and


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  1  security fees in 1998-1999.  However, no fee in 1999-2000

  2  shall exceed the prescribed statutory limit.  Should a college

  3  decide to increase the matriculation fee, the funds raised by

  4  increasing the matriculation fee must be expended solely for

  5  additional safety and security purposes and shall not supplant

  6  funding expended in the 1998-1999 budget for safety and

  7  security purposes.

  8         (11)(a)  Each community college is authorized to

  9  establish a separate fee collect for financial aid purposes in

10  an additional amount up to, but not to exceed, 5 percent of

11  the total student tuition or matriculation fees collected.

12  Each community college may collect up to an additional 2

13  percent if the amount generated by the total financial aid fee

14  is less than $250,000.  If the amount generated is less than

15  $250,000, a community college that charges tuition and

16  matriculation fees at least equal to the average fees

17  established by rule may transfer from the general current fund

18  to the scholarship fund an amount equal to the difference

19  between $250,000 and the amount generated by the total

20  financial aid fee assessment.  No other transfer from the

21  general current fund to the loan, endowment, or scholarship

22  fund, by whatever name known, is authorized.

23         (c)  Up to 25 percent or $300,000, whichever is

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

25  assist students who demonstrate academic merit; who

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

27  other extracurricular programs as determined by the

28  institution; or who are identified as members of a targeted

29  gender or ethnic minority population.  The financial aid fee

30  revenues allocated for athletic scholarships and fee

31  exemptions provided pursuant to subsection (17) (15) for


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  1  athletes shall be distributed equitably as required by s.

  2  228.2001(3)(d).  A minimum of 50 percent of the balance of

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

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

  5  for academic merit purposes and other purposes approved by the

  6  district boards of trustees.  Such other purposes shall

  7  include the payment of child care fees for students with

  8  financial need.  The State Board of Community Colleges shall

  9  develop criteria for making financial aid awards.  Each

10  college shall report annually to the Department of Education

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

12  awards for each criterion, and a delineation of the

13  distribution of such awards.  Awards which are based on

14  financial need shall be distributed in accordance with a

15  nationally recognized system of need analysis approved by the

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

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

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

19  award and renewal of the award.

20         (15)  In addition to matriculation, tuition, financial

21  aid, capital improvement, student activity and service, and

22  technology fees authorized in this section, each board of

23  trustees is authorized to establish fee schedules for the

24  following user fees and fines: laboratory fees; parking fees

25  and fines; library fees and fines; fees and fines relating to

26  facilities and equipment use or damage; access or

27  identification card fees; duplicating, photocopying, binding,

28  or microfilming fees; standardized testing fees; diploma

29  replacement fees; transcript fees; application fees;

30  graduation fees; and late fees related to registration and

31  payment. Such user fees and fines shall not exceed the cost of


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  1  the services provided and shall only be charged to persons

  2  receiving the service. Community colleges are not authorized

  3  to charge any fee that is not specifically authorized by

  4  statute. Parking fee revenues may be pledged by a community

  5  college board of trustees as a dedicated revenue source for

  6  the repayment of debt, including lease-purchase agreements and

  7  revenue bonds with terms not exceeding 20 years and not

  8  exceeding the useful life of the asset being financed.

  9  Community colleges shall use the services of the Division of

10  Bond Finance of the State Board of Administration to issue any

11  revenue bonds authorized by the provisions of this subsection.

12  Any such bonds issued by the Division of Bond Finance shall be

13  in compliance with the provisions of the State Bond Act. Bonds

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

15  the manner established in chapter 75. The complaint for such

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

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

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

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

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

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

22         (16)  Each community college district board of trustees

23  is authorized to establish a separate fee for technology,

24  which may not exceed $1.80 per credit hour or credit-hour

25  equivalent for resident students and not more than $5.40 per

26  credit hour or credit-hour equivalent for nonresident

27  students, to be expended according to technology improvement

28  plans. The technology fee may apply to both college credit and

29  college-preparatory instruction. Fifty percent of technology

30  fee revenues may be pledged by a community college board of

31  trustees as a dedicated revenue source for the repayment of


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  1  debt, including lease-purchase agreements, not to exceed the

  2  useful life of the asset being financed. Revenues generated

  3  from the technology fee may not be bonded.

  4         Section 6.  By December 31, 1999, and annually

  5  thereafter, the State Board of Community Colleges shall report

  6  on the implementation of this act to the Speaker of the House

  7  of Representatives and the President of the Senate.

  8         Section 7.  This act shall take effect July 1, 1999.

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