Senate Bill sb1494

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    Florida Senate - 2001                                  SB 1494

    By Senator Clary





    7-743-01

  1                      A bill to be entitled

  2         An act relating to education; amending s.

  3         246.101, F.S.; eliminating a requirement that

  4         the State Board of Independent Colleges use

  5         certain excess fee revenues to provide a credit

  6         against base fees assessed the following year;

  7         creating s. 246.32, F.S.; exempting certain

  8         projects, contracts, and grants funded from the

  9         Institutional Assessment Trust Fund from

10         certain legislative budget request requirements

11         and establishing alternative procedures;

12         prohibiting the obligation of new state

13         appropriations as a source of matching funds

14         for certain potential contracts or grants;

15         providing an effective date.

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

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19         Section 1.  Section 246.101, Florida Statutes, is

20  amended to read:

21         246.101  Fees.--

22         (1)  The State Board of Independent Colleges and

23  Universities shall annually establish a fee schedule to

24  generate, from fees, the amount of revenue appropriated for

25  the operation of the board.

26         (2)  Beginning with the 1993-1994 fiscal year, the

27  board shall include, as a part of its legislative budget

28  request, a proposed fee schedule to generate the appropriated

29  fee revenue required in the appropriations act. The board may

30  adjust the amount of a college's fee as necessary to generate

31  the fee revenue required in the appropriations act. However,

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    Florida Senate - 2001                                  SB 1494
    7-743-01




  1  the board may not add any category of fee that was not

  2  included in the legislative budget request.  In the absence of

  3  legislative action to the contrary, the proposed fee schedule

  4  shall go into effect as proposed in the board's legislative

  5  budget request.

  6         (3)  The cost of routine services of the board, such as

  7  data collection and dissemination, shall be supported through

  8  a base fee. Nonpublic colleges operating pursuant to s.

  9  246.084 are not required to pay the base fee.  The base fee

10  applies to all other nonpublic colleges. The board may adjust

11  the fee based on the enrollment of the college.  However, the

12  fee assessed to the largest college may not exceed one-half of

13  1 percent of the amount appropriated for the board or $1,500,

14  whichever is less.  The fee assessed to the largest college

15  may not exceed three times the amount of the fee assessed to

16  the smallest college.

17         (4)  The board shall assess fees to defray the cost of

18  workload for board activities that are specific to certain

19  colleges.  Such workload activities must relate to:

20         (a)  Licensure.

21         (b)  Annual reviews.

22         (c)  Special reviews.

23         (d)  Site visits.

24         (e)  Resolution of complaints for violation of fair

25  consumer practices.

26         (f)  Approval to operate in Florida without offering

27  educational programs.

28         (g)  Approval to use the term "college" or

29  "university."

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    Florida Senate - 2001                                  SB 1494
    7-743-01




  1         (h)  Review and collection of data submitted pursuant

  2  to s. 246.084 when the review and collection is performed by

  3  the board.

  4         (i)  Other workload activities as approved by the

  5  Legislature.

  6         (5)  The board may assess any college late fees for

  7  failure to timely submit required materials.

  8         (6)  If the board collects fee revenues of more than

  9  120 percent of the appropriated fee revenue requirements for

10  the fiscal year, the board shall use the collections in excess

11  of 120 percent to provide a credit against the base fee

12  assessed to all renewing institutions for the following year.

13  The credit shall be prorated on the base fee payments by

14  colleges for the prior year, exclusive of any related fee.

15         (6)(7)  All fees shall be submitted through the

16  Department of Education to the Treasurer, to be deposited in

17  the Institutional Assessment Trust Fund created by s. 246.31.

18         (7)(8)  All fees authorized to be collected are

19  considered to be administrative fees and shall not be

20  refundable.

21         Section 2.  Section 246.32, Florida Statutes, is

22  created to read:

23         246.32  Expenditures from Institutional Assessment

24  Trust Fund; limitation on state appropriations.--

25         (1)  Institutional Assessment Trust Fund projects,

26  contracts, and grants under the management of the Department

27  of Education are exempt from the requirements of s. 216.023.

28  The Department of Education, in consultation with the

29  legislative appropriations committees, shall approve an

30  estimated level of expenditures, salary rates, and positions

31  for the Institutional Assessment Trust Fund projects,

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    Florida Senate - 2001                                  SB 1494
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  1  contracts and grants programs. If such expenditures exceed the

  2  prior year's level by more than 10 percent, the full

  3  membership of the legislative appropriations committees must

  4  be notified of the increase.

  5         (2)  New state appropriations may not be obligated as a

  6  source of matching funds for potential federal or private

  7  contracts or grants. Upon termination of any federal or

  8  private contracts or grants, the state is not obligated to

  9  provide continued funding for personnel or project costs

10  related to such contracts or grants.

11         Section 3.  This act shall take effect July 1, 2001.

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14                          SENATE SUMMARY

15    Eliminates a requirement that the State Board of
      Independent Colleges use certain excess fee revenues to
16    provide a credit against base fees assessed the following
      year. Exempts certain projects, contracts, and grants
17    from certain legislative budget request requirements and
      establishes alternative procedures for such items.
18    Prohibits obligating new state appropriations as a source
      of matching funds for certain potential contracts or
19    grants.

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