Senate Bill 2086c1
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Florida Senate - 1999 CS for SB 2086
By the Committee on Education and Senator Diaz-Balart
304-2116-99
1 A bill to be entitled
2 An act relating to postsecondary student fees;
3 amending s. 239.117, F.S.; authorizing fees for
4 students in workforce development programs;
5 prohibiting certain fees without statutory
6 authorization; specifying fees that may be
7 charged; amending s. 240.319, F.S.; revising
8 powers of community college boards of trustees
9 to incur debt supported by student fees;
10 amending s. 240.35, F.S.; providing that
11 changes in community college fees take effect
12 in the following fall semester; authorizing
13 additional matriculation and tuition fees for
14 safety and security purposes; authorizing
15 additional fees; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 239.117, Florida Statutes, 1998
20 Supplement, is amended to read:
21 239.117 Workforce development postsecondary student
22 fees.--
23 (1) This section applies to students enrolled in
24 workforce development programs who are reported for funding
25 through the Workforce Development Education Fund, except that
26 college credit fees for the community colleges are governed by
27 s. 240.35.
28 (2) All students shall be charged fees except students
29 who are exempt from fees or students whose fees are waived.
30 (3) The following students are exempt from any
31 requirement for the payment of registration, matriculation,
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1 and laboratory fees for adult basic, adult secondary, or
2 vocational-preparatory instruction:
3 (a) A student who does not have a high school diploma
4 or its equivalent.
5 (b) A student who has a high school diploma or its
6 equivalent and who has academic skills at or below the eighth
7 grade level pursuant to state board rule. A student is
8 eligible for this exemption from fees if the student's skills
9 are at or below the eighth grade level as measured by a test
10 administered in the English language and approved by the
11 Department of Education, even if the student has skills above
12 that level when tested in the student's native language.
13 (4) The following students are exempt from the payment
14 of registration, matriculation, and laboratory fees:
15 (a) A student enrolled in a dual enrollment or early
16 admission program pursuant to s. 239.241.
17 (b) A student enrolled in an approved apprenticeship
18 program, as defined in s. 446.021.
19 (c) A student for whom the state is paying a foster
20 care board payment pursuant to s. 409.145(3) or pursuant to
21 parts II and III of chapter 39, for whom the permanency
22 planning goal pursuant to part III of chapter 39 is long-term
23 foster care or independent living, or who is adopted from the
24 Department of Children and Family Services after December 31,
25 1997. Such exemption includes fees associated with enrollment
26 in vocational-preparatory instruction and completion of the
27 college-level communication and computation skills testing
28 program. Such exemption shall be available to any student
29 adopted from the Department of Children and Family Services
30 after December 31, 1997; however, the exemption shall be valid
31
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1 for no more than 4 years after the date of graduation from
2 high school.
3 (d) A student enrolled in an employment and training
4 program under the WAGES Program. The local WAGES coalition
5 shall pay the community college or school district for costs
6 incurred for WAGES clients.
7 (e) A student who lacks a fixed, regular, and adequate
8 nighttime residence or whose primary nighttime residence is a
9 public or private shelter designed to provide temporary
10 residence for individuals intended to be institutionalized, or
11 a public or private place not designed for, or ordinarily used
12 as, a regular sleeping accommodation for human beings.
13 (f) A student who is a proprietor, owner, or worker of
14 a company whose business has been at least 50 percent
15 negatively financially impacted by the buy-out of property
16 around Lake Apopka by the State of Florida. Such a student may
17 receive a fee exemption only if the student has not received
18 compensation because of the buy-out, the student is designated
19 a Florida resident for tuition purposes, pursuant to s.
20 240.1201, and the student has applied for and been denied
21 financial aid, pursuant to s. 240.404, which would have
22 provided, at a minimum, payment of all student fees. The
23 student is responsible for providing evidence to the
24 postsecondary education institution verifying that the
25 conditions of this paragraph have been met, including support
26 documentation provided by the Department of Revenue. The
27 student must be currently enrolled in, or begin coursework
28 within, a program area by fall semester 2000. The exemption
29 is valid for a period of 4 years from the date that the
30 postsecondary education institution confirms that the
31 conditions of this paragraph have been met.
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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 to
13 the State Board of Education no later than December 31 of each
14 year a schedule of fees for workforce development education
15 for school districts and community colleges. The fee schedule
16 shall be based on the amount of student fees necessary to
17 produce 25 percent of the prior year's average cost of a
18 course of study leading to a certificate or diploma and 50
19 percent of the prior year's cost of a continuing workforce
20 education course. At the discretion of a school board or a
21 community college, this fee schedule may be implemented over a
22 3-year period, with full implementation in the 1999-2000
23 school year. In years preceding that year, if fee increases
24 are necessary for some programs or courses, the fees shall be
25 raised in increments designed to lessen their impact upon
26 students already enrolled. Fees for students who are not
27 residents for tuition purposes must offset the full cost of
28 instruction. Fee-nonexempt students enrolled in
29 vocational-preparatory instruction shall be charged fees equal
30 to the fees charged for certificate career education
31 instruction. Each community college that conducts
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1 college-preparatory and vocational-preparatory instruction in
2 the same class section may charge a single fee for both types
3 of instruction.
4 (b) The State Board of Education shall adopt a fee
5 schedule for school districts that produces the fee revenues
6 calculated pursuant to paragraph (a). The schedule so
7 calculated shall take effect, unless otherwise specified in
8 the General Appropriations Act.
9 (c) The State Board of Education shall adopt, by rule,
10 the definitions and procedures that school boards shall use in
11 the calculation of cost borne by students.
12 (7) Each year the State Board of Community Colleges
13 shall review and evaluate the percentage of the cost of adult
14 programs and certificate career education programs supported
15 through student fees. For students who are residents for
16 tuition purposes, the schedule so adopted must produce
17 revenues equal to 25 percent of the prior year's average
18 program cost for college-preparatory and certificate-level
19 workforce development programs and 50 percent of the prior
20 year's program cost for student enrollment in continuing
21 workforce education. Fees for students who are not residents
22 for tuition purposes must offset the full cost of instruction.
23 (8) Each school board and community college board of
24 trustees may establish a separate fee collect, for financial
25 aid purposes in, up to an additional amount up to 10 percent
26 of the student fees collected for workforce development
27 programs funded through the Workforce Development Education
28 Fund. All fees collected shall be deposited into a separate
29 workforce development student financial aid fee trust fund of
30 the district or community college to support students enrolled
31 in workforce development programs. Any undisbursed balance
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1 remaining in the trust fund and interest income accruing to
2 investments from the trust fund shall increase the total funds
3 available for distribution to workforce development education
4 students. Awards shall be based on student financial need and
5 distributed in accordance with a nationally recognized system
6 of need analysis approved by the State Board for Career
7 Education. Fees collected pursuant to this subsection shall
8 be allocated in an expeditious manner.
9 (9) A district school board or a community college
10 board of trustees may charge other fees only as authorized by
11 rule of the State Board of Education or the State Board of
12 Community Colleges.
13 (9)(10) The State Board of Education and the State
14 Board of Community Colleges shall adopt rules to allow the
15 deferral of registration and tuition fees for students
16 receiving financial aid from a federal or state assistance
17 program when such aid is delayed in being transmitted to the
18 student through circumstances beyond the control of the
19 student. The failure to make timely application for such aid
20 is an insufficient reason to receive a deferral of fees. The
21 rules must provide for the enforcement and collection or other
22 settlement of delinquent accounts.
23 (10)(11) Any veteran or other eligible student who
24 receives benefits under chapter 30, chapter 31, chapter 32,
25 chapter 34, or chapter 35 of Title 38, U.S.C., or chapter 106
26 of Title 10, U.S.C., is entitled to one deferment each
27 academic year and an additional deferment each time there is a
28 delay in the receipt of benefits.
29 (11)(12) Each school district and community college
30 shall be responsible for collecting all deferred fees. If a
31 school district or community college has not collected a
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1 deferred fee, the student may not earn state funding for any
2 course for which the student subsequently registers until the
3 fee has been paid.
4 (12)(13) Any school district or community college that
5 reports students who have not paid fees in an approved manner
6 in calculations of full-time equivalent enrollments for state
7 funding purposes shall be penalized at a rate equal to 2 times
8 the value of such enrollments. Such penalty shall be charged
9 against the following year's allocation from the Florida
10 Workforce Development Education Fund or the Community College
11 Program Fund and shall revert to the General Revenue Fund.
12 The State Board of Education shall specify, in rule, approved
13 methods of student fee payment. Such methods must include,
14 but need not be limited to, student fee payment; payment
15 through federal, state, or institutional financial aid; and
16 employer fee payments.
17 (13)(14) Each school district and community college
18 shall report only those students who have actually enrolled in
19 instruction provided or supervised by instructional personnel
20 under contract with the district or community college in
21 calculations of actual full-time enrollments for state funding
22 purposes. A student who has been exempted from taking a
23 course or who has been granted academic or vocational credit
24 through means other than actual coursework completed at the
25 granting institution may not be calculated for enrollment in
26 the course from which the student has been exempted or for
27 which the student has been granted credit. School districts
28 and community colleges that report enrollments in violation of
29 this subsection shall be penalized at a rate equal to 2 times
30 the value of such enrollments. Such penalty shall be charged
31 against the following year's allocation from the Workforce
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1 Development Education Fund and shall revert to the General
2 Revenue Fund.
3 (14)(15) School boards and community college boards of
4 trustees may establish scholarship funds using donations. If
5 such funds are established, school boards and community
6 college boards of trustees shall adopt rules that provide for
7 the criteria and methods for awarding scholarships from the
8 fund.
9 (16) School boards and community college boards of
10 trustees may establish, by rule, a consumable supply fee for
11 postsecondary students enrolled in certificate career
12 education or supplemental courses.
13 (15)(17) Each school board and community college board
14 of trustees may establish a separate fee for capital
15 improvements, technology enhancements, or equipping buildings
16 which may not exceed 5 percent of the matriculation fee for
17 resident students or 5 percent of the matriculation and
18 tuition fee for nonresident students. Funds collected by
19 community colleges through these fees may be bonded only for
20 the purpose of financing or refinancing new construction and
21 equipment, renovation, or remodeling of educational
22 facilities. The fee shall be collected as a component part of
23 the registration and tuition fees, paid into a separate
24 account, and expended only to construct and equip, maintain,
25 improve, or enhance the certificate career education or adult
26 education facilities of the school district or community
27 college. Projects funded through the use of the capital
28 improvement fee must meet the survey and construction
29 requirements of chapter 235. Pursuant to s. 216.0158, each
30 school board and community college board of trustees shall
31 identify each project, including maintenance projects,
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1 proposed to be funded in whole or in part by such fee. Capital
2 improvement fee revenues may be pledged by a board of trustees
3 as a dedicated revenue source to the repayment of debt,
4 including lease-purchase agreements and revenue bonds, with a
5 term not to exceed 20 years, and not to exceed the useful life
6 of the asset being financed, only for the new construction and
7 equipment, renovation, or remodeling of educational
8 facilities. Community colleges may use the services of the
9 Division of Bond Finance of the State Board of Administration
10 to issue any bonds authorized through the provisions of this
11 subsection. Any such bonds issued by the Division of Bond
12 Finance shall be in compliance with the provisions of the
13 State Bond Act. Bonds issued pursuant to the State Bond Act
14 shall be validated in the manner provided by chapter 75. The
15 complaint for such validation shall be filed in the circuit
16 court of the county where the seat of state government is
17 situated, the notice required to be published by s. 75.06
18 shall be published only in the county where the complaint is
19 filed, and the complaint and order of the circuit court shall
20 be served only on the state attorney of the circuit in which
21 the action is pending. A maximum of 15 cents per credit hour
22 may be allocated from the capital improvement fee for child
23 care centers conducted by the school board or community
24 college board of trustees.
25 (16) Community colleges and district school boards are
26 not authorized to charge students enrolled in workforce
27 development programs any fee that is not specifically
28 authorized by statute. In addition to matriculation, tuition,
29 financial aid, technology, and capital improvement fees, as
30 authorized in this section, community colleges and district
31 school boards are authorized to establish fee schedules for
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1 the following user fees and fines: laboratory fees; parking
2 fees and fines; library fees and fines; fees and fines
3 relating to facilities and equipment use or damage; access or
4 identification card fees; duplicating, photocopying, binding,
5 or microfilming fees; standardized testing fees; diploma
6 replacement fees; transcript fees; application fees;
7 graduation fees; and late fees related to registration and
8 payment. Such user fees and fines shall not exceed the cost of
9 the services provided and shall only be charged to persons
10 receiving the services. Revenues from parking fees and up to
11 50 percent of the technology fee may be pledged by a community
12 college board of trustees as a dedicated revenue source for
13 the repayment of debt, including lease-purchase agreements and
14 revenue bonds with terms not exceeding 20 years and not
15 exceeding the useful life of the asset being financed.
16 Community colleges may use the services of the Division of
17 Bond Finance of the State Board of Administration to issue any
18 bonds authorized by the provisions of this subsection. Any
19 such bonds issued by the Division of Bond Finance shall be in
20 compliance with the provisions of the State Bond Act. Bonds
21 issued pursuant to the State Bond Act shall be validated in
22 the manner established in chapter 75. The complaint for such
23 validation shall be filed in the circuit court of the county
24 where the seat of state government is situated, the notice
25 required to be published by s. 75.06 shall be published only
26 in the county where the complaint is filed, and the complaint
27 and order of the circuit court shall be served only on the
28 state attorney of the circuit in which the action is pending.
29 (17) Each district school board and community college
30 district board of trustees is authorized to establish specific
31 fees for workforce development instruction not reported for
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1 state funding purposes or for workforce development
2 instruction not reported as state funded full-time equivalent
3 students. District school boards and district boards of
4 trustees are not required to charge any other fee specified in
5 this section for this type of instruction.
6 Section 2. Paragraphs (k) and (t) of subsection (4) of
7 section 240.319, Florida Statutes, 1998 Supplement, are
8 amended to read:
9 240.319 Community college district boards of trustees;
10 duties and powers.--
11 (4) Such rules, procedures, and policies for the
12 boards of trustees include, but are not limited to, the
13 following:
14 (k) Each board of trustees shall provide rules
15 governing parking and the direction and flow of traffic within
16 campus boundaries and may hire appropriate personnel to
17 enforce campus parking rules. Such persons have no authority
18 to arrest or issue citations for moving traffic violations.
19 The board of trustees may adopt, by rule, a uniform code of
20 appropriate penalties for violations. Such penalties, unless
21 otherwise provided by law, may include the levying of fines,
22 the withholding of diplomas or transcripts pending compliance
23 with rules or payment of fines, and the imposition of
24 probation, suspension, or dismissal. Moneys collected from
25 parking rule infractions shall be deposited in appropriate
26 funds at each community college for student financial aid
27 purposes.
28 (t) Each board of trustees is authorized to borrow
29 funds and incur debt, including entering into lease-purchase
30 agreements and the issuance of revenue bonds as specifically
31 authorized and only for the purposes authorized in ss.
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1 239.117(15) and (16) 239.117(17) and 240.35(14) and (15)
2 240.35(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) and 240.35(14) or ss.
7 239.117(16) and 240.35(15) ss. 239.117(17) and 240.35(13).
8 Section 3. Subsections (6), (7), and (14), and
9 paragraphs (a) and (c) of subsection (11) of section 240.35,
10 Florida Statutes, 1998 Supplement, are amended, present
11 subsection (15) is renumbered as subsection (17), and new
12 subsections (15) and (16) are added to that section, to read:
13 240.35 Student fees.--Unless otherwise provided, the
14 provisions of this section apply only to fees charged for
15 college credit instruction leading to an associate in arts
16 degree, an associate in applied science degree, or an
17 associate in science degree and noncollege credit
18 college-preparatory courses defined in s. 239.105.
19 (6) Subject to review and final approval by the State
20 Board of Education, The State Board of Community Colleges
21 shall adopt by December 31 of each year a resident fee
22 schedule for the following fall for advanced and professional,
23 associate in science degree, and college-preparatory programs
24 that produce revenues in the amount of 25 percent of the full
25 prior year's cost of these programs. However, the board may
26 not adopt an annual fee increase in any program for resident
27 students which exceeds 10 percent. Fees for courses in
28 college-preparatory programs and associate in arts and
29 associate in science degree programs may be established at the
30 same level. In the absence of a provision to the contrary in
31 an appropriations act, the fee schedule shall take effect and
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1 the colleges shall expend the funds on instruction. If the
2 Legislature provides for an alternative fee schedule
3 calculation in an appropriations act, the board shall
4 establish a fee schedule shall take effect the subsequent fall
5 semester that produces the fee revenue established in the
6 appropriations act based on the assigned enrollment.
7 (7) Each community college board of trustees shall
8 establish matriculation and tuition fees, which may vary no
9 more than 10 percent below and 15 percent above from the fee
10 schedule adopted by the State Board of Community Colleges,
11 provided that any amount from 10 to 15 percent above the fee
12 schedule is used only to support safety and security
13 improvements.
14 (11)(a) Each community college is authorized to
15 establish a separate fee collect for financial aid purposes in
16 an additional amount up to, but not to exceed, 5 percent of
17 the total student tuition or matriculation fees collected.
18 Each community college may collect up to an additional 2
19 percent if the amount generated by the total financial aid fee
20 is less than $250,000. If the amount generated is less than
21 $250,000, a community college that charges tuition and
22 matriculation fees at least equal to the average fees
23 established by rule may transfer from the general current fund
24 to the scholarship fund an amount equal to the difference
25 between $250,000 and the amount generated by the total
26 financial aid fee assessment. No other transfer from the
27 general current fund to the loan, endowment, or scholarship
28 fund, by whatever name known, is authorized.
29 (c) Up to 25 percent or $300,000, whichever is
30 greater, of the financial aid fees collected may be used to
31 assist students who demonstrate academic merit; who
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1 participate in athletics, public service, cultural arts, and
2 other extracurricular programs as determined by the
3 institution; or who are identified as members of a targeted
4 gender or ethnic minority population. The financial aid fee
5 revenues allocated for athletic scholarships and fee
6 exemptions provided pursuant to subsection (15) for athletes
7 shall be distributed equitably as required by s.
8 228.2001(3)(d). A minimum of 50 percent of the balance of
9 these funds shall be used to provide financial aid based on
10 absolute need, and the remainder of the funds shall be used
11 for academic merit purposes and other purposes approved by the
12 district boards of trustees. Such other purposes shall
13 include the payment of child care fees for students with
14 financial need. The State Board of Community Colleges shall
15 develop criteria for making financial aid awards. Each
16 college shall report annually to the Department of Education
17 on the criteria used to make awards, the amount and number of
18 awards for each criterion, and a delineation of the
19 distribution of such awards. Awards which are based on
20 financial need shall be distributed in accordance with a
21 nationally recognized system of need analysis approved by the
22 State Board of Community Colleges. An award for academic merit
23 shall require a minimum overall grade point average of 3.0 on
24 a 4.0 scale or the equivalent for both initial receipt of the
25 award and renewal of the award.
26 (14) Each community college board of trustees may
27 establish a separate fee for capital improvements, technology
28 enhancements, or equipping student buildings which may not
29 exceed 5 percent of the matriculation fee for resident
30 students or 5 percent of the matriculation and tuition fee for
31 nonresident students $1 per credit hour or credit-hour
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1 equivalent for residents and which equals or exceeds $3 per
2 credit hour for nonresidents. Funds collected by community
3 colleges through these fees may be bonded only for the purpose
4 of financing or refinancing new construction and equipment,
5 renovation, or remodeling of educational facilities. The fee
6 shall be collected as a component part of the registration and
7 tuition fees, paid into a separate account, and expended only
8 to construct and equip, maintain, improve, or enhance the
9 educational facilities of the community college. Projects
10 funded through the use of the capital improvement fee shall
11 meet the survey and construction requirements of chapter 235.
12 Pursuant to s. 216.0158, each community college shall identify
13 each project, including maintenance projects, proposed to be
14 funded in whole or in part by such fee. Capital improvement
15 fee revenues may be pledged by a board of trustees as a
16 dedicated revenue source to the repayment of debt, including
17 lease-purchase agreements and revenue bonds, with a term not
18 to exceed 20 years, and not to exceed the useful life of the
19 asset being financed, only for the new construction and
20 equipment, renovation, or remodeling of educational
21 facilities. Community colleges may use the services of the
22 Division of Bond Finance of the State Board of Administration
23 to issue any bonds authorized through the provisions of this
24 subsection. Any such bonds issued by the Division of Bond
25 Finance shall be in compliance with the provisions of the
26 State Bond Act. Bonds issued pursuant to the State Bond Act
27 shall be validated in the manner provided by chapter 75. The
28 complaint for such validation shall be filed in the circuit
29 court of the county where the seat of state government is
30 situated, the notice required to be published by s. 75.06
31 shall be published only in the county where the complaint is
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1 filed, and the complaint and order of the circuit court shall
2 be served only on the state attorney of the circuit in which
3 the action is pending. A maximum of 15 cents per credit hour
4 may be allocated from the capital improvement fee for child
5 care centers conducted by the community college.
6 (15) In addition to matriculation, tuition, financial
7 aid, capital improvement, technology, and student activity and
8 service fees authorized in this section, each board of
9 trustees is authorized to establish fee schedules for the
10 following user fees and fines: laboratory fees; parking fees
11 and fines; library fees and fines; fees and fines relating to
12 facilities and equipment use or damage; access or
13 identification card fees; duplicating, photocopying, binding,
14 or microfilming fees; standardized testing fees; diploma
15 replacement fees; transcript fees; application fees;
16 graduation fees; and late fees related to registration and
17 payment. Such user fees and fines shall not exceed the cost of
18 the services provided and shall only be charged to persons
19 receiving the service. Community colleges are not authorized
20 to charge any fee that is not specifically authorized by
21 statute. Revenues from the technology fee and parking fees may
22 be pledged by a community college board of trustees as a
23 dedicated revenue source for the repayment of debt, including
24 lease-purchase agreements and revenue bonds with terms not
25 exceeding 20 years and not exceeding the useful life of the
26 asset being financed. Community colleges may use the services
27 of the Division of Bond Finance of the State Board of
28 Administration to issue any bonds authorized by the provisions
29 of this subsection. Any such bonds issued by the Division of
30 Bond Finance shall be in compliance with the provisions of the
31 State Bond Act. Bonds issued pursuant to the State Bond Act
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1 shall be validated in the manner established in chapter 75.
2 The complaint for such validation shall be filed in the
3 circuit court of the county where the seat of state government
4 is situated, the notice required to be published by s. 75.06
5 shall be published only in the county where the complaint is
6 filed, and the complaint and order of the circuit court shall
7 be served only on the state attorney of the circuit in which
8 the action is pending.
9 (16) Each community college board of trustees may
10 establish a separate fee for technology, not more than 5
11 percent of the matriculation fee for resident students and not
12 more than 5 percent of the matriculation and tuition fees for
13 nonresident students, or the equivalent, to support
14 implementation of technology improvement plans. The technology
15 fee applies only to associate-degree-level programs.
16 Section 4. This act shall take effect July 1, 1999.
17
18 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
19 SB 2086
20
21 The Committee Substitute:
22 Limits the technology fee authorized for community colleges to
college-credit programs. The fee may not be assessed for
23 workforce development programs.
24 Authorizes community colleges to pledge expected revenue from
the technology fee and parking fees to issue bonds and enter
25 into lease-purchase agreements and to combine those fees with
fees from workforce development programs.
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