Senate Bill sb1368c1

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    Florida Senate - 2003                           CS for SB 1368

    By the Committee on Education; and Senator Webster





    304-1932-03

  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

31  

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    Florida Senate - 2003                           CS for SB 1368
    304-1932-03




 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:

 5  

 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

31  percent below to 15 percent above the amount on the fee

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    Florida Senate - 2003                           CS for SB 1368
    304-1932-03




 1  schedule adopted by the State Board of Education, unless the

 2  Legislature provides an alternative fee schedule in the

 3  General Appropriations Act.

 4         (b)  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 the following discretionary

 9  fees in an amount the total of which may not exceed 15 percent

10  of tuition for resident students or 15 percent of tuition and

11  out-of-state fees for nonresident students. The student

12  activity and service fee shall be charged as a percentage of

13  the tuition fee, and the financial aid fee shall be charged as

14  a percentage of the tuition fee for resident students and of

15  the tuition and out-of-state fees for nonresident students.

16         (a)  A separate student activity and service fee. The

17  student activity and service fee shall be collected as a

18  component part of the tuition and fees. The student activity

19  and service fees shall be paid into a student activity and

20  service fund at the community college and shall be expended

21  for lawful purposes to benefit the student body. These

22  purposes include, but are not limited to, student publications

23  and grants to recognized student organizations, the membership

24  of which is open to all students at the community college

25  without regard to race, gender, or religion.

26         (b)  A separate fee for financial aid purposes in an

27  additional amount of up to 10 percent of the student fees

28  collected for workforce development programs funded through

29  the Workforce Development Education Fund. All fees collected

30  shall be deposited into a separate workforce development

31  student financial aid fee trust fund of the school district or

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    Florida Senate - 2003                           CS for SB 1368
    304-1932-03




 1  community college to support students enrolled in workforce

 2  development programs. Any undisbursed balance remaining in the

 3  trust fund and interest income accruing to investments from

 4  the trust fund shall increase the total funds available for

 5  distribution to workforce development education students.

 6  Awards shall be based on student financial need and

 7  distributed in accordance with a nationally recognized system

 8  of need analysis approved by the State Board of Education.

 9  Fees collected pursuant to this paragraph subsection shall be

10  allocated in an expeditious manner.

11         (6)  Each district school board and community college

12  board of trustees may establish a separate fee for capital

13  improvements, technology enhancements, or equipping buildings

14  which may not exceed $4.76 per credit hour or credit hour

15  equivalent 5 percent of tuition for resident students or 5

16  percent of tuition and out-of-state fees for nonresident

17  students. Funds collected by community colleges through these

18  fees may be bonded only for the purpose of financing or

19  refinancing new construction and equipment, renovation, or

20  remodeling of educational facilities. The fee shall be

21  collected as a component part of the tuition and fees, paid

22  into a separate account, and expended only to construct and

23  equip, maintain, improve, or enhance the certificate career

24  education or adult education facilities of the school district

25  or community college. Projects funded through the use of the

26  capital improvement fee must meet the survey and construction

27  requirements of chapter 1013. Pursuant to s. 216.0158, each

28  district school board and community college board of trustees

29  shall identify each project, including maintenance projects,

30  proposed to be funded in whole or in part by such fee. Capital

31  improvement fee revenues may be pledged by a board of trustees

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    Florida Senate - 2003                           CS for SB 1368
    304-1932-03




 1  as a dedicated revenue source to the repayment of debt,

 2  including lease-purchase agreements and revenue bonds, with a

 3  term not to exceed 20 years, and not to exceed the useful life

 4  of the asset being financed, only for the new construction and

 5  equipment, renovation, or remodeling of educational

 6  facilities. Community colleges may use the services of the

 7  Division of Bond Finance of the State Board of Administration

 8  to issue any bonds authorized through the provisions of this

 9  subsection. Any such bonds issued by the Division of Bond

10  Finance shall be in compliance with the provisions of the

11  State Bond Act. Bonds issued pursuant to the State Bond Act

12  shall be validated in the manner provided by chapter 75. The

13  complaint for such validation shall be filed in the circuit

14  court of the county where the seat of state government is

15  situated, the notice required to be published by s. 75.06

16  shall be published only in the county where the complaint is

17  filed, and the complaint and order of the circuit court shall

18  be served only on the state attorney of the circuit in which

19  the action is pending. A maximum of 15 percent cents per

20  credit hour may be allocated from the capital improvement fee

21  for child care centers conducted by the district school board

22  or community college board of trustees.

23         (7)  Each district school board and community college

24  board of trustees is authorized to establish a separate fee

25  for technology, not to exceed $1.80 per credit hour or

26  credit-hour equivalent for resident students and not more than

27  $5.40 per credit hour or credit-hour equivalent for

28  nonresident students, or the equivalent, to be expended in

29  accordance with technology improvement plans. The technology

30  fee may apply only to associate degree programs and courses.

31  Fifty percent of technology fee revenues may be pledged by a

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    Florida Senate - 2003                           CS for SB 1368
    304-1932-03




 1  community college board of trustees as a dedicated revenue

 2  source for the repayment of debt, including lease-purchase

 3  agreements, not to exceed the useful life of the asset being

 4  financed. Revenues generated from the technology fee may not

 5  be bonded.

 6         (9)  Community college boards of trustees and district

 7  school boards are not authorized to charge students enrolled

 8  in workforce development 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

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    Florida Senate - 2003                           CS for SB 1368
    304-1932-03




 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         Section 2.  Subsections (4), (11), and (12) of section

11  1009.23, Florida Statutes, are amended to read:

12         1009.23  Community college student fees.--

13         (4)  Each community college board of trustees shall

14  establish tuition and out-of-state fees, which may vary no

15  more than 10 percent below and 15 percent above the combined

16  total of the fee schedule adopted by the State Board of

17  Education and the technology fee adopted by a board of

18  trustees, provided that any amount from 10 to 15 percent above

19  the fee schedule is used only to support safety and security

20  purposes. In order to assess an additional amount for safety

21  and security purposes, a community college board of trustees

22  must provide written justification to the State Board of

23  Education based on criteria approved by the board of trustees,

24  including, but not limited to, criteria such as local crime

25  data and information, and strategies for the implementation of

26  local safety plans. Should a college decide to increase the

27  tuition fee, the funds raised by increasing the tuition fee

28  must be expended solely for additional safety and security

29  purposes and shall not supplant funding expended in the

30  1998-1999 budget for safety and security purposes.

31  

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    Florida Senate - 2003                           CS for SB 1368
    304-1932-03




 1         (11)  Each community college board of trustees may

 2  establish a separate fee for capital improvements, technology

 3  enhancements, or equipping student buildings which may not

 4  exceed $4.76 $1 per credit hour or credit-hour equivalent for

 5  residents and which equals or exceeds $3 per credit hour for

 6  nonresidents. Funds collected by community colleges through

 7  these fees may be bonded only for the purpose of financing or

 8  refinancing new construction and equipment, renovation, or

 9  remodeling of educational facilities. The fee shall be

10  collected as a component part of the tuition and fees, paid

11  into a separate account, and expended only to construct and

12  equip, maintain, improve, or enhance the educational

13  facilities of the community college. Projects funded through

14  the use of the capital improvement fee shall meet the survey

15  and construction requirements of chapter 1013. Pursuant to s.

16  216.0158, each community college shall identify each project,

17  including maintenance projects, proposed to be funded in whole

18  or in part by such fee. Capital improvement fee revenues may

19  be pledged by a board of trustees as a dedicated revenue

20  source to the repayment of debt, including lease-purchase

21  agreements and revenue bonds, with a term not to exceed 20

22  years, and not to exceed the useful life of the asset being

23  financed, only for the new construction and equipment,

24  renovation, or remodeling of educational facilities. Community

25  colleges may use the services of the Division of Bond Finance

26  of the State Board of Administration to issue any bonds

27  authorized through the provisions of this subsection. Any such

28  bonds issued by the Division of Bond Finance shall be in

29  compliance with the provisions of the State Bond Act. Bonds

30  issued pursuant to the State Bond Act shall be validated in

31  the manner provided by chapter 75. The complaint for such

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    Florida Senate - 2003                           CS for SB 1368
    304-1932-03




 1  validation shall be filed in the circuit court of the county

 2  where the seat of state government is situated, the notice

 3  required to be published by s. 75.06 shall be published only

 4  in the county where the complaint is filed, and the complaint

 5  and order of the circuit court shall be served only on the

 6  state attorney of the circuit in which the action is pending.

 7  A maximum of 15 percent cents per credit hour may be allocated

 8  from the capital improvement fee for child care centers

 9  conducted by the community college.

10         (12)  In addition to tuition, out-of-state, financial

11  aid, capital improvement, student activity and service, and

12  technology fees authorized in this section, each community

13  college board of trustees is authorized to establish fee

14  schedules for the following user fees and fines: laboratory

15  fees; parking fees and fines; library fees and fines; fees and

16  fines relating to facilities and equipment use or damage;

17  access or identification card fees; duplicating, photocopying,

18  binding, or microfilming fees; standardized testing fees;

19  diploma replacement fees; transcript fees; application fees;

20  graduation fees; and late fees related to registration and

21  payment. Such user fees and fines shall not exceed the cost of

22  the services provided and shall only be charged to persons

23  receiving the service. A community college may not charge any

24  fee except as authorized by law or rules of the State Board of

25  Education. Parking fee revenues may be pledged by a community

26  college board of trustees as a dedicated revenue source for

27  the repayment of debt, including lease-purchase agreements and

28  revenue bonds with terms not exceeding 20 years and not

29  exceeding the useful life of the asset being financed.

30  Community colleges shall use the services of the Division of

31  Bond Finance of the State Board of Administration to issue any

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    Florida Senate - 2003                           CS for SB 1368
    304-1932-03




 1  revenue bonds authorized by the provisions of this subsection.

 2  Any such bonds issued by the Division of Bond Finance shall be

 3  in compliance with the provisions of the State Bond Act. Bonds

 4  issued pursuant to the State Bond Act shall be validated in

 5  the manner established in chapter 75. The complaint for such

 6  validation shall be filed in the circuit court of the county

 7  where the seat of state government is situated, the notice

 8  required to be published by s. 75.06 shall be published only

 9  in the county where the complaint is filed, and the complaint

10  and order of the circuit court shall be served only on the

11  state attorney of the circuit in which the action is pending.

12         Section 3.  This act shall take effect July 1, 2003.

13  

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 1368

16                                 

17  Three changes are made in the committee substitute.  These
    changes are:
18  
    Language is added providing that if the Legislature sets a fee
19  schedule, then the fee schedule set by the Legislature shall
    have precedence over the fee schedule set by the State Board
20  of Education.

21  Clarification of the total amount of the discretionary student
    activity and service fee and of the financial aid fee is
22  provided. The basis for calculating each of the fees is
    specified.
23  
    Language was substituted to make the description of the
24  activity and service fee for workforce students similar to the
    community college activity and service fee language.
25  

26  

27  

28  

29  

30  

31  

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