House Bill hb0245er
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  1                                 
  2         An act relating to foster care; creating the
  3         "Road-to-Independence Act"; amending s.
  4         409.145, F.S.; providing transition to
  5         self-sufficiency as a goal for older children
  6         who are likely to remain in foster care until
  7         18 years of age; creating s. 409.1451, F.S.;
  8         directing the Department of Children and Family
  9         Services or its agents to administer a system
10         of independent living transition services;
11         providing for the use of state foster care or
12         federal funds to establish a continuum of
13         independent living transition services;
14         providing for eligibility for the services;
15         providing for services for foster children;
16         specifying the eligibility and services for the
17         pre-independent-living services; specifying the
18         eligibility and services for the life skills
19         services; specifying the eligibility, services,
20         and conditions for the subsidized independent
21         living services; providing for opportunities
22         for participation in life skills activities;
23         providing for services for young adults
24         formerly in foster care; specifying the
25         services and eligibility for the aftercare
26         support services; specifying the services,
27         eligibility, and awards process and conditions
28         for the Road-to-Independence Scholarship
29         Program; specifying the services, eligibility
30         and conditions for the transitional support
31         services; providing for payment directly to a
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  1         licensed foster family or group care provider
  2         with whom a young adult continues to reside;
  3         providing that the young adult not be counted
  4         in licensing restrictions; providing for an
  5         appeals process; providing for department and
  6         program accountability; establishing an
  7         independent living services integration
  8         workgroup; providing workgroup membership and
  9         duties; requiring a report; providing
10         department rulemaking authority; amending s.
11         409.165, F.S.; conforming provisions relating
12         to alternate care for children; amending ss.
13         239.117, 240.235, and 240.35, F.S., relating to
14         workforce development fees, university fees,
15         and student fees; conforming provisions to
16         changes made by the act with respect to the
17         Road-to-Independence Scholarship; amending s.
18         409.903, F.S.; specifying that a child who is
19         eligible for certain payments for medical
20         assistance and related services includes a
21         child who has been awarded a
22         Road-to-Independence Scholarship; repealing ss.
23         409.145(3) and 409.165(4), F.S., relating to
24         services for youth age 18 and older and to the
25         use of state foster care funds to establish a
26         continuum of services and an independent living
27         program; restricting the use of certain funds
28         appropriated to the Department of Children and
29         Family Services for the purpose of funding s.
30         409.165, F.S., and as provided for in the
31         Road-to-Independence Act pursuant to House Bill
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  1         245, or Senate bill 996 or similar legislation
  2         passed into law; providing an effective date.
  3  
  4  Be It Enacted by the Legislature of the State of Florida:
  5  
  6         Section 1.  This act may be cited as the
  7  "Road-to-Independence Act."
  8         Section 2.  Paragraph (e) is added to subsection (1) of
  9  section 409.145, Florida Statutes, to read:
10         409.145  Care of children.--
11         (1)  The department shall conduct, supervise, and
12  administer a program for dependent children and their
13  families. The services of the department are to be directed
14  toward the following goals:
15         (e)  The transition to self-sufficiency for older
16  children who continue to be in foster care as adolescents.
17         Section 3.  Section 409.1451, Florida Statutes, is
18  created to read:
19         409.1451  Independent living transition services.--
20         (1)  SYSTEM OF SERVICES.--
21         (a)  The Department of Children and Family Services or
22  its agents shall administer a system of independent living
23  transition services to enable older children in foster care
24  and young adults who exit foster care at age 18 to make the
25  transition to self-sufficiency as adults.
26         (b)  The goals of independent living transition
27  services are to assist older children in foster care and young
28  adults who were formerly in foster care to obtain life skills
29  and education for independent living and employment, to have a
30  quality of life appropriate for their age, and to assume
31  personal responsibility for becoming self-sufficient adults.
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  1         (c)  State funds for foster care or federal funds shall
  2  be used to establish a continuum of services for eligible
  3  children in foster care and eligible young adults who were
  4  formerly in foster care which accomplish the goals for the
  5  independent living transition services and provide the service
  6  components for services for foster children, as provided in
  7  subsection (3), and services for young adults who were
  8  formerly in foster care, as provided in subsection (5).
  9         (d)  For children in foster care, independent living
10  transition services are not an alternative to adoption.
11  Independent living transition services may occur concurrently
12  with continued efforts to locate and achieve placement in
13  adoptive families for older children in foster care.
14         (2)  ELIGIBILITY.--
15         (a)  The department shall serve children who are 13 to
16  18 years of age and who are in foster care through the program
17  component of services for foster children provided in
18  subsection (3). Children to be served must meet the
19  eligibility requirements set forth for specific services as
20  provided in this section and through department rule.
21         (b)  The department shall serve young adults who are 18
22  to 23 years of age and who were in foster care when they
23  turned 18 years of age through the program component of
24  services for young adults who were formerly in foster care in
25  subsection (5). Children to be served must meet the
26  eligibility requirements set forth for specific services in
27  this section and through department rule.
28         (3)  PROGRAM COMPONENT OF SERVICES FOR FOSTER
29  CHILDREN.--The department shall provide the following
30  transition to independence services to children in foster care
31  who meet prescribed conditions and are determined eligible by
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  1  the department. The service categories available to children
  2  in foster care which facilitate successful transition into
  3  adulthood are:
  4         (a)  Pre-independent-living services.--
  5         1.  Pre-independent-living services include, but are
  6  not limited to, life skills training, educational field trips,
  7  and conferences. The specific services to be provided to a
  8  child shall be determined using a pre-independent-living
  9  assessment.
10         2.  A child 13 to 15 years of age who is in foster care
11  is eligible for such services.
12         (b)  Life skills services.--
13         1.  Life skills services may include, but are not
14  limited to, independent living skills training, educational
15  support, employment training, and counseling. The specific
16  services to be provided to a child shall be determined using
17  an independent life skills assessment.
18         2.  A child 15 to 18 years of age who is in foster care
19  is eligible for such services.
20         (c)  Subsidized independent living services.--
21         1.  Subsidized independent living services are living
22  arrangements that allow the child to live independently of the
23  daily care and supervision of an adult in a setting that is
24  not required to be licensed under s. 409.175.
25         2.  A child 16 to 18 years of age is eligible for such
26  services if he or she:
27         a.  Is adjudicated dependent under chapter 39; has been
28  placed in licensed out-of-home care for at least 6 months
29  prior to entering subsidized independent living; and has a
30  permanency goal of adoption, independent living, or long-term
31  licensed care; and
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  1         b.  Is able to demonstrate independent living skills,
  2  as determined by the department, using established procedures
  3  and assessments.
  4         3.  Independent living arrangements established for a
  5  child must be part of an overall plan leading to the total
  6  independence of the child from the department's supervision.
  7  The plan must include, but need not be limited to, a
  8  description of the skills of the child and a plan for learning
  9  additional identified skills; the behavior that the child has
10  exhibited which indicates an ability to be responsible and a
11  plan for developing additional responsibilities, as
12  appropriate; a plan for future educational, vocational, and
13  training skills; present financial and budgeting capabilities
14  and a plan for improving resources and ability; a description
15  of the proposed residence; documentation that the child
16  understands the specific consequences of his or her conduct in
17  the independent living program; documentation of proposed
18  services to be provided by the department and other agencies,
19  including the type of service and the nature and frequency of
20  contact; and a plan for maintaining or developing
21  relationships with the family, other adults, friends, and the
22  community, as appropriate.
23         4.  Subsidy payments in an amount established by the
24  department may be made directly to a child under the direct
25  supervision of a caseworker or other responsible adult
26  approved by the department.
27         (4)  PARTICIPATION IN LIFE SKILLS ACTIVITIES.--In order
28  to assist older children in foster care, ages 13 to 18 years
29  of age, with the transition to independent living as adults,
30  the program must provide them with opportunities to
31  participate in and learn from life skills activities in their
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  1  foster families and communities which are reasonable and
  2  appropriate for their age. Such activities may include, but
  3  are not limited to, managing money earned from a job, taking
  4  driver's education, and participating in after-school or
  5  extracurricular activities. To support these opportunities for
  6  participation in age-appropriate life skills activities, the
  7  department may:
  8         (a)  Develop, with children in the program and their
  9  foster parents, a list of age-appropriate activities and
10  responsibilities to be presented to all children involved in
11  independent living transition services and their foster
12  parents.
13         (b)  Provide training for staff and foster parents
14  which addresses issues of older children in foster care and
15  the transition to adulthood, including supporting education
16  and employment and providing opportunities to participate in
17  appropriate daily activities.
18         (c)  Develop procedures to maximize the authority of
19  foster parents to approve participation in age-appropriate
20  activities of children in their care.
21         (d)  Provide opportunities for older children in foster
22  care to interact with mentors.
23         (e)  Develop and implement procedures for older
24  children to directly access and manage the personal allowance
25  they receive from the department in order to learn
26  responsibility and participate in age-appropriate life skills
27  activities to the extent feasible.
28         (5)  PROGRAM COMPONENT OF SERVICES FOR YOUNG ADULTS
29  FORMERLY IN FOSTER CARE.--Based on the availability of funds,
30  the department shall provide or arrange for the following
31  services to young adults formerly in foster care who meet the
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  1  prescribed conditions and are determined eligible by the
  2  department. The categories of services available to assist a
  3  young adult formerly in foster care to achieve independence
  4  are:
  5         (a)  Aftercare support services.--
  6         1.  Aftercare support services include, but are not
  7  limited to, referrals to resources in the community for:
  8         a.  Mentoring and tutoring.
  9         b.  Mental health services and substance abuse
10  counseling.
11         c.  Life skills classes, including credit management
12  and preventive health activities.
13         d.  Parenting classes.
14         e.  Job skills training.
15  
16  The specific services to be provided under this subparagraph
17  shall be determined by an aftercare services assessment.
18  Temporary assistance may be provided to prevent homelessness
19  within the limitations defined by the department.
20         2.  A young adult 18 to 23 years of age who leaves
21  foster care at 18 years of age but who requests services prior
22  to reaching 23 years of age is eligible for such services.
23         (b)  Road-to-Independence Scholarship Program.--
24         1.  The Road-to-Independence Scholarship Program is
25  intended to help eligible students who are former foster
26  children in this state to receive the educational and
27  vocational training needed to achieve independence. The amount
28  of the award shall equal the earnings that the student would
29  have been eligible to earn working a 40-hour-a-week federal
30  minimum wage job, after considering other grants and
31  scholarships that are in excess of the educational
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  1  institutions' fees and costs, and contingent upon available
  2  funds. Students eligible for the Road-to-Independence
  3  Scholarship Program may also be eligible for educational fee
  4  waivers for workforce development postsecondary programs,
  5  community colleges, and universities, pursuant to ss.
  6  239.117(4)(c), 240.235(5)(a), and 240.35(2)(a).
  7         2.  A young adult 18 to 21 years of age is eligible for
  8  the initial award, and a young adult under 23 years of age is
  9  eligible for renewal awards, if he or she:
10         a.  Is a dependent child, pursuant to chapter 39, and
11  is living in licensed foster care or in subsidized independent
12  living at the time of his or her 18th birthday;
13         b.  Has spent at least 6 months living in foster care
14  before reaching his or her 18th birthday;
15         c.  Is a resident of this state as defined in s.
16  240.404; and
17         d.  Meets one of the following qualifications:
18         (I)  Has earned a standard high school diploma or its
19  equivalent as described in s. 232.246 or s. 229.814, and has
20  been admitted for full-time enrollment in an eligible
21  postsecondary education institution as defined in s.
22  240.40204;
23         (II)  Is enrolled full time in an accredited high
24  school, is within 2 years of graduation, and has maintained a
25  grade point average of at least 2.0 on a scale of 4.0 for the
26  two semesters preceding the date of his or her 18th birthday;
27  or
28         (III)  Is enrolled full time in an accredited adult
29  education program designed to provide the student with a high
30  school diploma or its equivalent, is making satisfactory
31  
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  1  progress in that program as certified by the program, and is
  2  within 2 years of graduation.
  3         3.a.  The department must advertise the availability of
  4  the program and must ensure that the children and young adults
  5  leaving foster care, foster parents, or family services
  6  counselors are informed of the availability of the program and
  7  the application procedures.
  8         b.  A young adult must apply for the initial award
  9  during the 6 months immediately preceding his or her 18th
10  birthday. A young adult who fails to make an initial
11  application, but who otherwise meets the criteria for an
12  initial award, may make one application for the initial award
13  if such application is made before the young adult's 21st
14  birthday.
15         c.  If funding for the program is available, the
16  department shall issue awards from the scholarship program for
17  each young adult who meets all the requirements of the
18  program.
19         d.  An award shall be issued at the time the eligible
20  student reaches 18 years of age.
21         e.  If the award recipient transfers from one eligible
22  institution to another and continues to meet eligibility
23  requirements, the award must be transferred with the
24  recipient.
25         f.  Scholarship funds awarded to any eligible young
26  adult under this program are in addition to any other services
27  provided to the young adult by the department through its
28  independent living transition services.
29         g.  The department shall provide information concerning
30  young adults receiving the Road-to-Independence Scholarship to
31  
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  1  the Department of Education for inclusion in the student
  2  financial assistance database, as provided in s. 240.40401.
  3         h.  Scholarship funds shall be terminated when the
  4  young adult has attained a bachelor of arts or bachelor of
  5  science degree, or equivalent undergraduate degree, or reaches
  6  23 years of age, whichever occurs earlier.
  7         i.  The department shall evaluate and renew each award
  8  annually during the 90-day period before the young adult's
  9  birthday. In order to be eligible for a renewal award for the
10  subsequent year, the young adult must:
11         (I)  Complete at least 12 semester hours or the
12  equivalent in the last academic year in which the young adult
13  earned a scholarship, except for a young adult who meets the
14  requirements of s. 240.4041.
15         (II)  Maintain the cumulative grade point average
16  required by the scholarship program, except that, if the young
17  adult's grades are insufficient to renew the scholarship at
18  any time during the eligibility period, the young adult may
19  restore eligibility by improving the grade point average to
20  the required level.
21         j.  Scholarship funds may be terminated during the
22  interim between an award and the evaluation for a renewal
23  award if the department determines that the award recipient is
24  no longer enrolled in an educational institution as defined in
25  sub-subparagraph 2.d., or is no longer a state resident. The
26  department shall notify a student who is terminated and inform
27  the student of his or her right to appeal.
28         k.  An award recipient who does not qualify for a
29  renewal award or who chooses not to renew the award may
30  subsequently apply for reinstatement. An application for
31  reinstatement must be made before the young adult reaches 23
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  1  years of age and a student may not apply for reinstatement
  2  more than once. In order to be eligible for reinstatement, the
  3  young adult must meet the eligibility criteria and the
  4  criteria for award renewal for the scholarship program.
  5         l.  A young adult receiving continued services of the
  6  foster care program under former s. 409.145(3) must transfer
  7  to the scholarship program by July 1, 2003.
  8         (c)  Transitional Support Services.--
  9         1.  In addition to any services provided through after
10  care support or the Road to Independence scholarship, a young
11  adult formerly in foster care, may receive other appropriate
12  short-term services, which may include financial, housing,
13  counseling, employment, education and other services, if the
14  young adult demonstrates that the services are critical to the
15  young adult's own efforts to achieve self-sufficiency and to
16  develop a personal support system.
17          2.  A young adult formerly in foster care is eligible
18  to apply for transitional support services if he or she is 18
19  to 23 years of age, was a dependent child pursuant to chapter
20  39, was living in licensed foster care or in subsidized
21  independent living at the time of his or her 18th birthday,
22  and had spent at least 6 months living in foster care before
23  that date.
24         (3)  If at any time the services are no longer critical
25  to the young adult's own efforts to achieve self-sufficiency
26  and to develop a personal support system, they shall be
27  terminated.
28         (d)  Payment of aftercare, scholarship or transitional
29  support funds shall be made directly to the recipient unless
30  the recipient requests that the payments or a portion of the
31  payments be made directly to a licensed foster family or group
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  1  care provider with whom the recipient was residing at the time
  2  of attaining the 18th birthday and with whom the recipient
  3  desires to continue to reside. If a young adult and the former
  4  foster parent agree that the young adult shall continue to
  5  live in the foster home while receiving aftercare, scholarship
  6  or transitional support funds, the caregiver shall establish
  7  written expectations for the young adult's behavior and
  8  responsibilities. The young adult who continues with a foster
  9  family shall not be included as a child in calculating any
10  licensing restriction on the number of children in the foster
11  home.
12         (e)  Appeals process.--
13         1.  The Department of Children and Family Services
14  shall adopt by rule a procedure by which a young adult may
15  appeal an eligibility determination or the department's
16  failure to provide aftercare, scholarship or transitional
17  support services if such funds are available.
18         2.  The procedure developed by the department must be
19  readily available to young adults and must provide for an
20  appeal to the Secretary of Children and Family Services. The
21  decision of the secretary constitutes final agency action and
22  is reviewable by the court as provided in s. 120.68.
23         (6)  ACCOUNTABILITY.--The department shall develop
24  outcome measures for the program and other performance
25  measures.
26         (7)  INDEPENDENT LIVING SERVICES INTEGRATION
27  WORKGROUP.--The Secretary of Children and Family Services
28  shall establish the independent living services integration
29  workgroup, which, at a minimum, shall include representatives
30  from the Department of Children and Family Services, the
31  Agency for Workforce Innovation, the Department of Education,
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  1  the Agency for Health Care Administration, the State Youth
  2  Advisory Board, Workforce Florida, Inc., and foster parents.
  3  The workgroup shall assess barriers to the effective and
  4  efficient integration of services and support across systems
  5  for the transition of older children in foster care to
  6  independent living. The workgroup shall recommend methods to
  7  overcome these barriers and shall ensure that the state plan
  8  for federal funding for the independent living transition
  9  services includes these recommendations. The workgroup shall
10  report to appropriate legislative committees of the Senate and
11  the House of Representatives by December 31, 2002. Specific
12  issues and recommendations to be addressed by the workgroup
13  include:
14         (a)  Enacting the Medicaid provision of the federal
15  Foster Care Independence Act of 1999, Pub. L. No. 106-169,
16  which allows young adults formerly in foster care to receive
17  medical coverage up to 21 years of age.
18         (b)  Extending the age of Medicaid coverage from 21 to
19  23 years of age for young adults formerly in foster care in
20  order to enable such youth to complete a postsecondary
21  education degree.
22         (c)  Encouraging the regional workforce boards to
23  provide priority employment and support for eligible foster
24  care participants receiving independent living transition
25  services.
26         (d)  Facilitating transfers between schools when
27  changes in foster care placements occur.
28         (e)  Identifying mechanisms to increase the legal
29  authority of foster parents and staff of the department or its
30  agent to provide for the age-appropriate care of older
31  children in foster care, including enrolling a child in
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  1  school, signing for a practice driver's license for the child
  2  under s. 322.09(4), cosigning loans and insurance for the
  3  child, signing for the child's medical treatment, and
  4  authorizing other similar activities as appropriate.
  5         (f)  Transferring the allowance of spending money that
  6  is provided by the department each month directly to an older
  7  child in the program through an electronic benefit transfer
  8  program. The purpose of the transfer is to allow these
  9  children to access and manage the allowance they receive in
10  order to learn responsibility and participate in
11  age-appropriate life skills activities.
12         (g)  Identifying other barriers to normalcy for a child
13  in foster care.
14         (8)  RULEMAKING.--The department shall adopt by rule
15  procedures to administer this section, including provision for
16  the proportional reduction of scholarship awards when adequate
17  funds are not available for all applicants. The department
18  shall engage in appropriate planning to prevent, to the extent
19  possible, a reduction in scholarship awards after issuance.
20         Section 4.  Paragraph (f) of subsection (3) of section
21  409.165, Florida Statutes, is amended to read:
22         409.165  Alternate care for children.--
23         (3)  With the written consent of parents, custodians,
24  or guardians, or in accordance with those provisions in
25  chapter 39 that relate to dependent children, the department,
26  under rules properly adopted, may place a child:
27         (f)  In a subsidized an independent living situation,
28  subject to the provisions of s. 409.1451(3)(c) subsection (4),
29  
30  under such conditions as are determined to be for the best
31  interests or the welfare of the child. Any child placed in an
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  1  institution or in a family home by the department or its
  2  agency may be removed by the department or its agency, and
  3  such other disposition may be made as is for the best interest
  4  of the child, including transfer of the child to another
  5  institution, another home, or the home of the child.
  6  Expenditure of funds appropriated for out-of-home care can be
  7  used to meet the needs of a child in the child's own home or
  8  the home of a relative if the child can be safely served in
  9  the child's own home or that of a relative if placement can be
10  avoided by the expenditure of such funds, and if the
11  expenditure of such funds in this manner is calculated by the
12  department to be a potential cost savings.
13         Section 5.  Notwithstanding subsection (7) of section 3
14  of chapter 2000-321, Laws of Florida, section 239.117, Florida
15  Statutes, shall not stand repealed on January 7, 2003, as
16  scheduled by that law, but that section is reenacted and
17  amended to read:
18         239.117  Workforce development postsecondary student
19  fees.--
20         (1)  This section applies to students enrolled in
21  workforce development programs who are reported for funding
22  through the Workforce Development Education Fund, except that
23  college credit fees for the community colleges are governed by
24  s. 240.35.
25         (2)  All students shall be charged fees except students
26  who are exempt from fees or students whose fees are waived.
27         (3)  The following students are exempt from any
28  requirement for the payment of registration, matriculation,
29  and laboratory fees for adult basic, adult secondary, or
30  vocational-preparatory instruction:
31  
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  1         (a)  A student who does not have a high school diploma
  2  or its equivalent.
  3         (b)  A student who has a high school diploma or its
  4  equivalent and who has academic skills at or below the eighth
  5  grade level pursuant to state board rule. A student is
  6  eligible for this exemption from fees if the student's skills
  7  are at or below the eighth grade level as measured by a test
  8  administered in the English language and approved by the
  9  Department of Education, even if the student has skills above
10  that level when tested in the student's native language.
11         (4)  The following students are exempt from the payment
12  of registration, matriculation, and laboratory fees:
13         (a)  A student enrolled in a dual enrollment or early
14  admission program pursuant to s. 239.241.
15         (b)  A student enrolled in an approved apprenticeship
16  program, as defined in s. 446.021.
17         (c)  A student to for whom the state has awarded a
18  Road-to-Independence Scholarship is paying a foster care board
19  payment pursuant to s. 409.145(3) or pursuant to parts II and
20  III of chapter 39, for whom the permanency planning goal
21  pursuant to part III of chapter 39 is long-term foster care or
22  independent living, or who is adopted from the Department of
23  Children and Family Services after May 5, 1997. Such exemption
24  includes fees associated with enrollment in
25  vocational-preparatory instruction and completion of the
26  college-level communication and computation skills testing
27  program. Such exemption shall be available to any student
28  adopted from the Department of Children and Family Services
29  after May 5, 1997; however, the exemption shall be valid for
30  no more than 4 years after the date of graduation from high
31  school.
                                  17
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  1         (d)  A student enrolled in an employment and training
  2  program under the welfare transition program.  The regional
  3  workforce board shall pay the community college or school
  4  district for costs incurred for welfare transition program
  5  participants.
  6         (e)  A student who lacks a fixed, regular, and adequate
  7  nighttime residence or whose primary nighttime residence is a
  8  public or private shelter designed to provide temporary
  9  residence for individuals intended to be institutionalized, or
10  a public or private place not designed for, or ordinarily used
11  as, a regular sleeping accommodation for human beings.
12         (f)  A student who is a proprietor, owner, or worker of
13  a company whose business has been at least 50 percent
14  negatively financially impacted by the buy-out of property
15  around Lake Apopka by the State of Florida. Such a student may
16  receive a fee exemption only if the student has not received
17  compensation because of the buy-out, the student is designated
18  a Florida resident for tuition purposes, pursuant to s.
19  240.1201, and the student has applied for and been denied
20  financial aid, pursuant to s. 240.404, which would have
21  provided, at a minimum, payment of all student fees. The
22  student is responsible for providing evidence to the
23  postsecondary education institution verifying that the
24  conditions of this paragraph have been met, including support
25  documentation provided by the Department of Revenue. The
26  student must be currently enrolled in, or begin coursework
27  within, a program area by fall semester 2000.  The exemption
28  is valid for a period of 4 years from the date that the
29  postsecondary education institution confirms that the
30  conditions of this paragraph have been met.
31  
                                  18
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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  excluding continuing workforce education, for school districts
16  and community colleges. The fee schedule shall be based on the
17  amount of student fees necessary to produce 25 percent of the
18  prior year's average cost of a course of study leading to a
19  certificate or diploma. At the discretion of a school board or
20  a community college, this fee schedule may be implemented over
21  a 3-year period, with full implementation in the 1999-2000
22  school year. In years preceding that year, if fee increases
23  are necessary for some programs or courses, the fees shall be
24  raised in increments designed to lessen their impact upon
25  students already enrolled. Fees for students who are not
26  residents for tuition purposes must offset the full cost of
27  instruction. Fee-nonexempt students enrolled in
28  vocational-preparatory instruction shall be charged fees equal
29  to the fees charged for certificate career education
30  instruction. Each community college that conducts
31  college-preparatory and vocational-preparatory instruction in
                                  19
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  1  the same class section may charge a single fee for both types
  2  of instruction.
  3         (b)  Fees for continuing workforce education shall be
  4  locally determined by the school board or community college.
  5  However, at least 50 percent of the expenditures for the
  6  continuing workforce education program provided by the
  7  community college or school district must be derived from
  8  fees.
  9         (c)  The State Board of Education shall adopt a fee
10  schedule for school districts that produces the fee revenues
11  calculated pursuant to paragraph (a). The schedule so
12  calculated shall take effect, unless otherwise specified in
13  the General Appropriations Act.
14         (d)  The State Board of Education shall adopt, by rule,
15  the definitions and procedures that school boards shall use in
16  the calculation of cost borne by students.
17         (7)  Each year the State Board of Community Colleges
18  shall review and evaluate the percentage of the cost of adult
19  programs and certificate career education programs supported
20  through student fees.  For students who are residents for
21  tuition purposes, the schedule so adopted must produce
22  revenues equal to 25 percent of the prior year's average
23  program cost for college-preparatory and certificate-level
24  workforce development programs. Fees for continuing workforce
25  education shall be locally determined by the school board or
26  community college. However, at least 50 percent of the
27  expenditures for the continuing workforce education program
28  provided by the community college or school district must be
29  derived from fees. Fees for students who are not residents for
30  tuition purposes must offset the full cost of instruction.
31  
                                  20
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  1         (8)  Each school board and community college board of
  2  trustees may establish a separate fee for financial aid
  3  purposes in an additional amount of up to 10 percent of the
  4  student fees collected for workforce development programs
  5  funded through the Workforce Development Education Fund.  All
  6  fees collected shall be deposited into a separate workforce
  7  development student financial aid fee trust fund of the
  8  district or community college to support students enrolled in
  9  workforce development programs. Any undisbursed balance
10  remaining in the trust fund and interest income accruing to
11  investments from the trust fund shall increase the total funds
12  available for distribution to workforce development education
13  students. Awards shall be based on student financial need and
14  distributed in accordance with a nationally recognized system
15  of need analysis approved by the State Board for Career
16  Education. Fees collected pursuant to this subsection shall be
17  allocated in an expeditious manner.
18         (9)  The State Board of Education and the State Board
19  of Community Colleges shall adopt rules to allow the deferral
20  of registration and tuition fees for students receiving
21  financial aid from a federal or state assistance program when
22  such aid is delayed in being transmitted to the student
23  through circumstances beyond the control of the student.  The
24  failure to make timely application for such aid is an
25  insufficient reason to receive a deferral of fees.  The rules
26  must provide for the enforcement and collection or other
27  settlement of delinquent accounts.
28         (10)  Any veteran or other eligible student who
29  receives benefits under chapter 30, chapter 31, chapter 32,
30  chapter 34, or chapter 35 of Title 38, U.S.C., or chapter 106
31  of Title 10, U.S.C., is entitled to one deferment each
                                  21
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  1  academic year and an additional deferment each time there is a
  2  delay in the receipt of benefits.
  3         (11)  Each school district and community college shall
  4  be responsible for collecting all deferred fees.  If a school
  5  district or community college has not collected a deferred
  6  fee, the student may not earn state funding for any course for
  7  which the student subsequently registers until the fee has
  8  been paid.
  9         (12)  Any school district or community college that
10  reports students who have not paid fees in an approved manner
11  in calculations of full-time equivalent enrollments for state
12  funding purposes shall be penalized at a rate equal to 2 times
13  the value of such enrollments. Such penalty shall be charged
14  against the following year's allocation from the Florida
15  Workforce Development Education Fund or the Community College
16  Program Fund and shall revert to the General Revenue Fund.
17  The State Board of Education shall specify, in rule, approved
18  methods of student fee payment.  Such methods must include,
19  but need not be limited to, student fee payment; payment
20  through federal, state, or institutional financial aid; and
21  employer fee payments.
22         (13)  Each school district and community college shall
23  report only those students who have actually enrolled in
24  instruction provided or supervised by instructional personnel
25  under contract with the district or community college in
26  calculations of actual full-time enrollments for state funding
27  purposes.  A student who has been exempted from taking a
28  course or who has been granted academic or vocational credit
29  through means other than actual coursework completed at the
30  granting institution may not be calculated for enrollment in
31  the course from which the student has been exempted or for
                                  22
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  1  which the student has been granted credit. School districts
  2  and community colleges that report enrollments in violation of
  3  this subsection shall be penalized at a rate equal to 2 times
  4  the value of such enrollments. Such penalty shall be charged
  5  against the following year's allocation from the Workforce
  6  Development Education Fund and shall revert to the General
  7  Revenue Fund.
  8         (14)  School boards and community college boards of
  9  trustees may establish scholarship funds using donations.  If
10  such funds are established, school boards and community
11  college boards of trustees shall adopt rules that provide for
12  the criteria and methods for awarding scholarships from the
13  fund.
14         (15)  Each school board and community college board of
15  trustees may establish a separate fee for capital
16  improvements, technology enhancements, or equipping buildings
17  which may not exceed 5 percent of the matriculation fee for
18  resident students or 5 percent of the matriculation and
19  tuition fee for nonresident students.  Funds collected by
20  community colleges through these fees may be bonded only for
21  the purpose of financing or refinancing new construction and
22  equipment, renovation, or remodeling of educational
23  facilities. The fee shall be collected as a component part of
24  the registration and tuition fees, paid into a separate
25  account, and expended only to construct and equip, maintain,
26  improve, or enhance the certificate career education or adult
27  education facilities of the school district or community
28  college. Projects funded through the use of the capital
29  improvement fee must meet the survey and construction
30  requirements of chapter 235.  Pursuant to s. 216.0158, each
31  school board and community college board of trustees shall
                                  23
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  1  identify each project, including maintenance projects,
  2  proposed to be funded in whole or in part by such fee. Capital
  3  improvement fee revenues may be pledged by a board of trustees
  4  as a dedicated revenue source to the repayment of debt,
  5  including lease-purchase agreements and revenue bonds, with a
  6  term not to exceed 20 years, and not to exceed the useful life
  7  of the asset being financed, only for the new construction and
  8  equipment, renovation, or remodeling of educational
  9  facilities. Community colleges may use the services of the
10  Division of Bond Finance of the State Board of Administration
11  to issue any bonds authorized through the provisions of this
12  subsection. Any such bonds issued by the Division of Bond
13  Finance shall be in compliance with the provisions of the
14  State Bond Act. Bonds issued pursuant to the State Bond Act
15  shall be validated in the manner provided by chapter 75. The
16  complaint for such validation shall be filed in the circuit
17  court of the county where the seat of state government is
18  situated, the notice required to be published by s. 75.06
19  shall be published only in the county where the complaint is
20  filed, and the complaint and order of the circuit court shall
21  be served only on the state attorney of the circuit in which
22  the action is pending. A maximum of 15 cents per credit hour
23  may be allocated from the capital improvement fee for child
24  care centers conducted by the school board or community
25  college board of trustees.
26         (16)  Community colleges and district school boards are
27  not authorized to charge students enrolled in workforce
28  development programs any fee that is not specifically
29  authorized by statute. In addition to matriculation, tuition,
30  financial aid, capital improvement, and technology fees, as
31  authorized in this section, community colleges and district
                                  24
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    2002 Legislature                    CS/HB 245, First Engrossed
  1  school boards are authorized to establish fee schedules for
  2  the following user fees and fines: laboratory fees; parking
  3  fees and fines; library fees and fines; fees and fines
  4  relating to facilities and equipment use or damage; access or
  5  identification card fees; duplicating, photocopying, binding,
  6  or microfilming fees; standardized testing fees; diploma
  7  replacement fees; transcript fees; application fees;
  8  graduation fees; and late fees related to registration and
  9  payment. Such user fees and fines shall not exceed the cost of
10  the services provided and shall only be charged to persons
11  receiving the service. Parking fee revenues may be pledged by
12  a community college board of trustees as a dedicated revenue
13  source for the repayment of debt, including lease-purchase
14  agreements and revenue bonds with terms not exceeding 20 years
15  and not exceeding the useful life of the asset being financed.
16  Community colleges shall use the services of the Division of
17  Bond Finance of the State Board of Administration to issue any
18  revenue bonds authorized by the provisions of this subsection.
19  Any such bonds issued by the Division of Bond Finance shall be
20  in 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
                                  25
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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         (18)  Each district school board and community college
  7  district board of trustees is authorized to establish a
  8  separate fee for technology, not to exceed $1.80 per credit
  9  hour or credit-hour equivalent for resident students and not
10  more than $5.40 per credit hour or credit-hour equivalent for
11  nonresident students, or the equivalent, to be expended in
12  accordance with technology improvement plans. The technology
13  fee may apply only to associate degree programs and courses.
14  Fifty percent of technology fee revenues may be pledged by a
15  community college board of trustees as a dedicated revenue
16  source for the repayment of debt, including lease-purchase
17  agreements, not to exceed the useful life of the asset being
18  financed. Revenues generated from the technology fee may not
19  be bonded.
20         Section 6.  Notwithstanding subsection (7) of section 3
21  of chapter 2000-321, Laws of Florida, section 240.235, Florida
22  Statutes, shall not stand repealed on January 7, 2003, as
23  scheduled by that law, but that section is reenacted and
24  amended to read:
25         240.235  Fees.--
26         (1)  Each university is authorized to establish
27  separate activity and service, health, and athletic fees.
28  When duly established, the fees shall be collected as
29  component parts of the registration and tuition fees and shall
30  be retained by the university and paid into the separate
31  activity and service, health, and athletic funds.
                                  26
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    2002 Legislature                    CS/HB 245, First Engrossed
  1         (a)1.  Each university president shall establish a
  2  student activity and service fee on the main campus of the
  3  university.  The university president may also establish a
  4  student activity and service fee on any branch campus or
  5  center.  Any subsequent increase in the activity and service
  6  fee must be recommended by an activity and service fee
  7  committee, at least one-half of whom are students appointed by
  8  the student body president.  The remainder of the committee
  9  shall be appointed by the university president.  A
10  chairperson, appointed jointly by the university president and
11  the student body president, shall vote only in the case of a
12  tie.  The recommendations of the committee shall take effect
13  only after approval by the university president, after
14  consultation with the student body president, with final
15  approval by the Board of Regents.  An increase in the activity
16  and service fee may occur only once each fiscal year and must
17  be implemented beginning with the fall term. The Board of
18  Regents is responsible for promulgating the rules and
19  timetables necessary to implement this fee.
20         2.  The student activity and service fees shall be
21  expended for lawful purposes to benefit the student body in
22  general.  This shall include, but shall not be limited to,
23  student publications and grants to duly recognized student
24  organizations, the membership of which is open to all students
25  at the university without regard to race, sex, or religion.
26  The fund may not benefit activities for which an admission fee
27  is charged to students, except for
28  student-government-association-sponsored concerts.  The
29  allocation and expenditure of the fund shall be determined by
30  the student government association of the university, except
31  that the president of the university may veto any line item or
                                  27
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  1  portion thereof within the budget when submitted by the
  2  student government association legislative body.  The
  3  university president shall have 15 school days from the date
  4  of presentation of the budget to act on the allocation and
  5  expenditure recommendations, which shall be deemed approved if
  6  no action is taken within the 15 school days. If any line item
  7  or portion thereof within the budget is vetoed, the student
  8  government association legislative body shall within 15 school
  9  days make new budget recommendations for expenditure of the
10  vetoed portion of the fund.  If the university president
11  vetoes any line item or portion thereof within the new budget
12  revisions, the university president may reallocate by line
13  item that vetoed portion to bond obligations guaranteed by
14  activity and service fees. Unexpended funds and undisbursed
15  funds remaining at the end of a fiscal year shall be carried
16  over and remain in the student activity and service fund and
17  be available for allocation and expenditure during the next
18  fiscal year.
19         (b)  Each university president shall establish a
20  student health fee on the main campus of the university.  The
21  university president may also establish a student health fee
22  on any branch campus or center. Any subsequent increase in the
23  health fee must be recommended by a health committee, at least
24  one-half of whom are students appointed by the student body
25  president. The remainder of the committee shall be appointed
26  by the university president.  A chairperson, appointed jointly
27  by the university president and the student body president,
28  shall vote only in the case of a tie.  The recommendations of
29  the committee shall take effect only after approval by the
30  university president, after consultation with the student body
31  president, with final approval by the Board of Regents.  An
                                  28
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    2002 Legislature                    CS/HB 245, First Engrossed
  1  increase in the health fee may occur only once each fiscal
  2  year and must be implemented beginning with the fall term. The
  3  Board of Regents is responsible for promulgating the rules and
  4  timetables necessary to implement this fee.
  5         (c)  Each university president shall establish a
  6  separate athletic fee on the main campus of the university.
  7  The university president may also establish a separate
  8  athletic fee on any branch campus or center.  The initial
  9  aggregate athletic fee at each university shall be equal to,
10  but may be no greater than, the 1982-1983 per-credit-hour
11  activity and service fee contributed to intercollegiate
12  athletics, including women's athletics, as provided by s.
13  240.533.  Concurrently with the establishment of the athletic
14  fee, the activity and service fee shall experience a one-time
15  reduction equal to the initial aggregate athletic fee. Any
16  subsequent increase in the athletic fee must be recommended by
17  an athletic fee committee, at least one-half of whom are
18  students appointed by the student body president.  The
19  remainder of the committee shall be appointed by the
20  university president.  A chairperson, appointed jointly by the
21  university president and the student body president, shall
22  vote only in the case of a tie.  The recommendations of the
23  committee shall take effect only after approval by the
24  university president, after consultation with the student body
25  president, with final approval by the Board of Regents.  An
26  increase in the athletic fee may occur only once each fiscal
27  year and must be implemented beginning with the fall term. The
28  Board of Regents is responsible for promulgating the rules and
29  timetables necessary to implement this fee.
30         (2)  The university may permit the deferral of
31  registration and tuition fees for those students receiving
                                  29
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  1  financial aid from federal or state assistance programs when
  2  such aid is delayed in being transmitted to the student
  3  through circumstances beyond the control of the student.
  4  Failure to make timely application for such aid shall be
  5  insufficient reason to receive such deferral. Veterans and
  6  other eligible students receiving benefits under chapter 30,
  7  chapter 31, chapter 32, chapter 34, or chapter 35, 38 U.S.C.,
  8  or chapter 106, 10 U.S.C., shall be entitled to one deferment
  9  each academic year and an additional deferment each time there
10  is a delay in the receipt of their benefits.
11         (3)  The Board of Regents shall establish rules to
12  waive any or all application, course registration, and related
13  fees for persons 60 years of age or older who are residents of
14  this state and who attend classes for credit.  No academic
15  credit shall be awarded for attendance in classes for which
16  fees are waived under this subsection.  This privilege may be
17  granted only on a space-available basis, if such classes are
18  not filled as of the close of registration.  A university may
19  limit or deny the privilege for courses which are in programs
20  for which the Board of Regents has established selective
21  admissions criteria.  Persons paying full fees and state
22  employees taking courses on a space-available basis shall have
23  priority over those persons whose fees are waived in all cases
24  where classroom spaces are limited.
25         (4)  Students enrolled in a dual enrollment or early
26  admission program pursuant to s. 240.116 shall be exempt from
27  the payment of registration, matriculation, and laboratory
28  fees. Students enrolled in accordance with this subsection may
29  be calculated as the proportional shares of full-time
30  equivalent enrollments each such student generates for state
31  funding purposes.
                                  30
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  1         (5)(a)  Any student to for whom the state has awarded a
  2  Road-to-Independence Scholarship is paying a foster care board
  3  payment pursuant to s. 409.145(3) or parts II and III of
  4  chapter 39, for whom the permanency planning goal pursuant to
  5  part III of chapter 39 is long-term foster care or independent
  6  living, or who is adopted from the Department of Children and
  7  Family Services after May 5, 1997, shall be exempt from the
  8  payment of all undergraduate fees, including fees associated
  9  with enrollment in college-preparatory instruction or
10  completion of college-level communication and computation
11  skills testing programs.  Before a fee exemption can be given,
12  the student shall have applied for and been denied financial
13  aid, pursuant to s. 240.404, which would have provided, at a
14  minimum, payment of all undergraduate fees. Such exemption
15  shall be available to any student adopted from the Department
16  of Children and Family Services after May 5, 1997; however,
17  the exemption shall be valid for no more than 4 years after
18  the date of graduation from high school.
19         (b)  Any student qualifying for a fee exemption under
20  this subsection shall receive such an exemption for not more
21  than 4 consecutive years or 8 semesters unless the student is
22  participating in college-preparatory instruction or is
23  requiring additional time to complete the college-level
24  communication and computation skills testing programs.  Such a
25  student shall be eligible to receive a fee exemption for a
26  maximum of 5 consecutive years or 10 semesters.
27         (c)  As a condition for continued fee exemption, a
28  student shall have earned a grade point average of at least
29  2.0 on a 4.0 scale for the previous term, maintain at least an
30  overall 2.0 average for college work, or have an average below
31  
                                  31
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  1  2.0 for only the previous term and be eligible for continued
  2  enrollment in the institution.
  3         (6)  Any proprietor, owner, or worker of a company
  4  whose business has been at least 50-percent negatively
  5  financially impacted by the buyout of property around Lake
  6  Apopka by the State of Florida is exempt from the payment of
  7  registration, matriculation, and laboratory fees. A student
  8  receiving a fee exemption in accordance with this subsection
  9  must not have received compensation because of the buyout,
10  must be designated a Florida resident for tuition purposes
11  pursuant to s. 240.1201, and must first have applied for and
12  been denied financial aid, pursuant to s. 240.404, which would
13  have provided, at a minimum, payment of all student fees. The
14  student is responsible for providing evidence to the
15  postsecondary education institution verifying that the
16  conditions of this subsection have been met, including support
17  documentation provided by the Department of Revenue. The
18  student must be currently enrolled in, or begin coursework
19  within, a program area by fall semester 2000. The exemption is
20  valid for a period of 4 years from the date that the
21  postsecondary education institution confirms that the
22  conditions of this subsection have been met.
23         (7)  Each university may assess a service charge for
24  the payment of tuition and fees in installments.  Such service
25  charge must be approved by the Board of Regents.  The revenues
26  from such service charges shall be deposited into a student
27  fee trust fund the Legislature has established and assigned to
28  the university for that purpose.
29         (8)  Any graduate student enrolled in a state-approved
30  school psychology training program shall be entitled to a
31  waiver of registration fees for internship credit hours
                                  32
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  1  applicable to an internship in the public school system under
  2  the supervision of a Department of Education certified school
  3  psychologist employed by the school system.
  4         (9)  The Board of Regents shall exempt one-half of all
  5  tuition and course-related fees for certain members of the
  6  active Florida National Guard pursuant to the provisions of s.
  7  250.10(8).
  8         (10)  The Board of Regents may establish rules to allow
  9  for the waiver of out-of-state fees for nondegree-seeking
10  students enrolled at State University System institutions if
11  the earned student credit hours generated by such students are
12  nonfundable and the direct cost for the program of study is
13  recovered from the fees charged to all students.
14         (11)  Students who are enrolled in Programs in Medical
15  Sciences are considered graduate students for the purpose of
16  enrollment and student fees.
17         Section 7.  Notwithstanding subsection (7) of section 3
18  of chapter 2000-321, Laws of Florida, section 240.35, Florida
19  Statutes, shall not stand repealed on January 7, 2003, as
20  scheduled by that law, but that section, as amended by section
21  8 of chapter 2001-254, Laws of Florida, and section 12 of
22  chapter 2001-254, Laws of Florida, is reenacted and amended to
23  read:
24         240.35  Student fees.--Unless otherwise provided, the
25  provisions of this section apply only to fees charged for
26  college credit instruction leading to an associate in arts
27  degree, an associate in applied science degree, or an
28  associate in science degree and noncollege credit
29  college-preparatory courses defined in s. 239.105.
30         (1)  The State Board of Community Colleges shall
31  establish the matriculation and tuition fees for
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  1  college-preparatory instruction and for credit instruction
  2  which may be counted toward an associate in arts degree, an
  3  associate in applied science degree, or an associate in
  4  science degree.
  5         (2)(a)  Any student to for whom the state has awarded
  6  the Road-to-Independence Scholarship is paying a foster care
  7  board payment pursuant to s. 409.145(3) or parts II and III of
  8  chapter 39, for whom the permanency planning goal pursuant to
  9  part III of chapter 39 is long-term foster care or independent
10  living, or who is adopted from the Department of Children and
11  Family Services after May 5, 1997, shall be exempt from the
12  payment of all undergraduate fees, including fees associated
13  with enrollment in college-preparatory instruction or
14  completion of the college-level communication and computation
15  skills testing program. Before a fee exemption can be given,
16  the student shall have applied for and been denied financial
17  aid, pursuant to s. 240.404, which would have provided, at a
18  minimum, payment of all student fees. Such exemption shall be
19  available to any student adopted from the Department of
20  Children and Family Services after May 5, 1997; however, the
21  exemption shall be valid for no more than 4 years after the
22  date of graduation from high school.
23         (b)  Any student qualifying for a fee exemption under
24  this subsection shall receive such an exemption for not more
25  than 2 consecutive years or 4 semesters, unless the student is
26  participating in college-preparatory instruction or requires
27  additional time to complete the college-level communication
28  and computation skills testing program.  Such a student is
29  eligible to receive a fee exemption for a maximum of 3
30  consecutive years or 6 semesters.
31  
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  1         (c)  As a condition for continued fee exemption, a
  2  student shall earn a grade point average of at least 2.0 on a
  3  4.0 scale for the previous term, maintain at least an overall
  4  2.0 average for college work, or have an average below 2.0 for
  5  only the previous term and be eligible for continued
  6  enrollment in the institution.
  7         (3)  Students enrolled in dual enrollment and early
  8  admission programs under s. 240.116 and students enrolled in
  9  employment and training programs under the welfare transition
10  program are exempt from the payment of registration,
11  matriculation, and laboratory fees; however, such students may
12  not be included within calculations of fee-waived enrollments.
13  The regional workforce board shall pay the community college
14  for costs incurred by that participant related to that
15  person's classes or program. Other fee-exempt instruction
16  provided under this subsection generates an additional
17  one-fourth full-time equivalent enrollment.
18         (4)  Any proprietor, owner, or worker of a company
19  whose business has been at least 50-percent negatively
20  financially impacted by the buyout of property around Lake
21  Apopka by the State of Florida is exempt from the payment of
22  registration, matriculation, and laboratory fees.  A student
23  receiving a fee exemption in accordance with this subsection
24  must not have received compensation because of the buyout,
25  must be designated a Florida resident for tuition purposes
26  pursuant to s. 240.1201, and must first have applied for and
27  been denied financial aid, pursuant to s. 240.404, which would
28  have provided, at a minimum, payment of all student fees. The
29  student is responsible for providing evidence to the
30  postsecondary education institution verifying that the
31  conditions of this subsection have been met, including support
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  1  documentation provided by the Department of Revenue.  The
  2  student must be currently enrolled in, or begin coursework
  3  within, a program area by fall semester 2000.  The exemption
  4  is valid for a period of 4 years from the date that the
  5  postsecondary education institution confirms that the
  6  conditions of this subsection have been met.
  7         (5)(a)  Fees shall be waived for certain members of the
  8  active Florida National Guard pursuant to s. 250.10(8).
  9         (b)  Community colleges may waive fees for any
10  fee-nonexempt student. A student whose fees are waived in
11  excess of the amount authorized annually in the General
12  Appropriations Act may not be included in calculations of
13  full-time equivalent enrollments for state funding purposes.
14  Any community college that waives fees and requests state
15  funding for a student in violation of the provisions of this
16  subsection shall be penalized at a rate equal to two times the
17  value of the full-time equivalent student enrollment reported
18  served.  Such penalty shall be charged against the following
19  year's allocation from the Community College Program Fund.
20         (6)  The State Board of Community Colleges shall adopt
21  by December 31 of each year a resident fee schedule for the
22  following fall for advanced and professional, associate in
23  science degree, and college-preparatory programs that produce
24  revenues in the amount of 25 percent of the full prior year's
25  cost of these programs. However, the board may not adopt an
26  annual fee increase in any program for resident students which
27  exceeds 10 percent. Fees for courses in college-preparatory
28  programs and associate in arts and associate in science degree
29  programs may be established at the same level. In the absence
30  of a provision to the contrary in an appropriations act, the
31  fee schedule shall take effect and the colleges shall expend
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  1  the funds on instruction.  If the Legislature provides for an
  2  alternative fee schedule in an appropriations act, the fee
  3  schedule shall take effect the subsequent fall semester.
  4         (7)  Each community college board of trustees shall
  5  establish matriculation and tuition fees, which may vary no
  6  more than 10 percent below and 15 percent above the fee
  7  schedule adopted by the State Board of Community Colleges,
  8  provided that any amount from 10 to 15 percent above the fee
  9  schedule is used only to support safety and security purposes.
10  In order to assess an additional amount for safety and
11  security purposes, a community college board of trustees must
12  provide written justification to the State Board of Community
13  Colleges based on criteria approved by the local board of
14  trustees, including but not limited to criteria such as local
15  crime data and information, and strategies for the
16  implementation of local safety plans.  For 1999-2000, each
17  community college is authorized to increase the sum of the
18  matriculation fee and technology fee by not more than 5
19  percent of the sum of the matriculation and local safety and
20  security fees in 1998-1999. However, no fee in 1999-2000 shall
21  exceed the prescribed statutory limit. Should a college decide
22  to increase the matriculation fee, the funds raised by
23  increasing the matriculation fee must be expended solely for
24  additional safety and security purposes and shall not supplant
25  funding expended in the 1998-1999 budget for safety and
26  security purposes.
27         (8)  The sum of nonresident student matriculation and
28  tuition fees must be sufficient to defray the full cost of
29  each program.  The annual fee increases for nonresident
30  students established by the board, in the absence of
31  
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  1  legislative action to the contrary in an appropriations act,
  2  may not exceed 25 percent.
  3         (9)  The State Board of Community Colleges shall adopt
  4  a rule specifying the definitions and procedures to be used in
  5  the calculation of the percentage of cost paid by students.
  6  The rule must provide for the calculation of the full cost of
  7  educational programs based on the allocation of all funds
  8  provided through the general current fund to programs of
  9  instruction, and other activities as provided in the annual
10  expenditure analysis.  The rule shall be developed in
11  consultation with the Legislature.
12         (10)  Each community college district board of trustees
13  may establish a separate activity and service fee not to
14  exceed 10 percent of the matriculation fee, according to rules
15  of the State Board of Education.  The student activity and
16  service fee shall be collected as a component part of the
17  registration and tuition fees. The student activity and
18  service fees shall be paid into a student activity and service
19  fund at the community college and shall be expended for lawful
20  purposes to benefit the student body in general. These
21  purposes include, but are not limited to, student publications
22  and grants to duly recognized student organizations, the
23  membership of which is open to all students at the community
24  college without regard to race, sex, or religion.
25         (11)(a)  Each community college is authorized to
26  establish a separate fee for financial aid purposes in an
27  additional amount up to, but not to exceed, 5 percent of the
28  total student tuition or matriculation fees collected.  Each
29  community college may collect up to an additional 2 percent if
30  the amount generated by the total financial aid fee is less
31  than $250,000. If the amount generated is less than $250,000,
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  1  a community college that charges tuition and matriculation
  2  fees at least equal to the average fees established by rule
  3  may transfer from the general current fund to the scholarship
  4  fund an amount equal to the difference between $250,000 and
  5  the amount generated by the total financial aid fee
  6  assessment. No other transfer from the general current fund to
  7  the loan, endowment, or scholarship fund, by whatever name
  8  known, is authorized.
  9         (b)  All funds collected under this program shall be
10  placed in the loan and endowment fund or scholarship fund of
11  the college, by whatever name known. Such funds shall be
12  disbursed to students as quickly as possible.  An amount not
13  greater than 40 percent of the fees collected in a fiscal year
14  may be carried forward unexpended to the following fiscal
15  year.  However, funds collected prior to July 1, 1989, and
16  placed in an endowment fund may not be considered part of the
17  balance of funds carried forward unexpended to the following
18  fiscal year.
19         (c)  Up to 25 percent or $300,000, whichever is
20  greater, of the financial aid fees collected may be used to
21  assist students who demonstrate academic merit; who
22  participate in athletics, public service, cultural arts, and
23  other extracurricular programs as determined by the
24  institution; or who are identified as members of a targeted
25  gender or ethnic minority population. The financial aid fee
26  revenues allocated for athletic scholarships and fee
27  exemptions provided pursuant to subsection (17) for athletes
28  shall be distributed equitably as required by s.
29  228.2001(3)(d).  A minimum of 50 percent of the balance of
30  these funds shall be used to provide financial aid based on
31  absolute need, and the remainder of the funds shall be used
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  1  for academic merit purposes and other purposes approved by the
  2  district boards of trustees.  Such other purposes shall
  3  include the payment of child care fees for students with
  4  financial need. The State Board of Community Colleges shall
  5  develop criteria for making financial aid awards.  Each
  6  college shall report annually to the Department of Education
  7  on the criteria used to make awards, the amount and number of
  8  awards for each criterion, and a delineation of the
  9  distribution of such awards. Awards which are based on
10  financial need shall be distributed in accordance with a
11  nationally recognized system of need analysis approved by the
12  State Board of Community Colleges. An award for academic merit
13  shall require a minimum overall grade point average of 3.0 on
14  a 4.0 scale or the equivalent for both initial receipt of the
15  award and renewal of the award.
16         (d)  These funds may not be used for direct or indirect
17  administrative purposes or salaries.
18         (12)  Any community college that reports students who
19  have not paid fees in an approved manner in calculations of
20  full-time equivalent enrollments for state funding purposes
21  shall be penalized at a rate equal to two times the value of
22  such enrollments.  Such penalty shall be charged against the
23  following year's allocation from the Community College Program
24  Fund and shall revert to the General Revenue Fund.  The State
25  Board of Education shall specify, as necessary, by rule,
26  approved methods of student fee payment.  Such methods shall
27  include, but not be limited to, student fee payment; payment
28  through federal, state, or institutional financial aid; and
29  employer fee payments.  A community college may not charge any
30  fee except as authorized by law or rules of the State Board of
31  Education.
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  1         (13)  Each community college shall report only those
  2  students who have actually enrolled in instruction provided or
  3  supervised by instructional personnel under contract with the
  4  community college in calculations of actual full-time
  5  equivalent enrollments for state funding purposes.  No student
  6  who has been exempted from taking a course or who has been
  7  granted academic or vocational credit through means other than
  8  actual coursework completed at the granting institution shall
  9  be calculated for enrollment in the course from which he or
10  she has been exempted or granted credit. Community colleges
11  that report enrollments in violation of this subsection shall
12  be penalized at a rate equal to two times the value of such
13  enrollments.  Such penalty shall be charged against the
14  following year's allocation from the Community College Program
15  Fund and shall revert to the General Revenue Fund.
16         (14)  Each community college board of trustees may
17  establish a separate fee for capital improvements, technology
18  enhancements, or equipping student buildings which may not
19  exceed $1 per credit hour or credit-hour equivalent for
20  residents and which equals or exceeds $3 per credit hour for
21  nonresidents.  Funds collected by community colleges through
22  these fees may be bonded only for the purpose of financing or
23  refinancing new construction and equipment, renovation, or
24  remodeling of educational facilities. The fee shall be
25  collected as a component part of the registration and tuition
26  fees, paid into a separate account, and expended only to
27  construct and equip, maintain, improve, or enhance the
28  educational facilities of the community college. Projects
29  funded through the use of the capital improvement fee shall
30  meet the survey and construction requirements of chapter 235.
31  Pursuant to s. 216.0158, each community college shall identify
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  1  each project, including maintenance projects, proposed to be
  2  funded in whole or in part by such fee. Capital improvement
  3  fee revenues may be pledged by a board of trustees as a
  4  dedicated revenue source to the repayment of debt, including
  5  lease-purchase agreements and revenue bonds, with a term not
  6  to exceed 20 years, and not to exceed the useful life of the
  7  asset being financed, only for the new construction and
  8  equipment, renovation, or remodeling of educational
  9  facilities. Community colleges may use the services of the
10  Division of Bond Finance of the State Board of Administration
11  to issue any bonds authorized through the provisions of this
12  subsection. Any such bonds issued by the Division of Bond
13  Finance shall be in compliance with the provisions of the
14  State Bond Act. Bonds issued pursuant to the State Bond Act
15  shall be validated in the manner provided by chapter 75. The
16  complaint for such validation shall be filed in the circuit
17  court of the county where the seat of state government is
18  situated, the notice required to be published by s. 75.06
19  shall be published only in the county where the complaint is
20  filed, and the complaint and order of the circuit court shall
21  be served only on the state attorney of the circuit in which
22  the action is pending. A maximum of 15 cents per credit hour
23  may be allocated from the capital improvement fee for child
24  care centers conducted by the community college.
25         (15)  In addition to matriculation, tuition, financial
26  aid, capital improvement, student activity and service, and
27  technology fees authorized in this section, each board of
28  trustees is authorized to establish fee schedules for the
29  following user fees and fines: laboratory fees; parking fees
30  and fines; library fees and fines; fees and fines relating to
31  facilities and equipment use or damage; access or
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  1  identification card fees; duplicating, photocopying, binding,
  2  or microfilming fees; standardized testing fees; diploma
  3  replacement fees; transcript fees; application fees;
  4  graduation fees; and late fees related to registration and
  5  payment. Such user fees and fines shall not exceed the cost of
  6  the services provided and shall only be charged to persons
  7  receiving the service. Community colleges are not authorized
  8  to charge any fee that is not specifically authorized by
  9  statute. Parking fee revenues may be pledged by a community
10  college board of trustees as a dedicated revenue source for
11  the repayment of debt, including lease-purchase agreements and
12  revenue bonds with terms not exceeding 20 years and not
13  exceeding the useful life of the asset being financed.
14  Community colleges shall use the services of the Division of
15  Bond Finance of the State Board of Administration to issue any
16  revenue bonds authorized by the provisions of this subsection.
17  Any such bonds issued by the Division of Bond Finance shall be
18  in compliance with the provisions of the State Bond Act. Bonds
19  issued pursuant to the State Bond Act shall be validated in
20  the manner established in chapter 75. The complaint for such
21  validation shall be filed in the circuit court of the county
22  where the seat of state government is situated, the notice
23  required to be published by s. 75.06 shall be published only
24  in the county where the complaint is filed, and the complaint
25  and order of the circuit court shall be served only on the
26  state attorney of the circuit in which the action is pending.
27         (16)  Each community college district board of trustees
28  is authorized to establish a separate fee for technology,
29  which may not exceed $1.80 per credit hour or credit-hour
30  equivalent for resident students and not more than $5.40 per
31  credit hour or credit-hour equivalent for nonresident
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  1  students, to be expended according to technology improvement
  2  plans. The technology fee may apply to both college credit and
  3  college-preparatory instruction. Fifty percent of technology
  4  fee revenues may be pledged by a community college board of
  5  trustees as a dedicated revenue source for the repayment of
  6  debt, including lease-purchase agreements, not to exceed the
  7  useful life of the asset being financed. Revenues generated
  8  from the technology fee may not be bonded.
  9         (17)  Each community college is authorized to grant
10  student fee exemptions from all fees adopted by the State
11  Board of Community Colleges and the community college board of
12  trustees for up to 40 full-time equivalent students at each
13  institution.
14         Section 8.  Subsection (4) of section 409.903, Florida
15  Statutes, is amended to read:
16         409.903  Mandatory payments for eligible persons.--The
17  agency shall make payments for medical assistance and related
18  services on behalf of the following persons who the
19  department, or the Social Security Administration by contract
20  with the Department of Children and Family Services,
21  determines to be eligible, subject to the income, assets, and
22  categorical eligibility tests set forth in federal and state
23  law.  Payment on behalf of these Medicaid eligible persons is
24  subject to the availability of moneys and any limitations
25  established by the General Appropriations Act or chapter 216.
26         (4)  A child who is eligible under Title IV-E of the
27  Social Security Act for subsidized board payments, foster
28  care, or adoption subsidies, and a child for whom the state
29  has assumed temporary or permanent responsibility and who does
30  not qualify for Title IV-E assistance but is in foster care,
31  shelter or emergency shelter care, or subsidized adoption.
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  1  This category includes a child who was eligible under Title
  2  IV-E of the Social Security Act for foster care or the
  3  state-provided foster care, who exited foster care due to
  4  attaining the age of 18 years, and who has been awarded a
  5  Road-to-Independence Scholarship.
  6         Section 9.  Subsection (3) of section 409.145, Florida
  7  Statutes, and subsection (4) of section 409.165, Florida
  8  Statutes, are repealed.
  9         Section 10.  Pursuant to the General Appropriations
10  Acts for the 2002-2003 and 2003-2004 fiscal years, funds
11  appropriated for the purpose of funding s. 409.165, Florida
12  Statutes, and as provided for in the Road-to-Independence Act
13  pursuant to House Bill 245, or Senate Bill 996 or similar
14  legislation passed into law, shall be used only for expanding
15  services to foster care children 13 years of age and older,
16  and young adults formerly in foster care 18 to 23 years of
17  age. The Department of Children and Family Services shall not
18  use funds identified for s. 409.165, Florida Statutes, as
19  provided for in the Road-to-Independence Act pursuant to House
20  Bill 245, or Senate Bill 996 or similar legislation passed
21  into law, for any other purpose and is prohibited from
22  supplanting other department programs with these funds.
23         Section 11.  This act shall take effect October 1,
24  2002.
25  
26  
27  
28  
29  
30  
31  
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