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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.


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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  


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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


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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  


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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


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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


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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


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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


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  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


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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.


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  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


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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


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  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


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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.


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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  


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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


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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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