Senate Bill 2300c1

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    Florida Senate - 2000                           CS for SB 2300

    By the Committee on Commerce and Economic Opportunities; and
    Senator Diaz-Balart




    310-2033-00

  1                      A bill to be entitled

  2         An act relating to community colleges; amending

  3         s. 239.117, F.S., relating to workforce

  4         development postsecondary student fees;

  5         decreasing financial aid fee amounts;

  6         conforming provisions relating to fee waivers;

  7         extending technology and student activity

  8         service fees to workforce students; amending s.

  9         240.35, F.S., relating to fees for

10         college-credit courses; clarifying increased

11         matriculation fees for safety and security

12         purposes; providing an effective date.

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

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16         Section 1.  Subsections (5), (6), (8), and (18) of

17  section 239.117, Florida Statutes, are amended to read:

18         239.117  Workforce development postsecondary student

19  fees.--

20         (5)  School districts and community colleges may waive

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

22  waivers granted by the school district or community college

23  may not exceed 8 percent of the district's or college's

24  postsecondary vocational certificate program enrollment hours

25  or an the amount established annually in the General

26  Appropriations Act. Any student whose fees are waived in

27  excess of the authorized amount may not be reported for state

28  funding purposes. Any school district or community college

29  that waives fees and requests state funding for a student in

30  violation of the provisions of this section shall be penalized

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    Florida Senate - 2000                           CS for SB 2300
    310-2033-00




  1  at a rate equal to 2 times the value of the full-time student

  2  enrollment reported.

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

  4  the State Board of Education no later than December 31 of each

  5  year a schedule of fees for workforce development education,

  6  excluding continuing workforce education, for school districts

  7  and community colleges. The fee schedule shall be based on the

  8  amount of student fees necessary to produce 25 percent of the

  9  prior year's average cost of a course of study leading to a

10  certificate or diploma. At the discretion of a school board or

11  a community college, this fee schedule may be implemented over

12  a 3-year period, with full implementation in the 1999-2000

13  school year. In years preceding that year, if fee increases

14  are necessary for some programs or courses, the fees shall be

15  raised in increments designed to lessen their impact upon

16  students already enrolled. Fees for students who are not

17  residents for tuition purposes must offset the full cost of

18  instruction. Fee-nonexempt students enrolled in

19  vocational-preparatory instruction shall be charged fees equal

20  to the fees charged for certificate career education

21  instruction. Each community college that conducts

22  college-preparatory and vocational-preparatory instruction in

23  the same class section may charge a single fee for both types

24  of instruction.

25         (b)  Fees for continuing workforce education shall be

26  locally determined by the school board or community college.

27  However, at least 50 percent of the expenditures for the

28  continuing workforce education program provided by the

29  community college or school district must be derived from

30  fees.

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    Florida Senate - 2000                           CS for SB 2300
    310-2033-00




  1         (c)  The State Board of Education shall adopt a fee

  2  schedule for school districts that produces the fee revenues

  3  calculated pursuant to paragraph (a). The schedule so

  4  calculated shall take effect, unless otherwise specified in

  5  the General Appropriations Act.

  6         (d)  The State Board of Education shall adopt, by rule,

  7  the definitions and procedures that school boards shall use in

  8  the calculation of cost borne by students.

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

10  trustees may establish a separate fee for financial aid

11  purposes in an additional amount of up to 5 10 percent of the

12  student fees collected for workforce development programs

13  funded through the Workforce Development Education Fund.  All

14  fees collected shall be deposited into a separate workforce

15  development student financial aid fee trust fund of the

16  district or community college to support students enrolled in

17  workforce development programs. Any undisbursed balance

18  remaining in the trust fund and interest income accruing to

19  investments from the trust fund shall increase the total funds

20  available for distribution to workforce development education

21  students. Awards shall be based on student financial need and

22  distributed in accordance with a nationally recognized system

23  of need analysis as established by each school board or

24  community college district board of trustees approved by the

25  State Board for Career Education. Fees collected pursuant to

26  this subsection shall be allocated in an expeditious manner.

27         (18)  Each district school board and community college

28  district board of trustees is authorized to establish a

29  separate fee for technology, not to exceed $1.80 per credit

30  hour or credit-hour equivalent for resident students and not

31  more than $5.40 per credit hour or credit-hour equivalent for

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    Florida Senate - 2000                           CS for SB 2300
    310-2033-00




  1  nonresident students, or the equivalent, to be expended in

  2  accordance with technology improvement plans. The technology

  3  fee may apply only to associate degree programs and courses.

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

  5  community college board of trustees as a dedicated revenue

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

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

  8  financed. Revenues generated from the technology fee may not

  9  be bonded.

10         Section 2.  Subsections (7) and (10) of section 240.35,

11  Florida Statutes, are amended to read:

12         240.35  Student fees.--Unless otherwise provided, the

13  provisions of this section apply only to fees charged for

14  college credit instruction leading to an associate in arts

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

16  associate in science degree and noncollege credit

17  college-preparatory courses defined in s. 239.105.

18         (7)  Each community college board of trustees shall

19  establish matriculation and tuition fees, which may vary no

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

21  schedule adopted by the State Board of Community Colleges,

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

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

24  In order to assess an additional amount for safety and

25  security purposes, a community college board of trustees must

26  provide written justification to the State Board of Community

27  Colleges based on criteria approved by the local board of

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

29  crime data and information, and strategies for the

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

31  community college is authorized to increase the sum of the

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    Florida Senate - 2000                           CS for SB 2300
    310-2033-00




  1  matriculation fee and technology fee by not more than 5

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

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

  4  exceed the prescribed statutory limit. Should a college decide

  5  to increase the matriculation fee to a level between 10 and 15

  6  percent above the standard matriculation fee, the funds raised

  7  by increasing the matriculation fee must be expended solely

  8  for additional safety and security purposes and shall not

  9  supplant funding expended in the prior year's 1998-1999 budget

10  for safety and security purposes.

11         (10)  Each community college district board of trustees

12  may establish a separate activity and service fee not to

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

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

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

16  registration and tuition fees. The student activity and

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

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

19  purposes to directly benefit the student body in general.

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

21  publications and grants to duly recognized student

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

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

24  religion.

25         Section 3.  This act shall take effect July 1, 2000.

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    Florida Senate - 2000                           CS for SB 2300
    310-2033-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 2300

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  4  The committee substitute differs substantially from Senate
    Bill 2300 in that it:
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    -Does not require that at least 75 percent of the average cost
  6  of instruction is to come from state funding; state funding is
    to equal 75 percent of the average cost of instruction;
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    -Does not require the local WAGES coalitions to pay to school
  8  districts and community colleges the total costs incurred for
    WAGES participants enrolled in workforce development education
  9  programs and receiving college credit instruction; local WAGES
    coalitions are to pay costs incurred for these participants;
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    -Does not require that the fee schedule provided by the
11  Commissioner of Education to the State Board of Education be
    based on the amount of student fees necessary to produce up to
12  25 percent of the prior year's average cost of a course of
    study leading to a certificate or diploma; the fee schedule is
13  to be based on the amount of student fees necessary to produce
    25 percent of such prior year's average cost of study;
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    -Changes the source of the nationally recognized system of
15  need analysis for making awards from a school district's or
    community college's workforce development student financial
16  aid fee trust fund; each school board or community college
    board of trustees will establish the system of need analysis
17  rather than using one approved by the State Board for Career
    Education; and
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    -Does not set separate fees established for capital
19  improvements, technology enhancements, or equipping student
    buildings at an amount not to exceed 5 percent of the
20  matriculation fee for resident students and 5 percent of the
    matriculation and tuition fees for nonresident students; such
21  fees remain at $1 per credit hour or credit-hour equivalent
    for residents and $3 per credit hour for nonresidents.
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