SENATE AMENDMENT
    Bill No. CS for SB 2-D
    Amendment No. ___   Barcode 085148
                            CHAMBER ACTION
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11  Senator Sebesta moved the following amendment:
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13         Senate Amendment 
14         On page 885, line 25, through
15            page 900, line 21, delete those lines
16  
17  and insert:  
18         Section 399.  Section 1009.22, Florida Statutes, is
19  created to read:
20         1009.22  Adult and technical postsecondary student
21  fees.--
22         (1)  This section applies to students enrolled in adult
23  and technical programs who are reported for funding through
24  the Workforce Development Education Fund, except that college
25  credit fees for the community colleges are governed by s.
26  1009.23.
27         (2)  All students shall be charged fees except students
28  who are exempt from fees or students whose fees are waived.
29  The total value of fee waivers granted by the school district
30  or community college may not exceed 8 percent of total related
31  fee revenue or the amount established annually in the General
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    8:48 AM   04/03/02                             s0002Dc1b-20j04

SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 085148 1 Appropriations Act. Any student whose fees are waived in 2 excess of the authorized amount may not be reported for state 3 funding purposes. 4 (3)(a) The Commissioner of Education shall provide to 5 the State Board of Education no later than January 31 of each 6 year a schedule of fees for adult and technical education, 7 excluding continuing workforce education, for school districts 8 and community colleges. The fee schedule shall be based on the 9 amount of student fees necessary to produce 25 percent of the 10 prior year's average cost of a course of study leading to a 11 certificate or diploma. Except as otherwise provided by law, 12 fees for students who are not residents for tuition purposes 13 must offset the full cost of instruction. Fee-nonexempt 14 students enrolled in vocational-preparatory instruction shall 15 be charged fees equal to the fees charged for certificate 16 career education instruction. Each community college that 17 conducts college-preparatory and vocational-preparatory 18 instruction in the same class section may charge a single fee 19 for both types of instruction. 20 (b) Fees for continuing workforce education shall be 21 locally determined by the district school board or community 22 college board. However, at least 50 percent of the 23 expenditures for the continuing workforce education program 24 provided by the community college or school district must be 25 derived from fees. These fees may vary by course and by 26 section. 27 (c) The State Board of Education shall adopt a fee 28 schedule for school districts and community colleges which 29 produces the fee revenues calculated pursuant to paragraph 30 (a). The schedule so calculated shall take effect, unless 31 otherwise specified in the General Appropriations Act. 2 8:48 AM 04/03/02 s0002Dc1b-20j04
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 085148 1 (d) The State Board of Education shall adopt, by rule, 2 the definitions and procedures that district school boards 3 shall use in the calculation of cost borne by students. 4 (4) A district school board or community college board 5 that has a service area that borders another state may 6 implement a plan for a differential out-of-state fee. 7 (5) Each district school board and community college 8 board of trustees may establish a separate fee of up to 20 9 percent of the matriculation and tuition fees for adult and 10 technical education programs. This fee shall be collected as a 11 component part of the registration and tuition fees and must 12 be deposited into a separate account of the local educational 13 agency. Any undisbursed balance remaining in the account and 14 interest income accruing to investments from the account 15 increase the total funds available for distribution as 16 authorized in this subsection. Revenue generated by this fee 17 may be used for financial aid, capital improvements, 18 technology, and student activities and services. The local 19 educational agency may expend the revenue generated by this 20 fee under the following requirements: 21 (a) Student financial assistance, to provide awards to 22 students who demonstrate financial need in accordance with a 23 nationally recognized system of need analysis. Financial 24 assistance may also be provided by establishing child care for 25 students in adult and technical education programs. 26 (b) Capital improvements, to construct and equip, 27 maintain, improve, or enhance the adult and technical 28 education facilities of the school district or community 29 college. 30 (c) Technology, to be expended in accordance with 31 technology improvement plans. 3 8:48 AM 04/03/02 s0002Dc1b-20j04
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 085148 1 (d) Student activities and services, to be expended 2 for lawful purposes to benefit the student body in general. 3 These purposes include student publications and grants to duly 4 recognized student organizations, the membership of which is 5 open to all students at the local educational agency without 6 regard to race, gender, or religion. 7 (e) Repayment of debt, including lease-purchase and 8 revenue bonds, but a local educational agency may pledge no 9 more than 25 percent of the total revenue generated by this 10 fee as a dedicated revenue source to this purpose. Fee 11 revenues may be bonded only to finance or refinance new 12 construction and equipment, renovation, or remodeling of 13 educational facilities for adult and technical education 14 programs. Projects funded for capital improvement must meet 15 the survey and construction requirements of chapter 1013. As 16 required in s. 216.0158, each school board and community 17 college board of trustees shall identify each project, 18 including maintenance projects, proposed to be funded by 19 revenue from this fee. Revenues pledged for repayment of debt 20 must be for projects with a term not to exceed 20 years, and 21 not to exceed the useful life of the asset being financed, 22 only for technology improvements or for newly constructing and 23 equipping, renovating, or remodeling educational facilities. 24 Local educational agencies may use the services of the 25 Division of Bond Finance of the State Board of Administration 26 to issue any bonds authorized by this subsection. Bonds issued 27 by the Division of Bond Finance must be in compliance with the 28 State Bond Act. Bonds issued pursuant to the State Bond Act 29 shall be validated in the manner provided by chapter 75. The 30 complaint for such validation shall be filed in the circuit 31 court of the county where the seat of state government is 4 8:48 AM 04/03/02 s0002Dc1b-20j04
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 085148 1 situated, the notice required to be published by s. 75.06 2 shall be published only in the county where the complaint is 3 filed, and the complaint and order of the circuit court shall 4 be served only on the state attorney of the circuit in which 5 the action is pending. 6 (6) Community college boards of trustees and district 7 school boards are not authorized to charge students enrolled 8 in adult and technical programs any fee that is not 9 specifically authorized by statute. In addition to tuition, 10 out-of-state, financial aid, capital improvement, and 11 technology fees, as authorized in this section, community 12 college boards of trustees and district school boards are 13 authorized to establish fee schedules for the following user 14 fees and fines: laboratory fees; parking fees and fines; 15 library fees and fines; fees and fines relating to facilities 16 and equipment use or damage; access or identification card 17 fees; duplicating, photocopying, binding, or microfilming 18 fees; standardized testing fees; diploma replacement fees; 19 transcript fees; application fees; graduation fees; and late 20 fees related to registration and payment. Such user fees and 21 fines shall not exceed the cost of the services provided and 22 shall only be charged to persons receiving the service. 23 Parking fee revenues may be pledged by a community college 24 board of trustees as a dedicated revenue source for the 25 repayment of debt, including lease-purchase agreements and 26 revenue bonds with terms not exceeding 20 years and not 27 exceeding the useful life of the asset being financed. 28 Community colleges shall use the services of the Division of 29 Bond Finance of the State Board of Administration to issue any 30 revenue bonds authorized by the provisions of this subsection. 31 Any such bonds issued by the Division of Bond Finance shall be 5 8:48 AM 04/03/02 s0002Dc1b-20j04
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 085148 1 in compliance with the provisions of the State Bond Act. Bonds 2 issued pursuant to the State Bond Act shall be validated in 3 the manner established in chapter 75. The complaint for such 4 validation shall be filed in the circuit court of the county 5 where the seat of state government is situated, the notice 6 required to be published by s. 75.06 shall be published only 7 in the county where the complaint is filed, and the complaint 8 and order of the circuit court shall be served only on the 9 state attorney of the circuit in which the action is pending. 10 (7) Each year the State Board of Education shall 11 review and evaluate the percentage of the cost of adult 12 programs and certificate career education programs supported 13 through student fees. For students who are residents for 14 tuition purposes, the schedule adopted pursuant to subsection 15 (3) must produce revenues equal to 25 percent of the prior 16 year's average program cost for college-preparatory and 17 certificate-level workforce development programs. Fees for 18 continuing workforce education shall be locally determined by 19 the district school board or community college board. However, 20 at least 50 percent of the expenditures for the continuing 21 workforce education program provided by the community college 22 or school district must be derived from fees. Except as 23 otherwise provided by law, fees for students who are not 24 residents for tuition purposes must offset the full cost of 25 instruction. 26 (8) Each school district and community college may 27 assess a service charge for the payment of tuition and fees in 28 installments. Such service charge must be approved by the 29 district school board or community college board of trustees. 30 (9) By October 1, 2002, the Department of Education 31 shall determine an appropriate financial penalty for school 6 8:48 AM 04/03/02 s0002Dc1b-20j04
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 085148 1 districts and community colleges if they waive more in student 2 fees than the amount authorized in the General Appropriations 3 Act, or more than the authorized 8 percent if the General 4 Appropriations Act does not establish a limit. The State Board 5 of Education shall specify, in rule, approved methods of 6 student fee payment. Such methods must include, but need not 7 be limited to, student fee payment; payment through federal, 8 state, or institutional financial aid; and employer fee 9 payments. 10 (10) A student who has been exempted from taking a 11 course or who has been granted academic or technical credit 12 through means other than actual coursework completed at the 13 granting institution may not generate funding through the 14 formula. School districts and community colleges that report 15 students for funding in violation of this subsection shall be 16 penalized at a rate equal to 2 times the value of the funds 17 generated. Such penalty shall be charged against the following 18 year's allocation from the Workforce Development Education 19 Fund and shall revert to the General Revenue Fund. 20 Section 400. Section 1009.23, Florida Statutes, is 21 created to read: 22 1009.23 Community college student fees.-- 23 (1) Unless otherwise provided, the provisions of this 24 section apply only to fees charged for college credit 25 instruction leading to an associate in arts degree, an 26 associate in applied science degree, or an associate in 27 science degree and noncollege credit college-preparatory 28 courses defined in s. 1004.02. 29 (2) All students shall be charged fees except students 30 who are exempt from fees or students whose fees are waived. 31 (3) The State Board of Education shall adopt by 7 8:48 AM 04/03/02 s0002Dc1b-20j04
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 085148 1 December 31 of each year a resident fee schedule for the 2 following fall for advanced and professional, associate in 3 science degree, and college-preparatory programs that produce 4 revenues in the amount of 25 percent of the full prior year's 5 cost of these programs. Fees for courses in 6 college-preparatory programs and associate in arts and 7 associate in science degree programs may be established at the 8 same level. In the absence of a provision to the contrary in 9 an appropriations act, the fee schedule shall take effect and 10 the colleges shall expend the funds on instruction. If the 11 Legislature provides for an alternative fee schedule in an 12 appropriations act, the fee schedule shall take effect the 13 subsequent fall semester. 14 (4)(a) Each community college board of trustees shall 15 establish tuition and out-of-state fees, which may vary no 16 more than 10 percent below and 15 percent above the combined 17 total of the fee schedule adopted by the State Board of 18 Education and the technology fee adopted by a board of 19 trustees, provided that any amount from 10 to 15 percent above 20 the fee schedule is used only to support safety and security 21 purposes. In order to assess an additional amount for safety 22 and security purposes, a community college board of trustees 23 must provide written justification to the State Board of 24 Education based on criteria approved by the board of trustees, 25 including, but not limited to, criteria such as local crime 26 data and information, and strategies for the implementation of 27 local safety plans. 28 (b) Each community college board of trustees may 29 designate matriculation and tuition fees to be expended 30 according to technology improvement plans approved by the 31 board. In order to fund the technology improvement plans, up 8 8:48 AM 04/03/02 s0002Dc1b-20j04
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 085148 1 to 5 percent of the total matriculation and tuition fee 2 revenues may be pledged as a dedicated revenue source for the 3 repayment of debt, including lease-purchase agreements, not 4 exceeding the useful life of the assets being financed. These 5 fee revenues may not be bonded. 6 (c) Each community college board of trustees may 7 establish a separate fee for student activity and service, 8 student financial aid, and capital improvements as provided 9 for in this section. The sum of these fees may not exceed 20 10 percent of the matriculation fee for all students and an 11 additional 20 percent of the tuition fee for nonresidents. 12 These fees must be collected as a component part of the 13 registration and tuition fees. 14 (5) Except as otherwise provided in law, the sum of 15 nonresident student tuition and out-of-state fees must be 16 sufficient to defray the full cost of each program. 17 (6) A community college board of trustees that has a 18 service area that borders another state may implement a plan 19 for a differential out-of-state fee. 20 (7) Each community college board of trustees may 21 establish a separate activity and service fee. The student 22 activity and service fee shall be collected as a component 23 part of the tuition and fees. The student activity and service 24 fees shall be paid into a student activity and service fund at 25 the community college and shall be expended for lawful 26 purposes to benefit the student body in general. These 27 purposes include, but are not limited to, student publications 28 and grants to duly recognized student organizations, the 29 membership of which is open to all students at the community 30 college without regard to race, sex, or religion. 31 (8)(a) Each community college board of trustees must 9 8:48 AM 04/03/02 s0002Dc1b-20j04
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 085148 1 establish a financial aid fee of not less than 5 percent of 2 the tuition fee. If the amount generated by the financial aid 3 fee is less than $250,000, a community college that charges 4 tuition and out-of-state fees at least equal to the average 5 fees established by rule may transfer from the general current 6 fund to the scholarship fund an amount equal to the difference 7 between $250,000 and the amount generated by the total 8 financial aid fee assessment. No other transfer from the 9 general current fund to the loan, endowment, or scholarship 10 fund, by whatever name known, is authorized. 11 (b) All funds collected under this program shall be 12 placed in the loan and endowment fund or scholarship fund of 13 the college, by whatever name known. Such funds shall be 14 disbursed to students as quickly as possible. An amount not 15 greater than 40 percent of the fees collected in a fiscal year 16 may be carried forward unexpended to the following fiscal 17 year. However, funds collected prior to July 1, 1989, and 18 placed in an endowment fund may not be considered part of the 19 balance of funds carried forward unexpended to the following 20 fiscal year. 21 (c) Up to 25 percent or $300,000, whichever is 22 greater, of the financial aid fees collected may be used to 23 assist students who demonstrate academic merit; who 24 participate in athletics, public service, cultural arts, and 25 other extracurricular programs as determined by the 26 institution; or who are identified as members of a targeted 27 gender or ethnic minority population. The financial aid fee 28 revenues allocated for athletic scholarships and fee 29 exemptions provided pursuant to s. 1009.25(3) for athletes 30 shall be distributed equitably as required by s. 31 1000.05(3)(d). A minimum of 75 percent of the balance of these 10 8:48 AM 04/03/02 s0002Dc1b-20j04
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 085148 1 funds for new awards shall be used to provide financial aid 2 based on absolute need, and the remainder of the funds shall 3 be used for academic merit purposes and other purposes 4 approved by the boards of trustees. Such other purposes shall 5 include the payment of child care fees for students with 6 financial need. The State Board of Education shall develop 7 criteria for making financial aid awards. Each college shall 8 report annually to the Department of Education on the revenue 9 collected pursuant to this paragraph, the amount carried 10 forward, the criteria used to make awards, the amount and 11 number of awards for each criterion, and a delineation of the 12 distribution of such awards. The report shall include an 13 assessment by category of the financial need of every student 14 who receives an award, regardless of the purpose for which the 15 award is received. Awards which are based on financial need 16 shall be distributed in accordance with a nationally 17 recognized system of need analysis approved by the State Board 18 of Education. An award for academic merit shall require a 19 minimum overall grade point average of 3.0 on a 4.0 scale or 20 the equivalent for both initial receipt of the award and 21 renewal of the award. 22 (d) These funds may not be used for direct or indirect 23 administrative purposes or salaries. 24 (e) For the 2002-2003 fiscal year, each community 25 college district board of trustees shall establish a student 26 financial aid fee that will result in the collection of 27 student financial aid fee revenue at least equal to the amount 28 collected in fiscal year 2001-2002. 29 (9) Any community college that reports students who 30 have not paid fees in an approved manner in calculations of 31 full-time equivalent enrollments for state funding purposes 11 8:48 AM 04/03/02 s0002Dc1b-20j04
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 085148 1 shall be penalized at a rate equal to two times the value of 2 such enrollments. Such penalty shall be charged against the 3 following year's allocation from the Community College Program 4 Fund and shall revert to the General Revenue Fund. 5 (10) Each community college board of trustees is 6 authorized to establish a separate fee for technology, which 7 may not exceed $1.80 per credit hour or credit-hour equivalent 8 for resident students and not more than $5.40 per credit hour 9 or credit-hour equivalent for nonresident students, to be 10 expended according to technology improvement plans. The 11 technology fee may apply to both college credit and 12 college-preparatory instruction. Fifty percent of technology 13 fee revenues may be pledged by a community college board of 14 trustees as a dedicated revenue source for the repayment of 15 debt, including lease-purchase agreements, not to exceed the 16 useful life of the asset being financed. Revenues generated 17 from the technology fee may not be bonded. 18 (11) Each community college board of trustees may 19 establish a separate fee for capital improvements, technology 20 enhancements, or equipping student buildings. Funds collected 21 by community colleges through these fees may be bonded only 22 for the purpose of financing or refinancing new construction 23 and equipment, renovation, or remodeling of educational 24 facilities. The fee shall be collected as a component part of 25 the tuition and fees, paid into a separate account, and 26 expended only to construct and equip, maintain, improve, or 27 enhance the educational facilities of the community college. 28 Projects funded through the use of the capital improvement fee 29 shall meet the survey and construction requirements of chapter 30 1013. Pursuant to s. 216.0158, each community college shall 31 identify each project, including maintenance projects, 12 8:48 AM 04/03/02 s0002Dc1b-20j04
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 085148 1 proposed to be funded in whole or in part by such fee. Capital 2 improvement fee revenues may be pledged by a board of trustees 3 as a dedicated revenue source to the repayment of debt, 4 including lease-purchase agreements and revenue bonds, with a 5 term not to exceed 20 years, and not to exceed the useful life 6 of the asset being financed, only for the new construction and 7 equipment, renovation, or remodeling of educational 8 facilities. Community colleges may use the services of the 9 Division of Bond Finance of the State Board of Administration 10 to issue any bonds authorized through the provisions of this 11 subsection. Any such bonds issued by the Division of Bond 12 Finance shall be in compliance with the provisions of the 13 State Bond Act. Bonds issued pursuant to the State Bond Act 14 shall be validated in the manner provided by chapter 75. The 15 complaint for such validation shall be filed in the circuit 16 court of the county where the seat of state government is 17 situated, the notice required to be published by s. 75.06 18 shall be published only in the county where the complaint is 19 filed, and the complaint and order of the circuit court shall 20 be served only on the state attorney of the circuit in which 21 the action is pending. A maximum of 15 cents per credit hour 22 may be allocated from the capital improvement fee for child 23 care centers conducted by the community college. 24 (12) In addition to tuition, out-of-state, financial 25 aid, capital improvement, student activity and service, and 26 technology fees authorized in this section, each community 27 college board of trustees is authorized to establish fee 28 schedules for the following user fees and fines: laboratory 29 fees; parking fees and fines; library fees and fines; fees and 30 fines relating to facilities and equipment use or damage; 31 access or identification card fees; duplicating, photocopying, 13 8:48 AM 04/03/02 s0002Dc1b-20j04
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 085148 1 binding, or microfilming fees; standardized testing fees; 2 diploma replacement fees; transcript fees; application fees; 3 graduation fees; transportation fees; and late fees related to 4 registration and payment. Such user fees and fines shall not 5 exceed the cost of the services provided and shall only be 6 charged to persons receiving the service. A community college 7 may not charge any fee except as authorized by law or rules of 8 the State Board of Education. Parking fee revenues may be 9 pledged by a community college board of trustees as a 10 dedicated revenue source for the repayment of debt, including 11 lease-purchase agreements and revenue bonds with terms not 12 exceeding 20 years and not exceeding the useful life of the 13 asset being financed. Community colleges shall use the 14 services of the Division of Bond Finance of the State Board of 15 Administration to issue any revenue bonds authorized by the 16 provisions of this subsection. Any such bonds issued by the 17 Division of Bond Finance shall be in compliance with the 18 provisions of the State Bond Act. Bonds issued pursuant to the 19 State Bond Act shall be validated in the manner established in 20 chapter 75. The complaint for such validation shall be filed 21 in the circuit court of the county where the seat of state 22 government is situated, the notice required to be published by 23 s. 75.06 shall be published only in the county where the 24 complaint is filed, and the complaint and order of the circuit 25 court shall be served only on the state attorney of the 26 circuit in which the action is pending. 27 (13) The State Board of Education shall specify, as 28 necessary, by rule, approved methods of student fee payment. 29 Such methods shall include, but not be limited to, student fee 30 payment; payment through federal, state, or institutional 31 financial aid; and employer fee payments. 14 8:48 AM 04/03/02 s0002Dc1b-20j04
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 085148 1 (14) Each community college board of trustees shall 2 report only those students who have actually enrolled in 3 instruction provided or supervised by instructional personnel 4 under contract with the community college in calculations of 5 actual full-time equivalent enrollments for state funding 6 purposes. No student who has been exempted from taking a 7 course or who has been granted academic or technical credit 8 through means other than actual coursework completed at the 9 granting institution shall be calculated for enrollment in the 10 course from which he or she has been exempted or granted 11 credit. Community colleges that report enrollments in 12 violation of this subsection shall be penalized at a rate 13 equal to two times the value of such enrollments. Such penalty 14 shall be charged against the following year's allocation from 15 the Community College Program Fund and shall revert to the 16 General Revenue Fund. 17 (15) Each community college may assess a service 18 charge for the payment of tuition and fees in installments. 19 Such service charge must be approved by the community college 20 board of trustees. 21 (16) The State Board of Education shall adopt a rule 22 specifying the definitions and procedures to be used in the 23 calculation of the percentage of cost paid by students. The 24 rule must provide for the calculation of the full cost of 25 educational programs based on the allocation of all funds 26 provided through the general current fund to programs of 27 instruction, and other activities as provided in the annual 28 expenditure analysis. The rule shall be developed in 29 consultation with the Legislature. 30 31 15 8:48 AM 04/03/02 s0002Dc1b-20j04