Senate Bill sb1368
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Florida Senate - 2003 SB 1368
By Senator Webster
9-1065-03
1 A bill to be entitled
2 An act relating to education; amending s.
3 1009.22, F.S., relating to workforce
4 development student fees; revising guidelines
5 applicable to fees for vocational-preparatory
6 instruction; providing restrictions on tuition
7 and out-of-state fees that district school
8 boards and community college boards of trustees
9 may establish; allowing school boards and
10 community college boards to establish a
11 discretionary, separate student activity and
12 service fee; establishing a maximum amount for
13 discretionary fees; providing for uses of
14 revenues from discretionary fees; amending the
15 maximum allowable amount of the fee for capital
16 improvements, technology enhancements, or
17 equipping buildings; amending the maximum
18 amount that may be allocated from the capital
19 improvement fee revenues for child care
20 centers; deleting a restriction on the
21 applicability of the technology fee;
22 redesignating certain charges as user fees,
23 rather than fines; amending s. 1009.23, F.S.;
24 amending the maximum allowable amount of the
25 community college fee for capital improvements,
26 technology enhancements, or equipping student
27 buildings; amending the maximum amount that may
28 be allocated from the capital improvement fee
29 for child care centers conducted by the
30 community college; redesignating certain
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Florida Senate - 2003 SB 1368
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1 charges as user fees, rather than fines;
2 providing an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
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6 Section 1. Paragraph (a) of subsection (3) and
7 subsections (4), (5), (6), (7), and (9) of section 1009.22,
8 Florida Statutes, are amended to read:
9 1009.22 Workforce development postsecondary student
10 fees.--
11 (3)(a) The Commissioner of Education shall provide to
12 the State Board of Education no later than December 31 of each
13 year a schedule of fees for workforce development education,
14 excluding continuing workforce education, for school districts
15 and community colleges. The fee schedule shall be based on the
16 amount of student fees necessary to produce 25 percent of the
17 prior year's average cost of a course of study leading to a
18 certificate or diploma. Except as otherwise provided by law,
19 fees for students who are not residents for tuition purposes
20 must offset the full cost of instruction. Fee-nonexempt
21 students enrolled in vocational-preparatory instruction shall
22 be charged fees equal to the fees charged for certificate
23 career education instruction or adult general-education
24 instruction. Each community college that conducts
25 college-preparatory and vocational-preparatory instruction in
26 the same class section may charge a single fee for both types
27 of instruction.
28 (4)(a) Each district school board and community
29 college board of trustees shall establish tuition and
30 out-of-state fees, in an amount that may be no more than 10
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Florida Senate - 2003 SB 1368
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1 percent below to 15 percent above the amount on the fee
2 schedule adopted by the State Board of Education.
3 (b) A district school board or community college board
4 that has a service area that borders another state may
5 implement a plan for a differential out-of-state fee.
6 (5) Each district school board and community college
7 board of trustees may establish the following discretionary
8 fees in an amount not to exceed 15 percent of fees:
9 (a) A separate student activity and service fee. The
10 student activity and service fee must be collected as a
11 component part of the tuition and fees. Student activity and
12 service fees must be paid into a restricted account and
13 expended for campus-related activities for students, including
14 student publications, clubs, and organizations. Such funds may
15 not be expended for ongoing expenses in the operating budget
16 for student services such as counseling and financial aid
17 administration.
18 (b) A separate fee for financial aid purposes in an
19 additional amount of up to 10 percent of the student fees
20 collected for workforce development programs funded through
21 the Workforce Development Education Fund. All fees collected
22 shall be deposited into a separate workforce development
23 student financial aid fee trust fund of the school district or
24 community college to support students enrolled in workforce
25 development programs. Any undisbursed balance remaining in the
26 trust fund and interest income accruing to investments from
27 the trust fund shall increase the total funds available for
28 distribution to workforce development education students.
29 Awards shall be based on student financial need and
30 distributed in accordance with a nationally recognized system
31 of need analysis approved by the State Board of Education.
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1 Fees collected pursuant to this paragraph subsection shall be
2 allocated in an expeditious manner.
3 (6) Each district school board and community college
4 board of trustees may establish a separate fee for capital
5 improvements, technology enhancements, or equipping buildings
6 which may not exceed $4.76 per credit hour or credit hour
7 equivalent 5 percent of tuition for resident students or 5
8 percent of tuition and out-of-state fees for nonresident
9 students. Funds collected by community colleges through these
10 fees may be bonded only for the purpose of financing or
11 refinancing new construction and equipment, renovation, or
12 remodeling of educational facilities. The fee shall be
13 collected as a component part of the tuition and fees, paid
14 into a separate account, and expended only to construct and
15 equip, maintain, improve, or enhance the certificate career
16 education or adult education facilities of the school district
17 or community college. Projects funded through the use of the
18 capital improvement fee must meet the survey and construction
19 requirements of chapter 1013. Pursuant to s. 216.0158, each
20 district school board and community college board of trustees
21 shall identify each project, including maintenance projects,
22 proposed to be funded in whole or in part by such fee. Capital
23 improvement fee revenues may be pledged by a board of trustees
24 as a dedicated revenue source to the repayment of debt,
25 including lease-purchase agreements and revenue bonds, with a
26 term not to exceed 20 years, and not to exceed the useful life
27 of the asset being financed, only for the new construction and
28 equipment, renovation, or remodeling of educational
29 facilities. Community colleges may use the services of the
30 Division of Bond Finance of the State Board of Administration
31 to issue any bonds authorized through the provisions of this
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1 subsection. Any such bonds issued by the Division of Bond
2 Finance shall be in compliance with the provisions of the
3 State Bond Act. Bonds issued pursuant to the State Bond Act
4 shall be validated in the manner provided by chapter 75. The
5 complaint for such validation shall be filed in the circuit
6 court of the county where the seat of state government is
7 situated, the notice required to be published by s. 75.06
8 shall be published only in the county where the complaint is
9 filed, and the complaint and order of the circuit court shall
10 be served only on the state attorney of the circuit in which
11 the action is pending. A maximum of 15 percent cents per
12 credit hour may be allocated from the capital improvement fee
13 for child care centers conducted by the district school board
14 or community college board of trustees.
15 (7) Each district school board and community college
16 board of trustees is authorized to establish a separate fee
17 for technology, not to exceed $1.80 per credit hour or
18 credit-hour equivalent for resident students and not more than
19 $5.40 per credit hour or credit-hour equivalent for
20 nonresident students, or the equivalent, to be expended in
21 accordance with technology improvement plans. The technology
22 fee may apply only to associate degree programs and courses.
23 Fifty percent of technology fee revenues may be pledged by a
24 community college board of trustees as a dedicated revenue
25 source for the repayment of debt, including lease-purchase
26 agreements, not to exceed the useful life of the asset being
27 financed. Revenues generated from the technology fee may not
28 be bonded.
29 (9) Community college boards of trustees and district
30 school boards are not authorized to charge students enrolled
31 in workforce development programs any fee that is not
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1 specifically authorized by statute. In addition to tuition,
2 out-of-state, financial aid, capital improvement, and
3 technology fees, as authorized in this section, community
4 college boards of trustees and district school boards are
5 authorized to establish fee schedules for the following user
6 fees and fines: laboratory fees; parking fees and fines;
7 library fees and fines; fees and fines relating to facilities
8 and equipment use or damage; access or identification card
9 fees; duplicating, photocopying, binding, or microfilming
10 fees; standardized testing fees; diploma replacement fees;
11 transcript fees; application fees; graduation fees; and late
12 fees related to registration and payment. Such user fees and
13 fines shall not exceed the cost of the services provided and
14 shall only be charged to persons receiving the service.
15 Parking fee revenues may be pledged by a community college
16 board of trustees as a dedicated revenue source for the
17 repayment of debt, including lease-purchase agreements and
18 revenue bonds with terms not exceeding 20 years and not
19 exceeding the useful life of the asset being financed.
20 Community colleges shall use the services of the Division of
21 Bond Finance of the State Board of Administration to issue any
22 revenue bonds authorized by the provisions of this subsection.
23 Any such bonds issued by the Division of Bond Finance shall be
24 in compliance with the provisions of the State Bond Act. Bonds
25 issued pursuant to the State Bond Act shall be validated in
26 the manner established in chapter 75. The complaint for such
27 validation shall be filed in the circuit court of the county
28 where the seat of state government is situated, the notice
29 required to be published by s. 75.06 shall be published only
30 in the county where the complaint is filed, and the complaint
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Florida Senate - 2003 SB 1368
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1 and order of the circuit court shall be served only on the
2 state attorney of the circuit in which the action is pending.
3 Section 2. Subsections (4), (11), and (12) of section
4 1009.23, Florida Statutes, are amended to read:
5 1009.23 Community college student fees.--
6 (4) Each community college board of trustees shall
7 establish tuition and out-of-state fees, which may vary no
8 more than 10 percent below and 15 percent above the combined
9 total of the fee schedule adopted by the State Board of
10 Education and the technology fee adopted by a board of
11 trustees, provided that any amount from 10 to 15 percent above
12 the fee schedule is used only to support safety and security
13 purposes. In order to assess an additional amount for safety
14 and security purposes, a community college board of trustees
15 must provide written justification to the State Board of
16 Education based on criteria approved by the board of trustees,
17 including, but not limited to, criteria such as local crime
18 data and information, and strategies for the implementation of
19 local safety plans. Should a college decide to increase the
20 tuition fee, the funds raised by increasing the tuition fee
21 must be expended solely for additional safety and security
22 purposes and shall not supplant funding expended in the
23 1998-1999 budget for safety and security purposes.
24 (11) Each community college board of trustees may
25 establish a separate fee for capital improvements, technology
26 enhancements, or equipping student buildings which may not
27 exceed $4.76 $1 per credit hour or credit-hour equivalent for
28 residents and which equals or exceeds $3 per credit hour for
29 nonresidents. Funds collected by community colleges through
30 these fees may be bonded only for the purpose of financing or
31 refinancing new construction and equipment, renovation, or
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Florida Senate - 2003 SB 1368
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1 remodeling of educational facilities. The fee shall be
2 collected as a component part of the tuition and fees, paid
3 into a separate account, and expended only to construct and
4 equip, maintain, improve, or enhance the educational
5 facilities of the community college. Projects funded through
6 the use of the capital improvement fee shall meet the survey
7 and construction requirements of chapter 1013. Pursuant to s.
8 216.0158, each community college shall identify each project,
9 including maintenance projects, proposed to be funded in whole
10 or in part by such fee. Capital improvement fee revenues may
11 be pledged by a board of trustees as a dedicated revenue
12 source to the repayment of debt, including lease-purchase
13 agreements and revenue bonds, with a term not to exceed 20
14 years, and not to exceed the useful life of the asset being
15 financed, only for the new construction and equipment,
16 renovation, or remodeling of educational facilities. Community
17 colleges may use the services of the Division of Bond Finance
18 of the State Board of Administration to issue any bonds
19 authorized through the provisions of this subsection. Any such
20 bonds issued by the Division of Bond Finance shall be in
21 compliance with the provisions of the State Bond Act. Bonds
22 issued pursuant to the State Bond Act shall be validated in
23 the manner provided by chapter 75. The complaint for such
24 validation shall be filed in the circuit court of the county
25 where the seat of state government is situated, the notice
26 required to be published by s. 75.06 shall be published only
27 in the county where the complaint is filed, and the complaint
28 and order of the circuit court shall be served only on the
29 state attorney of the circuit in which the action is pending.
30 A maximum of 15 percent cents per credit hour may be allocated
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Florida Senate - 2003 SB 1368
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1 from the capital improvement fee for child care centers
2 conducted by the community college.
3 (12) In addition to tuition, out-of-state, financial
4 aid, capital improvement, student activity and service, and
5 technology fees authorized in this section, each community
6 college board of trustees is authorized to establish fee
7 schedules for the following user fees and fines: laboratory
8 fees; parking fees and fines; library fees and fines; fees and
9 fines relating to facilities and equipment use or damage;
10 access or identification card fees; duplicating, photocopying,
11 binding, or microfilming fees; standardized testing fees;
12 diploma replacement fees; transcript fees; application fees;
13 graduation fees; and late fees related to registration and
14 payment. Such user fees and fines shall not exceed the cost of
15 the services provided and shall only be charged to persons
16 receiving the service. A community college may not charge any
17 fee except as authorized by law or rules of the State Board of
18 Education. Parking fee revenues may be pledged by a community
19 college board of trustees as a dedicated revenue source for
20 the repayment of debt, including lease-purchase agreements and
21 revenue bonds with terms not exceeding 20 years and not
22 exceeding the useful life of the asset being financed.
23 Community colleges shall use the services of the Division of
24 Bond Finance of the State Board of Administration to issue any
25 revenue bonds authorized by the provisions of this subsection.
26 Any such bonds issued by the Division of Bond Finance shall be
27 in compliance with the provisions of the State Bond Act. Bonds
28 issued pursuant to the State Bond Act shall be validated in
29 the manner established in chapter 75. The complaint for such
30 validation shall be filed in the circuit court of the county
31 where the seat of state government is situated, the notice
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1 required to be published by s. 75.06 shall be published only
2 in the county where the complaint is filed, and the complaint
3 and order of the circuit court shall be served only on the
4 state attorney of the circuit in which the action is pending.
5 Section 3. This act shall take effect July 1, 2003.
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8 SENATE SUMMARY
9 Amends provisions relating to the maximum amounts and the
allocation of workforce development student fees and
10 community college student fees.
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