House Bill 2283
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Florida House of Representatives - 2000 HB 2283
By the Committee on Community Colleges & Career Prep and
Representative Harrington
1 A bill to be entitled
2 An act relating to postsecondary education
3 institutions; amending s. 239.115, F.S.;
4 providing performance exemptions for new
5 workforce development education programs;
6 amending s. 239.117, F.S., relating to
7 workforce development postsecondary student
8 fees; revising a limitation on the total value
9 of fee waivers; revising the date by which the
10 Commissioner of Education must provide a fee
11 schedule; deleting obsolete language; requiring
12 each school board or community college district
13 board of trustees to determine the method for
14 distributing certain awards; deleting a
15 provision that limits technology fees to
16 associate degree programs and courses;
17 authorizing the establishment of an activity
18 and service fee; providing requirements for the
19 activity and service fee; amending s. 239.213,
20 F.S., relating to vocational preparatory
21 instruction; requiring students who enroll in
22 certificate career education programs of 450
23 hours or more to complete an entry-level
24 examination within a certain period of time;
25 revising provisions relating to exceptional
26 students to conform with federal requirements;
27 amending s. 239.514, F.S., relating to the
28 workforce development capitalization incentive
29 grant program; authorizing the use of such
30 funds to upgrade workforce development
31 programs; amending s. 240.1201, F.S.;
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1 authorizing the State Board of Education to
2 classify students as residents or nonresidents
3 for tuition purposes; amending ss. 240.152 and
4 240.153, F.S.; conforming provisions relating
5 to students with disabilities with federal
6 requirements; requiring the State Board of
7 Education to define "physical or mental
8 impairment" by rule; amending s. 240.311, F.S.;
9 revising the role of the State Board of
10 Community Colleges in rulemaking; providing
11 specific rulemaking authority; amending s.
12 240.321, F.S.; clarifying requirements
13 regarding the provision of adequate information
14 on remediation courses; amending s. 240.325,
15 F.S.; requiring the State Board of Community
16 Colleges, rather than the State Board of
17 Education, to adopt rules; requiring the
18 adoption of rules to address accreditation,
19 student withdrawal, and grade forgiveness;
20 amending s. 240.3341, F.S.; authorizing
21 community colleges to lease incubator
22 facilities; deleting obsolete language;
23 amending s. 240.35, F.S., relating to student
24 fees; deleting obsolete and redundant language;
25 amending s. 240.359, F.S.; prohibiting the
26 inclusion of certain hours in calculations of
27 full-time equivalent enrollments; eliminating
28 provisions relating to funding for the category
29 of lifelong learning; providing an effective
30 date.
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1 Be It Enacted by the Legislature of the State of Florida:
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3 Section 1. Subsection (9) of section 239.115, Florida
4 Statutes, is amended to read:
5 239.115 Funds for operation of adult general education
6 and vocational education programs.--
7 (9) The Department of Education, the State Board of
8 Community Colleges, and the Jobs and Education Partnership
9 shall provide the Legislature with recommended formulas,
10 criteria, timeframes, and mechanisms for distributing
11 performance funds. Such recommendations may provide
12 performance exemptions for new or significantly expanded
13 workforce development education programs for a period not to
14 exceed 2 years from the implementation of the new or
15 significantly expanded program. The commissioner shall
16 consolidate the recommendations and develop a consensus
17 proposal for funding. The Legislature shall adopt a formula
18 and distribute the performance funds to the Division of
19 Community Colleges and the Division of Workforce Development
20 through the General Appropriations Act. These recommendations
21 shall be based on formulas that would discourage
22 low-performing or low-demand programs and encourage through
23 performance-funding awards:
24 (a) Programs that prepare people to enter high-wage
25 occupations identified by the Occupational Forecasting
26 Conference created by s. 216.136 and other programs as
27 approved by the Jobs and Education Partnership. At a minimum,
28 performance incentives shall be calculated for adults who
29 reach completion points or complete programs that lead to
30 specified high-wage employment and to their placement in that
31 employment.
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1 (b) Programs that successfully prepare adults who are
2 eligible for public assistance, economically disadvantaged,
3 disabled, not proficient in English, or dislocated workers for
4 high-wage occupations. At a minimum, performance incentives
5 shall be calculated at an enhanced value for the completion of
6 adults identified in this paragraph and job placement of such
7 adults upon completion. In addition, adjustments may be made
8 in payments for job placements for areas of high unemployment.
9 (c) Programs identified by the Jobs and Education
10 Partnership as increasing the effectiveness and cost
11 efficiency of education.
12 Section 2. Subsections (5), (8), and (18) and
13 paragraph (a) of subsection (6) of section 239.117, Florida
14 Statutes, are amended, and subsection (19) is added to said
15 section, to read:
16 239.117 Workforce development postsecondary student
17 fees.--
18 (5) School districts and community colleges may waive
19 fees for any fee-nonexempt student. The total value of fee
20 waivers granted by the school district or community college
21 may not exceed 8 percent of the district's or community
22 college's postsecondary vocational certificate program
23 enrollment hours or an the amount established annually in the
24 General Appropriations Act. Any student whose fees are waived
25 in excess of the authorized amount may not be reported for
26 state funding purposes. Any school district or community
27 college that waives fees and requests state funding for a
28 student in violation of the provisions of this section shall
29 be penalized at a rate equal to 2 times the value of the
30 full-time student enrollment reported.
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1 (6)(a) The Commissioner of Education shall provide to
2 the State Board of Education no later than January December 31
3 of each year a schedule of fees for workforce development
4 education, excluding continuing workforce education, for
5 school districts and community colleges. The fee schedule
6 shall be based on the amount of student fees necessary to
7 produce 25 percent of the prior year's average cost of a
8 course of study leading to a certificate or diploma. At the
9 discretion of a school board or a community college, this fee
10 schedule may be implemented over a 3-year period, with full
11 implementation in the 1999-2000 school year. In years
12 preceding that year, if fee increases are necessary for some
13 programs or courses, the fees shall be raised in increments
14 designed to lessen their impact upon students already
15 enrolled. Fees for students who are not residents for tuition
16 purposes must offset the full cost of instruction.
17 Fee-nonexempt students enrolled in vocational-preparatory
18 instruction shall be charged fees equal to the fees charged
19 for certificate career education instruction. Each community
20 college that conducts college-preparatory and
21 vocational-preparatory instruction in the same class section
22 may charge a single fee for both types of instruction.
23 (8) Each school board and community college board of
24 trustees may establish a separate fee for financial aid
25 purposes in an additional amount of up to 5 10 percent of the
26 student fees collected for workforce development programs
27 funded through the Workforce Development Education Fund. All
28 fees collected shall be deposited into a separate workforce
29 development student financial aid fee trust fund of the
30 district or community college to support students enrolled in
31 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, as established by each school board or
7 community college district board of trustees approved by the
8 State Board for Career Education. Fees collected pursuant to
9 this subsection shall be allocated in an expeditious manner.
10 (18) Each district school board and community college
11 district board of trustees is authorized to establish a
12 separate fee for technology, not to exceed $1.80 per credit
13 hour or credit-hour equivalent for resident students and not
14 more than $5.40 per credit hour or credit-hour equivalent for
15 nonresident students, or the equivalent, to be expended in
16 accordance with technology improvement plans. The technology
17 fee may apply only to associate degree programs and courses.
18 Fifty percent of technology fee revenues may be pledged by a
19 community college board of trustees as a dedicated revenue
20 source for the repayment of debt, including lease-purchase
21 agreements, not to exceed the useful life of the asset being
22 financed. Revenues generated from the technology fee may not
23 be bonded.
24 (19) Each district school board and community college
25 district board of trustees may establish a separate activity
26 and service fee not to exceed 10 percent of the matriculation
27 fee, according to rules of the State Board of Education. The
28 student activity and service fee shall be collected as a
29 component part of the registration and tuition fees. The
30 student activity and service fees shall be paid into a student
31 activity and service fund at the school district or community
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1 college and shall be expended for lawful purposes to directly
2 benefit the student body of the institution in general. These
3 purposes include, but are not limited to, student publications
4 and grants to duly recognized student organizations, the
5 membership of which is open to all students at the school or
6 community college without regard to race, gender, or religious
7 affiliation.
8 Section 3. Subsections (2) and (3) of section 239.213,
9 Florida Statutes, are amended to read:
10 239.213 Vocational-preparatory instruction.--
11 (2) Students who enroll in a certificate career
12 education program of 450 hours or more shall complete an
13 entry-level examination within the first 6 weeks of admission
14 into the program. The state board shall designate
15 examinations that are currently in existence, the results of
16 which are comparable across institutions, to assess student
17 mastery of basic skills. Any student deemed to lack a minimal
18 level of basic skills for such program shall be referred to
19 vocational-preparatory instruction or adult basic education
20 for a structured program of basic skills instruction. Such
21 instruction may include English for speakers of other
22 languages. A student may not receive a certificate of
23 vocational program completion prior to demonstrating the basic
24 skills required in the state curriculum frameworks for the
25 vocational program.
26 (3) Any student with disabilities who meets the
27 criteria established in s. 240.152 or s. 240.153 Exceptional
28 students, as defined in s. 228.041, may be exempted from the
29 provisions of this section. A student who possesses an
30 associate in arts, baccalaureate, or graduate-level degree,
31 who has completed the college-level communication and
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1 computation skills examination pursuant to s. 240.107, or who
2 is exempt from the college entry-level examination pursuant to
3 s. 240.107 may be exempted from the provisions of this
4 section. Pursuant to 29 C.F.R. part 30, students in registered
5 apprenticeship programs may also be exempted from the
6 provisions of this section.
7 Section 4. Section 239.514, Florida Statutes, is
8 amended to read:
9 239.514 Workforce Development Capitalization Incentive
10 Grant Program.--The Legislature recognizes that the need for
11 school districts and community colleges to be able to respond
12 to emerging local or statewide economic development needs is
13 critical to the workforce development system. The Workforce
14 Development Capitalization Incentive Grant Program is created
15 to provide grants to school districts and community colleges
16 on a competitive basis to fund some or all of the costs
17 associated with the creation or expansion of workforce
18 development programs that serve specific employment workforce
19 needs. Funds may also be used to upgrade workforce development
20 programs to established industry standards in accordance with
21 program updates conducted by the Division of Community
22 Colleges and the Division of Workforce Development.
23 (1) Funds awarded for a workforce development
24 capitalization incentive grant may be used for instructional
25 equipment, laboratory equipment, supplies, personnel, student
26 services, or other expenses associated with the creation,
27 upgrade, or expansion of a workforce development program.
28 Expansion of a program may include either the expansion of
29 enrollments in a program or expansion into new areas of
30 specialization within a program. No grant funds may be used
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1 for recurring instructional costs or for institutions'
2 indirect costs.
3 (2) The Postsecondary Education Planning Commission
4 shall accept applications from school districts or community
5 colleges for workforce development capitalization incentive
6 grants. Applications from school districts or community
7 colleges shall contain projected enrollments and projected
8 costs for the new or expanded workforce development program.
9 The Postsecondary Education Planning Commission, in
10 consultation with the Jobs and Education Partnership, the
11 Department of Education, and the State Board of Community
12 Colleges, shall review and rank each application for a grant
13 according to subsection (3) and shall submit to the
14 Legislature a list in priority order of applications
15 recommended for a grant award.
16 (3) The commission shall give highest priority to
17 programs that train people to enter high-skill, high-wage
18 occupations identified by the occupational forecasting
19 conference and other programs approved by the Jobs and
20 Education Partnership; programs that train people to enter
21 occupations on the WAGES list; or programs that train for the
22 workforce adults who are eligible for public assistance,
23 economically disadvantaged, disabled, not proficient in
24 English, or dislocated workers. The commission shall consider
25 the statewide geographic dispersion of grant funds in ranking
26 the applications and shall give priority to applications from
27 education agencies that are making maximum use of their
28 workforce development funding by offering high-performing,
29 high-demand programs.
30 Section 5. Subsection (11) is added to section
31 240.1201, Florida Statutes, to read:
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1 240.1201 Determination of resident status for tuition
2 purposes.--Students shall be classified as residents or
3 nonresidents for the purpose of assessing tuition fees in
4 public community colleges and universities.
5 (11) The State Board of Education is authorized to
6 adopt rules regarding the classification of students as
7 residents or nonresidents for tuition purposes to implement
8 the provisions of this section.
9 Section 6. Section 240.152, Florida Statutes, is
10 amended to read:
11 240.152 Individuals who have disabilities Impaired and
12 learning disabled persons; admission to postsecondary
13 institutions; substitute requirements; rules.--Any person who
14 is hearing impaired, visually impaired, speech impaired, or
15 otherwise physically impaired, or dyslexic, or who has a
16 specific learning disability, or who has a physical or mental
17 impairment as defined in State Board of Education rule, shall
18 be eligible for reasonable substitution for any requirement
19 for admission to a state university, community college, or
20 other postsecondary degree career education institution where
21 documentation can be provided that the person's failure to
22 meet the admission requirement is related to the disability.
23 The State Board of Education, the Board of Regents, and the
24 State Board of Community Colleges shall adopt rules to
25 implement this section and shall develop substitute admission
26 requirements where appropriate.
27 Section 7. Section 240.153, Florida Statutes, is
28 amended to read:
29 240.153 Individuals who have disabilities Impaired and
30 learning disabled persons; graduation, study program
31 admission, and upper-division entry; substitute requirements;
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1 rules.--Any student in a state university, community college,
2 or other postsecondary degree career education institution who
3 is hearing impaired, visually impaired, speech impaired, or
4 otherwise physically impaired, or dyslexic, or who has a
5 specific learning disability, or who has a physical or mental
6 impairment as defined in State Board of Education rule, shall
7 be eligible for reasonable substitution for any requirement
8 for graduation, for admission into a program of study, or for
9 entry into upper division where documentation can be provided
10 that the person's failure to meet the requirement is related
11 to the disability and where the failure to meet the graduation
12 requirement or program admission requirement does not
13 constitute a fundamental alteration in the nature of the
14 program. The State Board of Education, the Board of Regents,
15 and the State Board of Community Colleges shall adopt rules to
16 implement this section and shall develop substitute
17 requirements where appropriate.
18 Section 8. Paragraphs (g) and (j) of subsection (3),
19 paragraph (c) of subsection (5), and paragraph (d) of
20 subsection (8) of section 240.311, Florida Statutes, are
21 amended to read:
22 240.311 State Board of Community Colleges; powers and
23 duties.--
24 (3) The State Board of Community Colleges shall:
25 (g) Specify, by rule, Recommend to the State Board of
26 Education minimum standards for the operation of each
27 community college as required in s. 240.325, which standards
28 may include, but are not limited to, general qualifications of
29 personnel, budgeting, accounting and financial procedures,
30 educational programs, student admissions and services, and
31 community services.
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1 (j) Establish, by rule, criteria for making
2 recommendations relative to modifying district boundary lines
3 and for making recommendations upon all proposals for the
4 establishment of additional centers, instructional sites,
5 special purpose centers, or campuses for community colleges.
6 (5) The State Board of Community Colleges is
7 responsible for reviewing and administering the state program
8 of support for the Florida Community College System and,
9 subject to existing law, shall:
10 (c) Provide for and coordinate implementation of the
11 community college program fund in accordance with provisions
12 of ss. 240.359 and 240.323 and in accordance with rules of the
13 State Board of Community Colleges Education.
14 (8)
15 (d) By December 31, 1999, and annually thereafter, the
16 State Board of Community Colleges shall report on the
17 implementation of this section to the Speaker of the House of
18 Representatives and the President of the Senate.
19 Section 9. Section 240.321, Florida Statutes, is
20 amended to read:
21 240.321 Community college district board of trustees;
22 rules for admissions of students.--The board of trustees shall
23 make rules governing admissions of students. These rules
24 shall include the following:
25 (1) Admissions counseling shall be provided to all
26 students entering college credit programs, which counseling
27 shall utilize tests to measure achievement of college-level
28 communication and computation competencies by all students
29 entering college credit programs.
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1 (2) Admission to associate degree programs is subject
2 to minimum standards adopted by the State Board of Education
3 and shall require:
4 (a) A standard high school diploma, a high school
5 equivalency diploma as prescribed in s. 229.814, previously
6 demonstrated competency in college credit postsecondary
7 coursework, or, in the case of a student who is home educated,
8 a signed affidavit submitted by the student's parent or legal
9 guardian attesting that the student has completed a home
10 education program pursuant to the requirements of s. 232.0201.
11 Students who are enrolled in a dual enrollment or early
12 admission program pursuant to s. 240.116 and secondary
13 students enrolled in college-level instruction creditable
14 toward the associate degree, but not toward the high school
15 diploma, shall be exempt from this requirement.
16 (b) A demonstrated level of achievement of
17 college-level communication and computation skills. Students
18 entering a postsecondary education program within 2 years of
19 graduation from high school with an earned college-ready
20 diploma issued pursuant to s. 232.2466 shall be exempt from
21 this testing requirement.
22 (c) Any other requirements established by the board of
23 trustees.
24 (3) Admission to other programs within the community
25 college shall include education requirements as established by
26 the board of trustees.
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28 Each board of trustees shall include in the college catalog
29 notification that private providers for remediation may be
30 available to the student. Each board of trustees shall
31 establish policies that notify students about, and place
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1 students into, adult basic education, adult secondary
2 education, or other instructional programs that provide
3 students with alternatives to traditional college-preparatory
4 instruction, including private provider instruction. Such
5 notification shall include a written listing or a prominent
6 display of information on alternative remedial options that
7 must be available to each student who scores below college
8 level in any area on the common placement test. The list or
9 display shall include, but is not limited to, options provided
10 by the community college, adult education programs, and
11 programs provided by private sector providers. The college
12 shall not endorse, recommend, evaluate, or rank any of the
13 providers. The list of providers or the display materials
14 shall include all those providers that request to be included.
15 The written list must provide students with specific contact
16 information and disclose the full costs of the course tuition,
17 laboratory fees, and instructional materials of each option
18 listed. A student who elects a private provider for remedial
19 instruction is entitled to enroll in up to 12 credits of
20 college-level courses in skill areas other than those for
21 which the student is being remediated. A student is prohibited
22 from enrolling in additional college-level courses until the
23 student scores above the cut-score on all sections of the
24 common placement test.
25 Section 10. Section 240.325, Florida Statutes, is
26 amended to read:
27 240.325 Minimum standards, definitions, and guidelines
28 for community colleges.--Subject to the provisions of s.
29 240.311(2), the State Board of Community Colleges Education
30 shall prescribe, by rule, minimum standards, definitions, and
31 guidelines for community colleges and the Division of
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1 Community Colleges which will assure the quality of education,
2 systemwide coordination, and efficient progress toward
3 attainment of the community college mission. The State Board
4 of Community Colleges shall adopt rules addressing At a
5 minimum, these rules must address:
6 (1) Personnel.
7 (2) Contracting.
8 (3) Program offerings and classification including
9 college-level communication and computation skills associated
10 with successful performance in college, with tests and other
11 assessment procedures which measure student achievement of
12 those skills. The performance measures shall provide that
13 students moving from one level of education to the next
14 acquire the necessary competencies for that level.
15 (4) Provisions for curriculum development, graduation
16 requirements, accreditation, college calendars, and program
17 service areas. These provisions shall include rules that:
18 (a) Provide for the award of an associate in arts
19 degree to a student who successfully completes 60 semester
20 credit hours at the community college.
21 (b) Require all of the credits accepted for the
22 associate in arts degree to be in the common course numbering
23 and designation system as credits toward a baccalaureate
24 degree offered by a university in the State University System.
25 (c) Require no more than 36 semester credit hours in
26 general education courses in the subject areas of
27 communication, mathematics, social sciences, humanities, and
28 natural sciences.
29 (d) Provide for procedures for student withdrawal and
30 grade forgiveness.
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1 The rules should encourage community colleges to enter into
2 agreements with universities which allow community college
3 students to complete upper-division-level courses at a
4 community college. An agreement may provide for concurrent
5 enrollment at the community college and the university,
6 authority for the community college to offer an
7 upper-division-level course, or distance learning.
8 (5) Student admissions, conduct and discipline,
9 nonclassroom activities, and fees.
10 (6) Budgeting.
11 (7) Business and financial matters.
12 (8) Student services.
13 (9) Reports, surveys, and information systems,
14 including forms and dates of submission.
15 Section 11. Subsection (3) of section 240.3341,
16 Florida Statutes, is amended to read:
17 240.3341 Incubator facilities for small business
18 concerns.--
19 (3)(a) The incubator facility and any improvements to
20 the facility shall be owned or leased by the community
21 college. The community college may charge residents of the
22 facility all or part of the cost for facilities, utilities,
23 and support personnel and equipment. No small business
24 concern shall reside in the incubator facility for more than 5
25 calendar years. The state shall not be liable for any act or
26 failure to act of any small business concern residing in an
27 incubator facility pursuant to this section or of any such
28 concern benefiting from the incubator facilities program.
29 (b) Notwithstanding any provision of paragraph (a) to
30 the contrary, and for the 1999-2000 fiscal year only, the
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1 incubator facility may be leased by the community college.
2 This paragraph is repealed on July 1, 2000.
3 Section 12. Subsections (7) and (10) of section
4 240.35, Florida Statutes, are amended to read:
5 240.35 Student fees.--Unless otherwise provided, the
6 provisions of this section apply only to fees charged for
7 college credit instruction leading to an associate in arts
8 degree, an associate in applied science degree, or an
9 associate in science degree and noncollege credit
10 college-preparatory courses defined in s. 239.105.
11 (7) Each community college board of trustees shall
12 establish matriculation and tuition fees, which may vary no
13 more than 10 percent below and 15 percent above the fee
14 schedule adopted by the State Board of Community Colleges.,
15 provided that Any amount from 10 to 15 percent above the fee
16 schedule must be expended solely is used only to support
17 additional safety and security purposes and shall not supplant
18 funding expended in the prior year's budget for safety and
19 security purposes. In order to assess an additional amount for
20 safety and security purposes, a community college board of
21 trustees must provide written justification to the State Board
22 of Community Colleges based on criteria approved by the local
23 board of trustees, including but not limited to criteria such
24 as local crime data and information, and strategies for the
25 implementation of local safety plans. For 1999-2000, each
26 community college is authorized to increase the sum of the
27 matriculation fee and technology fee by not more than 5
28 percent of the sum of the matriculation and local safety and
29 security fees in 1998-1999. However, no fee in 1999-2000 shall
30 exceed the prescribed statutory limit. Should a college decide
31 to increase the matriculation fee, the funds raised by
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1 increasing the matriculation fee must be expended solely for
2 additional safety and security purposes and shall not supplant
3 funding expended in the 1998-1999 budget for safety and
4 security purposes.
5 (10) Each community college district board of trustees
6 may establish a separate activity and service fee not to
7 exceed 10 percent of the matriculation fee, according to rules
8 of the State Board of Education. The student activity and
9 service fee shall be collected as a component part of the
10 registration and tuition fees. The student activity and
11 service fees shall be paid into a student activity and service
12 fund at the community college and shall be expended for lawful
13 purposes to directly benefit the student body in general.
14 These purposes include, but are not limited to, student
15 publications and grants to duly recognized student
16 organizations, the membership of which is open to all students
17 at the community college without regard to race, sex, or
18 religion.
19 Section 13. Paragraph (c) of subsection (1) of section
20 240.359, Florida Statutes, is amended to read:
21 240.359 Procedure for determining state financial
22 support and annual apportionment of state funds to each
23 community college district.--The procedure for determining
24 state financial support and the annual apportionment to each
25 community college district authorized to operate a community
26 college under the provisions of s. 240.313 shall be as
27 follows:
28 (1) DETERMINING THE AMOUNT TO BE INCLUDED IN THE STATE
29 COMMUNITY COLLEGE PROGRAM FUND FOR THE CURRENT OPERATING
30 PROGRAM.--
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1 (c) If a student enrolls in any course that he or she
2 has previously taken, unless it is a credit course in which
3 the student earned a grade of D or F, the hours shall not be
4 used in the calculation of full-time equivalent enrollments
5 for state funding purposes. The category of lifelong learning
6 is for students enrolled pursuant to s. 239.301. A student
7 shall also be reported as a lifelong learning student for his
8 or her enrollment in any course that he or she has previously
9 taken, unless it is a credit course in which the student
10 earned a grade of D or F.
11 Section 14. This act shall take effect July 1, 2000.
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