CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. SB 2070

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Diaz-Balart moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 2, between lines 21 and 22,

15

16  and insert:

17         Section 2.  Subsections (8), (9), and (16) of section

18  239.117, Florida Statutes, 1998 Supplement, are amended,

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

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

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

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

23         239.117  Workforce development postsecondary student

24  fees.--

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

26  trustees may establish a separate fee collect, for financial

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

28  percent of the student fees collected for workforce

29  development programs funded through the Workforce Development

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

31  separate workforce development student financial aid fee trust

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                                                  SENATE AMENDMENT

    Bill No. SB 2070

    Amendment No.    





 1  fund of the district or community college to support students

 2  enrolled in workforce development programs. Any undisbursed

 3  balance remaining in the trust fund and interest income

 4  accruing to investments from the trust fund shall increase the

 5  total funds available for distribution to workforce

 6  development education students.  Awards shall be based on

 7  student financial need and distributed in accordance with a

 8  nationally recognized system of need analysis approved by the

 9  State Board for Career Education.  Fees collected pursuant to

10  this subsection shall be allocated in an expeditious manner.

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

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

13  rule of the State Board of Education or the State Board of

14  Community Colleges.

15         (16)  School boards and community college boards of

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

17  postsecondary students enrolled in certificate career

18  education or supplemental courses.

19         (16)  Community colleges and district school boards are

20  not authorized to charge students enrolled in workforce

21  development programs any fee that is not specifically

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

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

24  authorized in this section, community colleges and district

25  school boards are authorized to establish fee schedules for

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

27  fees and fines; library fees and fines; fees and fines

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

29  identification card fees; duplicating, photocopying, binding,

30  or microfilming fees; standardized testing fees; diploma

31  replacement fees; transcript fees; application fees;

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                                                  SENATE AMENDMENT

    Bill No. SB 2070

    Amendment No.    





 1  graduation fees; and late fees related to registration and

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

 3  the services provided and shall only be charged to persons

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

 5  a community college board of trustees as a dedicated revenue

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

 7  agreements and revenue bonds with terms not exceeding 20 years

 8  and not 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         (17)  Each district school board and community college

23  district board of trustees is authorized to establish specific

24  fees for workforce development instruction not reported for

25  state funding purposes or for workforce development

26  instruction not reported as state funded full-time equivalent

27  students. District school boards and district boards of

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

29  this section for this type of instruction.

30         (18)  Each district school board and community college

31  district board of trustees is authorized to establish a

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                                                  SENATE AMENDMENT

    Bill No. SB 2070

    Amendment No.    





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

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

 3  percent of the matriculation and tuition fee for nonresident

 4  students, or the equivalent, to be expended in accordance with

 5  technology improvement plans. The technology fee may apply

 6  only to associate degree programs and courses. Fifty percent

 7  of technology fee revenues may be pledged by a community

 8  college board of trustees as a dedicated revenue source for

 9  the repayment of debt, including lease-purchase agreements,

10  not to exceed the useful life of the asset being financed.

11  Revenues generated from the technology fee may not be bonded.

12         Section 3.  Paragraph (t) of subsection (4) of section

13  240.319, Florida Statutes, 1998 Supplement, is amended to

14  read:

15         240.319  Community college district boards of trustees;

16  duties and powers.--

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

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

19  following:

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

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

22  agreements and the issuance of revenue bonds as specifically

23  authorized and only for the purposes authorized in ss.

24  239.117(15) and (16)(17) and 240.35(14) and (15)(13), only for

25  the new construction and equipment, renovation, or remodeling

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

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

28  combination of revenues authorized to be pledged to bonds

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

30  239.117(16) and 240.35(15). Lease-purchase agreements may be

31  secured by a combination of revenues as specifically

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                                                  SENATE AMENDMENT

    Bill No. SB 2070

    Amendment No.    





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

 2         Section 4.  Subsections (6) and (7), and paragraphs (a)

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

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

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

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

 7         240.35  Student fees.--Unless otherwise provided, the

 8  provisions of this section apply only to fees charged for

 9  college credit instruction leading to an associate in arts

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

11  associate in science degree and noncollege credit

12  college-preparatory courses defined in s. 239.105.

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

14  Board of Education, The State Board of Community Colleges

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

16  schedule for the following fall for advanced and professional,

17  associate in science degree, and college-preparatory programs

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

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

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

21  students which exceeds 10 percent. Fees for courses in

22  college-preparatory programs and associate in arts and

23  associate in science degree programs may be established at the

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

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

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

27  Legislature provides for an alternative fee schedule

28  calculation in an appropriations act, the fee schedule shall

29  take effect the subsequent fall semester board shall establish

30  a fee schedule that produces the fee revenue established in

31  the appropriations act based on the assigned enrollment.

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                                                  SENATE AMENDMENT

    Bill No. SB 2070

    Amendment No.    





 1         (7)  Each community college board of trustees shall

 2  establish matriculation and tuition fees, which may vary no

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

 4  schedule adopted by the State Board of Community Colleges,

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

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

 7  In order to assess an additional amount for safety and

 8  security purposes, a community college board of trustees must

 9  provide written justification to the State Board of Community

10  Colleges based on criteria approved by the local board of

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

12  crime data and information, and strategies for the

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

14  community college is authorized to increase the sum of the

15  matriculation fee and technology fee by not more than 5

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

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

18  shall exceed the prescribed statutory limit.  Should a college

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

20  increasing the matriculation fee must be expended solely for

21  additional safety and security purposes and shall not supplant

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

23  security purposes.

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

25  establish a separate fee collect for financial aid purposes in

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

27  the total student tuition or matriculation fees collected.

28  Each community college may collect up to an additional 2

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

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

31  $250,000, a community college that charges tuition and

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                                                  SENATE AMENDMENT

    Bill No. SB 2070

    Amendment No.    





 1  matriculation fees at least equal to the average fees

 2  established by rule may transfer from the general current fund

 3  to the scholarship fund an amount equal to the difference

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

 5  financial aid fee assessment.  No other transfer from the

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

 7  fund, by whatever name known, is authorized.

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

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

10  assist students who demonstrate academic merit; who

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

12  other extracurricular programs as determined by the

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

14  gender or ethnic minority population.  The financial aid fee

15  revenues allocated for athletic scholarships and fee

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

17  athletes shall be distributed equitably as required by s.

18  228.2001(3)(d).  A minimum of 50 percent of the balance of

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

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

21  for academic merit purposes and other purposes approved by the

22  district boards of trustees.  Such other purposes shall

23  include the payment of child care fees for students with

24  financial need.  The State Board of Community Colleges shall

25  develop criteria for making financial aid awards.  Each

26  college shall report annually to the Department of Education

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

28  awards for each criterion, and a delineation of the

29  distribution of such awards.  Awards which are based on

30  financial need shall be distributed in accordance with a

31  nationally recognized system of need analysis approved by the

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                                                  SENATE AMENDMENT

    Bill No. SB 2070

    Amendment No.    





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

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

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

 4  award and renewal of the award.

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

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

 7  technology fees authorized in this section, each board of

 8  trustees is authorized to establish fee schedules for the

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

10  and fines; library fees and fines; fees and fines relating to

11  facilities and equipment use or damage; access or

12  identification card fees; duplicating, photocopying, binding,

13  or microfilming fees; standardized testing fees; diploma

14  replacement fees; transcript fees; application fees;

15  graduation fees; and late fees related to registration and

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

17  the services provided and shall only be charged to persons

18  receiving the service. Community colleges are not authorized

19  to charge any fee that is not specifically authorized by

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

21  college board of trustees as a dedicated revenue source for

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

23  revenue bonds with terms not exceeding 20 years and not

24  exceeding the useful life of the asset being financed.

25  Community colleges shall use the services of the Division of

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

27  revenue bonds authorized by the provisions of this subsection.

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. SB 2070

    Amendment No.    





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

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

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

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

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

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

 7         (16)  Each community college district board of trustees

 8  is authorized to establish a separate fee for technology,

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

10  resident students or 5 percent of the matriculation and

11  tuition fee for nonresident students, to be expended according

12  to technology improvement plans. The technology fee may apply

13  to both college credit and college-preparatory instruction.

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

15  community college board of trustees as a dedicated revenue

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

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

18  financed. Revenues generated from the technology fee may not

19  be bonded.

20

21  (Redesignate subsequent sections.)

22

23

24  ================ T I T L E   A M E N D M E N T ===============

25  And the title is amended as follows:

26         On page 1, line 9, after the semicolon,

27

28  insert:

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

30         relating to financial aid fees for workforce

31         development programs; specifying authorized

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                                                  SENATE AMENDMENT

    Bill No. SB 2070

    Amendment No.    





 1         fees for workforce development programs;

 2         providing for parking fees and technology fees

 3         to be pledged as dedicated funding sources for

 4         the repayment of debt; amending s. 240.319,

 5         F.S.; providing requirements for lease-purchase

 6         agreements; correcting cross references;

 7         amending s. 240.35, F.S.; revising requirements

 8         regarding fee schedules, matriculation and

 9         tuition fees, financial aid fees, and

10         technology fees; specifying fees authorized to

11         be established by community college boards of

12         trustees;

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