House Bill 1697

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    Florida House of Representatives - 1999                HB 1697

        By Representative Betancourt






  1                      A bill to be entitled

  2         An act relating to postsecondary student fees;

  3         amending s. 239.117, F.S.; revising provisions

  4         relating to financial aid fees for workforce

  5         development programs; specifying authorized

  6         fees for workforce development programs;

  7         amending s. 240.319, F.S.; correcting cross

  8         references; specifying fees authorized to be

  9         established by community college boards of

10         trustees; amending s. 240.35, F.S.; revising

11         requirements regarding fee schedules,

12         matriculation and tuition fees, financial aid

13         fees, and capital improvement and technology

14         fees; providing an effective date.

15

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

17

18         Section 1.  Subsections (8), (9), and (16) of section

19  239.117, Florida Statutes, 1998 Supplement, are amended,

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

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

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

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

24         239.117  Workforce development postsecondary student

25  fees.--

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

27  trustees may establish a separate fee collect, for financial

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

29  percent of the student fees collected for workforce

30  development programs funded through the Workforce Development

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

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    Florida House of Representatives - 1999                HB 1697

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  1  separate workforce development student financial aid fee trust

  2  fund of the district or community college to support students

  3  enrolled in workforce development programs. Any undisbursed

  4  balance remaining in the trust fund and interest income

  5  accruing to investments from the trust fund shall increase the

  6  total funds available for distribution to workforce

  7  development education students.  Awards shall be based on

  8  student financial need and distributed in accordance with a

  9  nationally recognized system of need analysis approved by the

10  State Board for Career Education.  Fees collected pursuant to

11  this subsection shall be allocated in an expeditious manner.

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

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

14  rule of the State Board of Education or the State Board of

15  Community Colleges.

16         (16)  School boards and community college boards of

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

18  postsecondary students enrolled in certificate career

19  education or supplemental courses.

20         (16)  Community colleges and district school boards are

21  not authorized to charge students enrolled in workforce

22  development programs any fee that is not specifically

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

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

25  authorized in this section, community colleges and district

26  school boards are authorized to establish fee schedules for

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

28  fees and fines; library fees and fines; fees and fines

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

30  identification card fees; duplicating, photocopying, binding,

31  or microfilming fees; standardized testing fees; diploma

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    Florida House of Representatives - 1999                HB 1697

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  1  replacement fees; transcript fees; application fees;

  2  graduation fees; and late fees related to registration and

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

  4  the services provided and shall only be charged to persons

  5  receiving the service.

  6         (17)  Each district school board and community college

  7  district board of trustees is authorized to establish specific

  8  fees for workforce development instruction not reported for

  9  state funding purposes or for workforce development

10  instruction not reported as state funded full-time equivalent

11  students. District school boards and district boards of

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

13  this section for this type of instruction.

14         (18)  Each district school board and community college

15  district board of trustees is authorized to establish a

16  separate fee for technology, not to exceed 5 percent of the

17  matriculation fee for resident students, and not more than 5

18  percent of the matriculation and tuition fee for nonresident

19  students, or the equivalent, to support implementation of

20  technology improvement plans. The technology fee may apply to

21  both college credit and vocational credit instruction.

22         Section 2.  Paragraph (t) of subsection (4) of section

23  240.319, Florida Statutes, 1998 Supplement, is amended, and

24  paragraph (y) is added to said subsection, to read:

25         240.319  Community college district boards of trustees;

26  duties and powers.--

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

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

29  following:

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

31  funds and incur debt, including the issuance of revenue bonds

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    Florida House of Representatives - 1999                HB 1697

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  1  as specifically authorized in ss. 239.117(15)(17) and

  2  240.35(14)(13), only for the new construction and equipment,

  3  renovation, or remodeling of educational facilities. At the

  4  option of the board of trustees, bonds may be issued which are

  5  secured by a combination of revenues authorized to be pledged

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

  7         (y)  In addition to matriculation, tuition, financial

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

  9  technology fees authorized in s. 240.35, each board of

10  trustees is authorized to establish fee schedules for the

11  following user fees and fines; laboratory fees; parking fees

12  and fines; library fees and fines; fees and fines relating to

13  facilities and equipment use or damage; access or

14  identification card fees; duplicating, photocopying, binding,

15  or microfilming fees; standardized testing fees; diploma

16  replacement fees; transcript fees; application fees;

17  graduation fees; and late fees related to registration and

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

19  the services provided and shall only be charged to persons

20  receiving the service. Community colleges are not authorized

21  to charge any fee that is not specifically authorized by

22  statute.

23         Section 3.  Subsections (6), (7), and (14), and

24  paragraphs (a) and (c) of subsection (11) of section 240.35,

25  Florida Statutes, 1998 Supplement, are amended, and subsection

26  (16) is added to said section, to read:

27         240.35  Student fees.--Unless otherwise provided, the

28  provisions of this section apply only to fees charged for

29  college credit instruction leading to an associate in arts

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

31

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    Florida House of Representatives - 1999                HB 1697

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  1  associate in science degree and noncollege credit

  2  college-preparatory courses defined in s. 239.105.

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

  4  Board of Education, The State Board of Community Colleges

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

  6  schedule for the following fall for advanced and professional,

  7  associate in science degree, and college-preparatory programs

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

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

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

11  students which exceeds 10 percent. Fees for courses in

12  college-preparatory programs and associate in arts and

13  associate in science degree programs may be established at the

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

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

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

17  Legislature provides for an alternative fee schedule

18  calculation in an appropriations act, the fee schedule shall

19  take effect the subsequent fall semester board shall establish

20  a fee schedule that produces the fee revenue established in

21  the appropriations act based on the assigned enrollment.

22         (7)  Each community college board of trustees shall

23  establish matriculation and tuition fees, which may vary no

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

25  schedule adopted by the State Board of Community Colleges,

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

27  schedule is used only to support safety and security

28  improvements.

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

30  establish a separate fee collect for financial aid purposes in

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

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    Florida House of Representatives - 1999                HB 1697

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  1  the total student tuition or matriculation fees collected.

  2  Each community college may collect up to an additional 2

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

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

  5  $250,000, a community college that charges tuition and

  6  matriculation fees at least equal to the average fees

  7  established by rule may transfer from the general current fund

  8  to the scholarship fund an amount equal to the difference

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

10  financial aid fee assessment.  No other transfer from the

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

12  fund, by whatever name known, is authorized.

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

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

15  assist students who demonstrate academic merit; who

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

17  other extracurricular programs as determined by the

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

19  gender or ethnic minority population.  The financial aid fee

20  revenues allocated for athletic scholarships and fee

21  exemptions provided pursuant to subsection (15) for athletes

22  shall be distributed equitably as required by s.

23  228.2001(3)(d).  A minimum of 50 percent of the balance of

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

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

26  for academic merit purposes and other purposes approved by the

27  district boards of trustees.  Such other purposes shall

28  include the payment of child care fees for students with

29  financial need.  The State Board of Community Colleges shall

30  develop criteria for making financial aid awards.  Each

31  college shall report annually to the Department of Education

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    Florida House of Representatives - 1999                HB 1697

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

  2  awards for each criterion, and a delineation of the

  3  distribution of such awards.  Awards which are based on

  4  financial need shall be distributed in accordance with a

  5  nationally recognized system of need analysis approved by the

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

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

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

  9  award and renewal of the award.

10         (14)  Each community college board of trustees may

11  establish a separate fee for capital improvements, technology

12  enhancements, or equipping student buildings which may not

13  exceed 5 percent of the matriculation fee for resident

14  students or 5 percent of the matriculation and tuition fee for

15  nonresident students $1 per credit hour or credit-hour

16  equivalent for residents and which equals or exceeds $3 per

17  credit hour for nonresidents.  Funds collected by community

18  colleges through these fees may be bonded only for the purpose

19  of financing or refinancing new construction and equipment,

20  renovation, or remodeling of educational facilities. The fee

21  shall be collected as a component part of the registration and

22  tuition fees, paid into a separate account, and expended only

23  to construct and equip, maintain, improve, or enhance the

24  educational facilities of the community college. Projects

25  funded through the use of the capital improvement fee shall

26  meet the survey and construction requirements of chapter 235.

27  Pursuant to s. 216.0158, each community college shall identify

28  each project, including maintenance projects, proposed to be

29  funded in whole or in part by such fee. Capital improvement

30  fee revenues may be pledged by a board of trustees as a

31  dedicated revenue source to the repayment of debt, including

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    Florida House of Representatives - 1999                HB 1697

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  1  lease-purchase agreements and revenue bonds, with a term not

  2  to exceed 20 years, and not to exceed the useful life of the

  3  asset being financed, only for the new construction and

  4  equipment, renovation, or remodeling of educational

  5  facilities. Community colleges may use the services of the

  6  Division of Bond Finance of the State Board of Administration

  7  to issue any bonds authorized through the provisions of this

  8  subsection. Any such bonds issued by the Division of Bond

  9  Finance shall be in compliance with the provisions of the

10  State Bond Act. Bonds issued pursuant to the State Bond Act

11  shall be validated in the manner provided by chapter 75. The

12  complaint for such validation shall be filed in the circuit

13  court of the county where the seat of state government is

14  situated, the notice required to be published by s. 75.06

15  shall be published only in the county where the complaint is

16  filed, and the complaint and order of the circuit court shall

17  be served only on the state attorney of the circuit in which

18  the action is pending. A maximum of 15 cents per credit hour

19  may be allocated from the capital improvement fee for child

20  care centers conducted by the community college.

21         (16)  Each community college district board of trustees

22  is authorized to establish a separate fee for technology,

23  which may not exceed 5 percent of the matriculation fee for

24  resident students or 5 percent of the matriculation and

25  tuition fee for nonresident students, to support

26  implementation of technology improvement plans. The technology

27  fee may apply to both college credit and college-preparatory

28  instruction.

29         Section 4.  This act shall take effect July 1, 1999.

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    Florida House of Representatives - 1999                HB 1697

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  2                          HOUSE SUMMARY

  3
      Revises provisions relating to financial aid fees for
  4    workforce development programs. Specifies authorized fees
      for workforce development programs. Specifies fees
  5    authorized to be established by community college boards
      of trustees. Revises requirements regarding fee
  6    schedules, matriculation and tuition fees, financial aid
      fees, and capital improvement and technology fees.
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