House Bill 2283e1

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                                          HB 2283, First Engrossed



  1                      A bill to be entitled

  2         An act relating to postsecondary education

  3         institutions; amending s. 239.115, F.S.;

  4         establishing legislative intent that funding

  5         formulas not penalize institutions for certain

  6         actions; workforce development education

  7         programs; amending s. 239.117, F.S., relating

  8         to workforce development postsecondary student

  9         fees; revising a limitation on the total value

10         of fee waivers; revising the date by which the

11         Commissioner of Education must provide a fee

12         schedule; deleting obsolete language; requiring

13         each school board or community college district

14         board of trustees to determine the method for

15         distributing certain awards; deleting a

16         provision that limits technology fees to

17         associate degree programs and courses;

18         authorizing school boards and community college

19         boards of trustees to establish technology and

20         financial aid fees; amending s. 239.213, F.S.,

21         relating to vocational preparatory instruction;

22         requiring students who enroll in certificate

23         career education programs of 450 hours or more

24         to complete an entry-level examination within a

25         certain period of time; revising provisions

26         relating to exceptional students to conform

27         with federal requirements; amending s. 239.514,

28         F.S., relating to the workforce development

29         capitalization incentive grant program;

30         authorizing the use of such funds to upgrade

31         workforce development programs; amending s.


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                                          HB 2283, First Engrossed



  1         240.1201, F.S.; authorizing the State Board of

  2         Education to classify students as residents or

  3         nonresidents for tuition purposes; amending ss.

  4         240.152 and 240.153, F.S.; conforming

  5         provisions relating to students with

  6         disabilities with federal requirements;

  7         requiring the State Board of Education to

  8         define "physical or mental impairment" by rule;

  9         amending s. 240.311, F.S.; revising the role of

10         the State Board of Community Colleges in

11         rulemaking; providing specific rulemaking

12         authority; amending s. 240.321, F.S.;

13         clarifying requirements regarding the provision

14         of adequate information on remediation courses;

15         amending s. 240.325, F.S.; requiring the State

16         Board of Community Colleges, rather than the

17         State Board of Education, to adopt rules;

18         requiring the adoption of rules to address

19         accreditation, student withdrawal, and grade

20         forgiveness; amending s. 240.3341, F.S.;

21         authorizing community colleges to lease

22         incubator facilities; deleting obsolete

23         language; amending s. 240.35, F.S., relating to

24         student fees; deleting obsolete and redundant

25         language; amending s. 240.359, F.S.;

26         prohibiting the inclusion of certain hours in

27         calculations of full-time equivalent

28         enrollments; eliminating provisions relating to

29         funding for the category of lifelong learning;

30         providing one year performance exemptions for

31


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                                          HB 2283, First Engrossed



  1         new and expanded workforce development

  2         programs; providing an effective date.

  3

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

  5

  6         Section 1.  Subsection (9) of section 239.115, Florida

  7  Statutes, is amended to read:

  8         239.115  Funds for operation of adult general education

  9  and vocational education programs.--

10         (9)  The Department of Education, the State Board of

11  Community Colleges, and the Jobs and Education Partnership

12  shall provide the Legislature with recommended formulas,

13  criteria, timeframes, and mechanisms for distributing

14  performance funds. The commissioner shall consolidate the

15  recommendations and develop a consensus proposal for funding.

16  The Legislature shall adopt a formula and distribute the

17  performance funds to the Division of Community Colleges and

18  the Division of Workforce Development through the General

19  Appropriations Act. The Legislature recognizes that community

20  colleges and school districts must provide programs that are

21  current and meet the demands of business and industry.

22  Therefore, the Legislature intends that the funding formula

23  set forth in this section not penalize institutions which

24  convert out-of-date or low demand programs into high

25  skill/high wage programs as identified by the State Workforce

26  Development Board.  The Legislature also intends that

27  performance exemptions be granted to institutions that start

28  new or significantly expand existing workforce development

29  education programs for a period not to exceed 2 years from the

30  implementation of the new or significantly expanded program.

31  These recommendations shall be based on formulas that would


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                                          HB 2283, First Engrossed



  1  discourage low-performing or low-demand programs and encourage

  2  through performance-funding awards:

  3         (a)  Programs that prepare people to enter high-wage

  4  occupations identified by the Occupational Forecasting

  5  Conference created by s. 216.136 and other programs as

  6  approved by the Jobs and Education Partnership. At a minimum,

  7  performance incentives shall be calculated for adults who

  8  reach completion points or complete programs that lead to

  9  specified high-wage employment and to their placement in that

10  employment.

11         (b)  Programs that successfully prepare adults who are

12  eligible for public assistance, economically disadvantaged,

13  disabled, not proficient in English, or dislocated workers for

14  high-wage occupations.  At a minimum, performance incentives

15  shall be calculated at an enhanced value for the completion of

16  adults identified in this paragraph and job placement of such

17  adults upon completion. In addition, adjustments may be made

18  in payments for job placements for areas of high unemployment.

19         (c)  Programs identified by the Jobs and Education

20  Partnership as increasing the effectiveness and cost

21  efficiency of education.

22         Section 2.  Subsections (5), (8), and (18) and

23  paragraph (a) of subsection (6) of section 239.117, Florida

24  Statutes, are amended, to read:

25         239.117  Workforce development postsecondary student

26  fees.--

27         (5)  School districts and community colleges may waive

28  fees for any fee-nonexempt student. The total value of fee

29  waivers granted by the school district or community college

30  may not exceed 8 percent of the district's or community

31  college's postsecondary vocational certificate program


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                                          HB 2283, First Engrossed



  1  enrollment hours unless otherwise indicated by an the amount

  2  established annually in the General Appropriations Act. Any

  3  student whose fees are waived in excess of the authorized

  4  amount may not be reported for state funding purposes. Any

  5  school district or community college that waives fees and

  6  requests state funding for a student in violation of the

  7  provisions of this section shall be penalized at a rate equal

  8  to 2 times the value of the full-time student enrollment

  9  reported.

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

11  the State Board of Education no later than January December 31

12  of each year a schedule of fees for workforce development

13  education, excluding continuing workforce education, for

14  school districts and community colleges. The fee schedule

15  shall be based on the amount of student fees necessary to

16  produce 25 percent of the prior year's average cost of a

17  course of study leading to a certificate or diploma. At the

18  discretion of a school board or a community college, this fee

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

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

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

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

23  designed to lessen their impact upon students already

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

25  purposes must offset the full cost of instruction.

26  Fee-nonexempt students enrolled in vocational-preparatory

27  instruction shall be charged fees equal to the fees charged

28  for certificate career education instruction. Each community

29  college that conducts college-preparatory and

30  vocational-preparatory instruction in the same class section

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


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                                          HB 2283, First Engrossed



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

  2  trustees may establish a separate additional fee for financial

  3  aid purposes and a separate additional fee for technology,

  4  which in sum do not exceed 10 percent of the base

  5  matriculation fee assessed for workforce development programs

  6  funded through the Workforce Development Education Fund.  Each

  7  school board and community college board of trustees may also

  8  establish additional financial aid and technology fees for

  9  non-resident students, which in sum do not exceed 10 percent

10  of the base tuition fee assessed for workforce development

11  programs funded through the Workforce Development Education

12  Fund.  When established, fees shall be assessed pursuant to

13  the following criteria:

14         (a)  Each school board and community college board of

15  trustees may establish a separate fee for financial aid

16  purposes in an additional amount of up to 10 percent of the

17  student fees collected for workforce development programs

18  funded through the Workforce Development Education Fund.  All

19  financial aid fees collected shall be deposited into a

20  separate workforce development student financial aid fee trust

21  fund of the district or community college to support students

22  enrolled in workforce development programs. Any undisbursed

23  balance remaining in the trust fund and interest income

24  accruing to investments from the trust fund shall increase the

25  total funds available for distribution to workforce

26  development education students. Awards shall be based on

27  student financial need and distributed in accordance with a

28  nationally recognized system of need analysis, as established

29  by each school board or community college district board of

30  trustees approved by the State Board for Career Education.

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                                          HB 2283, First Engrossed



  1  Fees collected pursuant to this paragraph subsection shall be

  2  allocated in an expeditious manner.

  3         (b)(18)  Technology fee revenues must be expended in

  4  accordance with technology improvement plans related to

  5  vocational certificate programs and shall not supplant funding

  6  expended in the prior year's budget for these purposes. Each

  7  district school board and community college district board of

  8  trustees is authorized to establish a separate fee for

  9  technology, not to exceed $1.80 per credit hour or credit-hour

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

11  credit hour or credit-hour equivalent for nonresident

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

13  technology improvement plans. The technology fee may apply

14  only to associate degree programs and courses. Fifty percent

15  of technology fee revenues may be pledged by a community

16  college board of trustees as a dedicated revenue source for

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

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

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

20         Section 3.  Subsections (2) and (3) of section 239.213,

21  Florida Statutes, are amended to read:

22         239.213  Vocational-preparatory instruction.--

23         (2)  Students who enroll in a certificate career

24  education program of 450 hours or more shall complete an

25  entry-level examination within the first 6 weeks of admission

26  into the program.  The state board shall designate

27  examinations that are currently in existence, the results of

28  which are comparable across institutions, to assess student

29  mastery of basic skills. Any student deemed to lack a minimal

30  level of basic skills for such program shall be referred to

31  vocational-preparatory instruction or adult basic education


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                                          HB 2283, First Engrossed



  1  for a structured program of basic skills instruction. Such

  2  instruction may include English for speakers of other

  3  languages.  A student may not receive a certificate of

  4  vocational program completion prior to demonstrating the basic

  5  skills required in the state curriculum frameworks for the

  6  vocational program.

  7         (3)  Any student with disabilities who meets the

  8  criteria established in s. 240.152 or s. 240.153 Exceptional

  9  students, as defined in s. 228.041, may be exempted from the

10  provisions of this section.  A student who possesses an

11  associate in arts, baccalaureate, or graduate-level degree,

12  who has completed the college-level communication and

13  computation skills examination pursuant to s. 240.107, or who

14  is exempt from the college entry-level examination pursuant to

15  s. 240.107 may be exempted from the provisions of this

16  section. Pursuant to 29 C.F.R. part 30, students in registered

17  apprenticeship programs may also be exempted from the

18  provisions of this section.

19         Section 4.  Section 239.514, Florida Statutes, is

20  amended to read:

21         239.514  Workforce Development Capitalization Incentive

22  Grant Program.--The Legislature recognizes that the need for

23  school districts and community colleges to be able to respond

24  to emerging local or statewide economic development needs is

25  critical to the workforce development system. The Workforce

26  Development Capitalization Incentive Grant Program is created

27  to provide grants to school districts and community colleges

28  on a competitive basis to fund some or all of the costs

29  associated with the creation or expansion of workforce

30  development programs that serve specific employment workforce

31  needs. Funds may also be used to upgrade workforce development


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                                          HB 2283, First Engrossed



  1  programs to established industry standards in accordance with

  2  program updates conducted by the Division of Community

  3  Colleges and the Division of Workforce Development.

  4         (1)  Funds awarded for a workforce development

  5  capitalization incentive grant may be used for instructional

  6  equipment, laboratory equipment, supplies, personnel, student

  7  services, or other expenses associated with the creation,

  8  upgrade, or expansion of a workforce development program.

  9  Expansion of a program may include either the expansion of

10  enrollments in a program or expansion into new areas of

11  specialization within a program. No grant funds may be used

12  for recurring instructional costs or for institutions'

13  indirect costs.

14         (2)  The Postsecondary Education Planning Commission

15  shall accept applications from school districts or community

16  colleges for workforce development capitalization incentive

17  grants. Applications from school districts or community

18  colleges shall contain projected enrollments and projected

19  costs for the new or expanded workforce development program.

20  The Postsecondary Education Planning Commission, in

21  consultation with the Jobs and Education Partnership, the

22  Department of Education, and the State Board of Community

23  Colleges, shall review and rank each application for a grant

24  according to subsection (3) and shall submit to the

25  Legislature a list in priority order of applications

26  recommended for a grant award.

27         (3)  The commission shall give highest priority to

28  programs that train people to enter high-skill, high-wage

29  occupations identified by the occupational forecasting

30  conference and other programs approved by the Jobs and

31  Education Partnership; programs that train people to enter


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                                          HB 2283, First Engrossed



  1  occupations on the WAGES list; or programs that train for the

  2  workforce adults who are eligible for public assistance,

  3  economically disadvantaged, disabled, not proficient in

  4  English, or dislocated workers. The commission shall consider

  5  the statewide geographic dispersion of grant funds in ranking

  6  the applications and shall give priority to applications from

  7  education agencies that are making maximum use of their

  8  workforce development funding by offering high-performing,

  9  high-demand programs.

10         Section 5.  Subsection (11) is added to section

11  240.1201, Florida Statutes, to read:

12         240.1201  Determination of resident status for tuition

13  purposes.--Students shall be classified as residents or

14  nonresidents for the purpose of assessing tuition fees in

15  public community colleges and universities.

16         (11)  The State Board of Education is authorized to

17  adopt rules regarding the classification of students as

18  residents or nonresidents for tuition purposes to implement

19  the provisions of this section.

20         Section 6.  Section 240.152, Florida Statutes, is

21  amended to read:

22         240.152  Individuals who have disabilities Impaired and

23  learning disabled persons; admission to postsecondary

24  institutions; substitute requirements; rules.--Any person who

25  is hearing impaired, visually impaired, speech impaired, or

26  otherwise physically impaired, or dyslexic, or who has a

27  specific learning disability, or who has a physical or mental

28  impairment as defined in State Board of Education rule, shall

29  be eligible for reasonable substitution for any requirement

30  for admission to a state university, community college, or

31  other postsecondary degree career education institution where


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                                          HB 2283, First Engrossed



  1  documentation can be provided that the person's failure to

  2  meet the admission requirement is related to the disability.

  3  The State Board of Education, the Board of Regents, and the

  4  State Board of Community Colleges shall adopt rules to

  5  implement this section and shall develop substitute admission

  6  requirements where appropriate.

  7         Section 7.  Section 240.153, Florida Statutes, is

  8  amended to read:

  9         240.153  Individuals who have disabilities Impaired and

10  learning disabled persons; graduation, study program

11  admission, and upper-division entry; substitute requirements;

12  rules.--Any student in a state university, community college,

13  or other postsecondary degree career education institution 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 graduation, for admission into a program of study, or for

20  entry into upper division where documentation can be provided

21  that the person's failure to meet the requirement is related

22  to the disability and where the failure to meet the graduation

23  requirement or program admission requirement does not

24  constitute a fundamental alteration in the nature of the

25  program. The State Board of Education, the Board of Regents,

26  and the State Board of Community Colleges shall adopt rules to

27  implement this section and shall develop substitute

28  requirements where appropriate.

29         Section 8.  Paragraphs (g) and (j) of subsection (3),

30  paragraph (c) of subsection (5), and paragraph (d) of

31


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                                          HB 2283, First Engrossed



  1  subsection (8) of section 240.311, Florida Statutes, are

  2  amended to read:

  3         240.311  State Board of Community Colleges; powers and

  4  duties.--

  5         (3)  The State Board of Community Colleges shall:

  6         (g)  Specify, by rule, Recommend to the State Board of

  7  Education minimum standards for the operation of each

  8  community college as required in s. 240.325, which standards

  9  may include, but are not limited to, general qualifications of

10  personnel, budgeting, accounting and financial procedures,

11  educational programs, student admissions and services, and

12  community services.

13         (j)  Establish, by rule, criteria for making

14  recommendations relative to modifying district boundary lines

15  and for making recommendations upon all proposals for the

16  establishment of additional centers, instructional sites,

17  special purpose centers, or campuses for community colleges.

18         (5)  The State Board of Community Colleges is

19  responsible for reviewing and administering the state program

20  of support for the Florida Community College System and,

21  subject to existing law, shall:

22         (c)  Provide for and coordinate implementation of the

23  community college program fund in accordance with provisions

24  of ss. 240.359 and 240.323 and in accordance with rules of the

25  State Board of Community Colleges Education.

26         (8)

27         (d)  By December 31, 1999, and annually thereafter, the

28  State Board of Community Colleges shall report on the

29  implementation of this section to the Speaker of the House of

30  Representatives and the President of the Senate.

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                                          HB 2283, First Engrossed



  1         Section 9.  Section 240.321, Florida Statutes, is

  2  amended to read:

  3         240.321  Community college district board of trustees;

  4  rules for admissions of students.--The board of trustees shall

  5  make rules governing admissions of students.  These rules

  6  shall include the following:

  7         (1)  Admissions counseling shall be provided to all

  8  students entering college credit programs, which counseling

  9  shall utilize tests to measure achievement of college-level

10  communication and computation competencies by all students

11  entering college credit programs.

12         (2)  Admission to associate degree programs is subject

13  to minimum standards adopted by the State Board of Education

14  and shall require:

15         (a)  A standard high school diploma, a high school

16  equivalency diploma as prescribed in s. 229.814, previously

17  demonstrated competency in college credit postsecondary

18  coursework, or, in the case of a student who is home educated,

19  a signed affidavit submitted by the student's parent or legal

20  guardian attesting that the student has completed a home

21  education program pursuant to the requirements of s. 232.0201.

22  Students who are enrolled in a dual enrollment or early

23  admission program pursuant to s. 240.116 and secondary

24  students enrolled in college-level instruction creditable

25  toward the associate degree, but not toward the high school

26  diploma, shall be exempt from this requirement.

27         (b)  A demonstrated level of achievement of

28  college-level communication and computation skills. Students

29  entering a postsecondary education program within 2 years of

30  graduation from high school with an earned college-ready

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                                          HB 2283, First Engrossed



  1  diploma issued pursuant to s. 232.2466 shall be exempt from

  2  this testing requirement.

  3         (c)  Any other requirements established by the board of

  4  trustees.

  5         (3)  Admission to other programs within the community

  6  college shall include education requirements as established by

  7  the board of trustees.

  8

  9  Each board of trustees shall establish policies that notify

10  students about, and place students into, adult basic

11  education, adult secondary education, or other instructional

12  programs that provide students with alternatives to

13  traditional college-preparatory instruction, including private

14  provider instruction. Such notification shall include a

15  written listing or a prominent display of information on

16  alternative remedial options that must be available to each

17  student who scores below college level in any area on the

18  common placement test. The list or display shall include, but

19  is not limited to, options provided by the community college,

20  adult education programs, and programs provided by private

21  sector providers. The college shall not endorse, recommend,

22  evaluate, or rank any of the providers. The list of providers

23  or the display materials shall include all those providers

24  that request to be included. The written list must provide

25  students with specific contact information and disclose the

26  full costs of the course tuition, laboratory fees, and

27  instructional materials of each option listed. A student who

28  elects a private provider for remedial instruction is entitled

29  to enroll in up to 12 credits of college-level courses in

30  skill areas other than those for which the student is being

31  remediated. A student is prohibited from enrolling in


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                                          HB 2283, First Engrossed



  1  additional college-level courses until the student scores

  2  above the cut-score on all sections of the common placement

  3  test.

  4         Section 10.  Section 240.325, Florida Statutes, is

  5  amended to read:

  6         240.325  Minimum standards, definitions, and guidelines

  7  for community colleges.--Subject to the provisions of s.

  8  240.311(2), the State Board of Community Colleges Education

  9  shall prescribe, by rule, minimum standards, definitions, and

10  guidelines for community colleges and the Division of

11  Community Colleges which will assure the quality of education,

12  systemwide coordination, and efficient progress toward

13  attainment of the community college mission. The State Board

14  of Community Colleges shall adopt rules addressing At a

15  minimum, these rules must address:

16         (1)  Personnel.

17         (2)  Contracting.

18         (3)  Program offerings and classification including

19  college-level communication and computation skills associated

20  with successful performance in college, with tests and other

21  assessment procedures which measure student achievement of

22  those skills. The performance measures shall provide that

23  students moving from one level of education to the next

24  acquire the necessary competencies for that level.

25         (4)  Provisions for curriculum development, graduation

26  requirements, accreditation, college calendars, and program

27  service areas.  These provisions shall include rules that:

28         (a)  Provide for the award of an associate in arts

29  degree to a student who successfully completes 60 semester

30  credit hours at the community college.

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                                          HB 2283, First Engrossed



  1         (b)  Require all of the credits accepted for the

  2  associate in arts degree to be in the common course numbering

  3  and designation system as credits toward a baccalaureate

  4  degree offered by a university in the State University System.

  5         (c)  Require no more than 36 semester credit hours in

  6  general education courses in the subject areas of

  7  communication, mathematics, social sciences, humanities, and

  8  natural sciences.

  9         (d)  Provide for procedures for student withdrawal and

10  grade forgiveness.

11

12  The rules should encourage community colleges to enter into

13  agreements with universities which allow community college

14  students to complete upper-division-level courses at a

15  community college.  An agreement may provide for concurrent

16  enrollment at the community college and the university,

17  authority for the community college to offer an

18  upper-division-level course, or distance learning.

19         (5)  Student admissions, conduct and discipline,

20  nonclassroom activities, and fees.

21         (6)  Budgeting.

22         (7)  Business and financial matters.

23         (8)  Student services.

24         (9)  Reports, surveys, and information systems,

25  including forms and dates of submission.

26         Section 11.  Subsection (3) of section 240.3341,

27  Florida Statutes, is amended to read:

28         240.3341  Incubator facilities for small business

29  concerns.--

30         (3)(a)  The incubator facility and any improvements to

31  the facility shall be owned or leased by the community


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                                          HB 2283, First Engrossed



  1  college.  The community college may charge residents of the

  2  facility all or part of the cost for facilities, utilities,

  3  and support personnel and equipment.  No small business

  4  concern shall reside in the incubator facility for more than 5

  5  calendar years.  The state shall not be liable for any act or

  6  failure to act of any small business concern residing in an

  7  incubator facility pursuant to this section or of any such

  8  concern benefiting from the incubator facilities program.

  9         (b)  Notwithstanding any provision of paragraph (a) to

10  the contrary, and for the 1999-2000 fiscal year only, the

11  incubator facility may be leased by the community college.

12  This paragraph is repealed on July 1, 2000.

13         Section 12.  Subsections (7) and (10) of section

14  240.35, Florida Statutes, are amended to read:

15         240.35  Student fees.--Unless otherwise provided, the

16  provisions of this section apply only to fees charged for

17  college credit instruction leading to an associate in arts

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

19  associate in science degree and noncollege credit

20  college-preparatory courses defined in s. 239.105.

21         (7)  Each community college board of trustees shall

22  establish matriculation and tuition fees, which may vary no

23  more than 10 percent below and 15 percent above the fee

24  schedule adopted by the State Board of Community Colleges.,

25  provided that Any amount from 10 to 15 percent above the fee

26  schedule must be expended solely is used only to support

27  additional safety and security purposes and shall not supplant

28  funding expended in the prior year's budget for safety and

29  security purposes. In order to assess an additional amount for

30  safety and security purposes, a community college board of

31  trustees must provide written justification to the State Board


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                                          HB 2283, First Engrossed



  1  of Community Colleges based on criteria approved by the local

  2  board of trustees, including but not limited to criteria such

  3  as local crime data and information, and strategies for the

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

  5  community college is authorized to increase the sum of the

  6  matriculation fee and technology fee by not more than 5

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

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

  9  exceed the prescribed statutory limit. Should a college decide

10  to increase the matriculation fee, the funds raised by

11  increasing the matriculation fee must be expended solely for

12  additional safety and security purposes and shall not supplant

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

14  security purposes.

15         (10)  Each community college district board of trustees

16  may establish a separate activity and service fee not to

17  exceed 10 percent of the matriculation fee, according to rules

18  of the State Board of Education.  The student activity and

19  service fee shall be collected as a component part of the

20  registration and tuition fees. The student activity and

21  service fees shall be paid into a student activity and service

22  fund at the community college and shall be expended for lawful

23  purposes to directly benefit the student body in general.

24  These purposes include, but are not limited to, student

25  publications and grants to duly recognized student

26  organizations, the membership of which is open to all students

27  at the community college without regard to race, sex, or

28  religion.

29         Section 13.  Paragraph (c) of subsection (1) of section

30  240.359, Florida Statutes, is amended to read:

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






                                          HB 2283, First Engrossed



  1         240.359  Procedure for determining state financial

  2  support and annual apportionment of state funds to each

  3  community college district.--The procedure for determining

  4  state financial support and the annual apportionment to each

  5  community college district authorized to operate a community

  6  college under the provisions of s. 240.313 shall be as

  7  follows:

  8         (1)  DETERMINING THE AMOUNT TO BE INCLUDED IN THE STATE

  9  COMMUNITY COLLEGE PROGRAM FUND FOR THE CURRENT OPERATING

10  PROGRAM.--

11         (c)  If a student enrolls in any course that he or she

12  has previously taken, unless it is a credit course in which

13  the student earned a grade of D or F, the hours shall not be

14  used in the calculation of full-time equivalent enrollments

15  for state funding purposes. The category of lifelong learning

16  is for students enrolled pursuant to s. 239.301.  A student

17  shall also be reported as a lifelong learning student for his

18  or her enrollment in any course that he or she has previously

19  taken, unless it is a credit course in which the student

20  earned a grade of D or F.

21         Section 14.  For fiscal year 2001-2002, up to 10

22  percent of each community college's and school district's

23  total state funding for workforce development education

24  programs, pursuant to s. 239.115, may be exempted by the State

25  Workforce Board from the performance requirements of

26  subsection (7) of s. 239.115 based on the implementation of

27  new programs and the expansion of existing programs targeted

28  by the board.

29         Section 15.  This act shall take effect July 1, 2000.

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