HB 1443 2003
1	CHAMBER ACTION
2
3
4
5
6	The Committee on Education K-20 recommends the following:
7
8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to postsecondary student fees; amending s.
12	1009.22, F.S.; revising provisions relating to workforce
13	development postsecondary student fees; requiring
14	establishment of tuition and out-of-state fees;
15	authorizing establishment of certain discretionary fees;
16	providing for expenditure of fees; revising the amount,
17	allocation, and application of certain fees; amending s.
18	1009.23, F.S.; revising provisions relating to community
19	college student fees; deleting provisions relating to use
20	of fees to support safety and security purposes; revising
21	the amount and allocation of certain fees; amending s.
22	1001.64, F.S.; correcting cross references; providing an
23	effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1. Section 1009.22, Florida Statutes, is amended
28	to read:
29	1009.22 Workforce development postsecondary student
30	fees.--
31	(1) This section applies to students enrolled in workforce
32	development programs who are reported for funding through the
33	Workforce Development Education Fund, except that college credit
34	fees for the community colleges are governed by s. 1009.23.
35	(2) All students shall be charged fees except students who
36	are exempt from fees or students whose fees are waived.
37	(3)(a) The Commissioner of Education shall provide to the
38	State Board of Education no later than December 31 of each year
39	a schedule of fees for workforce development education,
40	excluding continuing workforce education, for school districts
41	and community colleges. The fee schedule shall be based on the
42	amount of student fees necessary to produce 25 percent of the
43	prior year's average cost of a course of study leading to a
44	certificate or diploma. Except as otherwise provided by law,
45	fees for students who are not residents for tuition purposes
46	must offset the full cost of instruction. Fee-nonexempt students
47	enrolled in vocational-preparatory instruction shall be charged
48	fees equal to the fees charged for certificate career education
49	instruction or adult general education instruction. Each
50	community college that conducts college-preparatory and
51	vocational-preparatory instruction in the same class section may
52	charge a single fee for both types of instruction.
53	(b) Fees for continuing workforce education shall be
54	locally determined by the district school board or community
55	college board. However, at least 50 percent of the expenditures
56	for the continuing workforce education program provided by the
57	community college or school district must be derived from fees.
58	(c) The State Board of Education shall adopt a fee
59	schedule for school districts and community colleges that
60	produces the fee revenues calculated pursuant to paragraph (a).
61	The schedule so calculated shall take effect, unless otherwise
62	specified in the General Appropriations Act.
63	(d) The State Board of Education shall adopt, by rule, the
64	definitions and procedures that district school boards shall use
65	in the calculation of cost borne by students.
66	(4) Each district school board and community college board
67	of trustees shall establish tuition and out-of-state fees which
68	may vary no more than 10 percent below and 15 percent above the
69	fee schedule adopted by the State Board of Education unless the
70	Legislature provides an alternative fee schedule in the General
71	Appropriations Act.
72	(5)(4)A district school board or community college board
73	that has a service area that borders another state may implement
74	a plan for a differential out-of-state fee.
75	(6) Each district school board and community college board
76	of trustees may establish the following discretionary fees in an
77	amount the total of which may not exceed 15 percent of tuition
78	for resident students or 15 percent of tuition and out-of-state
79	fees for nonresident students. The student activity and service
80	fee shall be charged as a percentage of the tuition fee, and the
81	financial aid fee shall be charged as a percentage of the
82	tuition fee for resident students and of the tuition and out-of-
83	state fees for nonresident students.
84	(a) A separate student activity and service fee. The
85	student activity and service fee shall be collected as a
86	component part of the tuition and fees. The student activity and
87	service fees shall be paid into a student activity and service
88	fund of the school district or the community college and shall
89	be expended for lawful purposes to benefit the student body.
90	These purposes include, but are not limited to, student
91	publications and grants to recognized student organizations, the
92	membership of which are open to all students at the community
93	college or to all students within the school district who
94	participate in postsecondary workforce education programs
95	without regard to race, gender, or religion.
96	(b)(5) Each district school board and community college
97	board of trustees may establishA separate fee for financial aid
98	purposes in an additional amount of up to 10 percent of the
99	student fees collected for workforce development programs funded
100	through the Workforce Development Education Fund. All fees
101	collected shall be deposited into a separate workforce
102	development student financial aid fee trust fund of the school
103	district or community college to support students enrolled in
104	workforce development programs. Any undisbursed balance
105	remaining in the trust fund and interest income accruing to
106	investments from the trust fund shall increase the total funds
107	available for distribution to workforce development education
108	students. Awards shall be based on student financial need and
109	distributed in accordance with a nationally recognized system of
110	need analysis approved by the State Board of Education.
111
112	Fees collected pursuant to this subsection shall be allocated in
113	an expeditious manner.
114	(7)(6)Each district school board and community college
115	board of trustees may establish a separate fee for capital
116	improvements, technology enhancements, or equipping buildings
117	which may not exceed $4.76 per credit hour or credit hour
118	equivalent with the provision that this fee is at the discretion
119	of each local board of trustees or district school board and is
120	not increased more than $1 per credit hour or credit hour
121	equivalent in any 1 year until the limit of $4.76 is reached5
122	percent of tuition for resident students or 5 percent of tuition
123	and out-of-state fees for nonresident students. Funds collected
124	by community colleges through these fees may be bonded only for
125	the purpose of financing or refinancing new construction and
126	equipment, renovation, or remodeling of educational facilities.
127	The fee shall be collected as a component part of the tuition
128	and fees, paid into a separate account, and expended only to
129	construct and equip, maintain, improve, or enhance the
130	certificate career education or adult education facilities of
131	the school district or community college. Projects funded
132	through the use of the capital improvement fee must meet the
133	survey and construction requirements of chapter 1013. Pursuant
134	to s. 216.0158, each district school board and community college
135	board of trustees shall identify each project, including
136	maintenance projects, proposed to be funded in whole or in part
137	by such fee. Capital improvement fee revenues may be pledged by
138	a board of trustees as a dedicated revenue source to the
139	repayment of debt, including lease-purchase agreements and
140	revenue bonds, with a term not to exceed 20 years, and not to
141	exceed the useful life of the asset being financed, only for the
142	new construction and equipment, renovation, or remodeling of
143	educational facilities. Community colleges may use the services
144	of the Division of Bond Finance of the State Board of
145	Administration to issue any bonds authorized through the
146	provisions of this subsection. Any such bonds issued by the
147	Division of Bond Finance shall be in compliance with the
148	provisions of the State Bond Act. Bonds issued pursuant to the
149	State Bond Act shall be validated in the manner provided by
150	chapter 75. The complaint for such validation shall be filed in
151	the circuit court of the county where the seat of state
152	government is situated, the notice required to be published by
153	s. 75.06 shall be published only in the county where the
154	complaint is filed, and the complaint and order of the circuit
155	court shall be served only on the state attorney of the circuit
156	in which the action is pending. A maximum of 15 percentcents
157	per credit hourmay be allocated from the capital improvement
158	fee for child care centers conducted by the district school
159	board or community college board of trustees.
160	(8)(7)Each district school board and community college
161	board of trustees is authorized to establish a separate fee for
162	technology, not to exceed $1.80 per credit hour or credit-hour
163	equivalent for resident students and not more than $5.40 per
164	credit hour or credit-hour equivalent for nonresident students,
165	or the equivalent, to be expended in accordance with technology
166	improvement plans. The technology fee may apply only to
167	associate degree programs and courses.Fifty percent of
168	technology fee revenues may be pledged by a community college
169	board of trustees as a dedicated revenue source for the
170	repayment of debt, including lease-purchase agreements, not to
171	exceed the useful life of the asset being financed. Revenues
172	generated from the technology fee may not be bonded.
173	(9)(8)Each district school board and community college
174	board of trustees is authorized to establish specific fees for
175	workforce development instruction not reported for state funding
176	purposes or for workforce development instruction not reported
177	as state funded full-time equivalent students. District school
178	boards and community college boards of trustees are not required
179	to charge any other fee specified in this section for this type
180	of instruction.
181	(10)(9)Community college boards of trustees and district
182	school boards are not authorized to charge students enrolled in
183	workforce development programs any fee that is not specifically
184	authorized by statute. In addition to tuition, out-of-state,
185	financial aid, capital improvement, and technology fees, as
186	authorized in this section, community college boards of trustees
187	and district school boards are authorized to establish fee
188	schedules for the following user fees and fines: laboratory
189	fees; parking fees and fines; library fees and fines; fees and
190	fines relating to facilities and equipment use or damage; access
191	or identification card fees; duplicating, photocopying, binding,
192	or microfilming fees; standardized testing fees; diploma
193	replacement fees; transcript fees; application fees; graduation
194	fees; and late fees related to registration and payment. Such
195	user fees and finesshall not exceed the cost of the services
196	provided and shall only be charged to persons receiving the
197	service. Parking fee revenues may be pledged by a community
198	college board of trustees as a dedicated revenue source for the
199	repayment of debt, including lease-purchase agreements and
200	revenue bonds with terms not exceeding 20 years and not
201	exceeding the useful life of the asset being financed. Community
202	colleges shall use the services of the Division of Bond Finance
203	of the State Board of Administration to issue any revenue bonds
204	authorized by the provisions of this subsection. Any such bonds
205	issued by the Division of Bond Finance shall be in compliance
206	with the provisions of the State Bond Act. Bonds issued pursuant
207	to the State Bond Act shall be validated in the manner
208	established in chapter 75. The complaint for such validation
209	shall be filed in the circuit court of the county where the seat
210	of state government is situated, the notice required to be
211	published by s. 75.06 shall be published only in the county
212	where the complaint is filed, and the complaint and order of the
213	circuit court shall be served only on the state attorney of the
214	circuit in which the action is pending.
215	(11)(10)Each year the State Board of Education shall
216	review and evaluate the percentage of the cost of adult programs
217	and certificate career education programs supported through
218	student fees. For students who are residents for tuition
219	purposes, the schedule adopted pursuant to subsection (3) must
220	produce revenues equal to 25 percent of the prior year's average
221	program cost for college-preparatory and certificate-level
222	workforce development programs. Fees for continuing workforce
223	education shall be locally determined by the district school
224	board or community college board. However, at least 50 percent
225	of the expenditures for the continuing workforce education
226	program provided by the community college or school district
227	must be derived from fees. Except as otherwise provided by law,
228	fees for students who are not residents for tuition purposes
229	must offset the full cost of instruction.
230	(12)(11)Each school district and community college may
231	assess a service charge for the payment of tuition and fees in
232	installments. Such service charge must be approved by the
233	district school board or community college board of trustees.
234	(13)(12)Any school district or community college that
235	reports students who have not paid fees in an approved manner in
236	calculations of full-time equivalent enrollments for state
237	funding purposes shall be penalized at a rate equal to 2 times
238	the value of such enrollments. Such penalty shall be charged
239	against the following year's allocation from the Florida
240	Workforce Development Education Fund or the Community College
241	Program Fund and shall revert to the General Revenue Fund. The
242	State Board of Education shall specify, in rule, approved
243	methods of student fee payment. Such methods must include, but
244	need not be limited to, student fee payment; payment through
245	federal, state, or institutional financial aid; and employer fee
246	payments.
247	(14)(13)Each school district and community college shall
248	report only those students who have actually enrolled in
249	instruction provided or supervised by instructional personnel
250	under contract with the district or community college in
251	calculations of actual full-time enrollments for state funding
252	purposes. A student who has been exempted from taking a course
253	or who has been granted academic or technical credit through
254	means other than actual coursework completed at the granting
255	institution may not be calculated for enrollment in the course
256	from which the student has been exempted or for which the
257	student has been granted credit. School districts and community
258	colleges that report enrollments in violation of this subsection
259	shall be penalized at a rate equal to 2 times the value of such
260	enrollments. Such penalty shall be charged against the following
261	year's allocation from the Workforce Development Education Fund
262	and shall revert to the General Revenue Fund.
263	Section 2. Subsections (4), (11), and (12) of section
264	1009.23, Florida Statutes, are amended to read:
265	1009.23 Community college student fees.--
266	(4) Each community college board of trustees shall
267	establish tuition and out-of-state fees, which may vary no more
268	than 10 percent below and 15 percent above the combined total of
269	the fee schedule adopted by the State Board of Education and the
270	technology fee adopted by a board of trustees, provided that any
271	amount from 10 to 15 percent above the fee schedule is used only
272	to support safety and security purposes. In order to assess an
273	additional amount for safety and security purposes, a community
274	college board of trustees must provide written justification to
275	the State Board of Education based on criteria approved by the
276	board of trustees, including, but not limited to, criteria such
277	as local crime data and information, and strategies for the
278	implementation of local safety plans. Should a college decide to
279	increase the tuition fee, the funds raised by increasing the
280	tuition fee must be expended solely for additional safety and
281	security purposes and shall not supplant funding expended in the
282	1998-1999 budget for safety and security purposes.
283	(11) Each community college board of trustees may
284	establish a separate fee for capital improvements, technology
285	enhancements, or equipping student buildings which may not
286	exceed $4.76$1 per credit hour with the provision that this fee
287	is at the discretion of each local board of trustees and is not
288	increased more than $1 per credit hour in any 1 year until the
289	limit of $4.76 is reachedor credit-hour equivalent for
290	residents and which equals or exceeds $3 per credit hour for
291	nonresidents. Funds collected by community colleges through
292	these fees may be bonded only for the purpose of financing or
293	refinancing new construction and equipment, renovation, or
294	remodeling of educational facilities. The fee shall be collected
295	as a component part of the tuition and fees, paid into a
296	separate account, and expended only to construct and equip,
297	maintain, improve, or enhance the educational facilities of the
298	community college. Projects funded through the use of the
299	capital improvement fee shall meet the survey and construction
300	requirements of chapter 1013. Pursuant to s. 216.0158, each
301	community college shall identify each project, including
302	maintenance projects, proposed to be funded in whole or in part
303	by such fee. Capital improvement fee revenues may be pledged by
304	a board of trustees as a dedicated revenue source to the
305	repayment of debt, including lease-purchase agreements and
306	revenue bonds, with a term not to exceed 20 years, and not to
307	exceed the useful life of the asset being financed, only for the
308	new construction and equipment, renovation, or remodeling of
309	educational facilities. Community colleges may use the services
310	of the Division of Bond Finance of the State Board of
311	Administration to issue any bonds authorized through the
312	provisions of this subsection. Any such bonds issued by the
313	Division of Bond Finance shall be in compliance with the
314	provisions of the State Bond Act. Bonds issued pursuant to the
315	State Bond Act shall be validated in the manner provided by
316	chapter 75. The complaint for such validation shall be filed in
317	the circuit court of the county where the seat of state
318	government is situated, the notice required to be published by
319	s. 75.06 shall be published only in the county where the
320	complaint is filed, and the complaint and order of the circuit
321	court shall be served only on the state attorney of the circuit
322	in which the action is pending. A maximum of 15 percentcents
323	per credit hourmay be allocated from the capital improvement
324	fee for child care centers conducted by the community college.
325	(12) In addition to tuition, out-of-state, financial aid,
326	capital improvement, student activity and service, and
327	technology fees authorized in this section, each community
328	college board of trustees is authorized to establish fee
329	schedules for the following user fees and fines: laboratory
330	fees; parking fees and fines; library fees and fines; fees and
331	fines relating to facilities and equipment use or damage; access
332	or identification card fees; duplicating, photocopying, binding,
333	or microfilming fees; standardized testing fees; diploma
334	replacement fees; transcript fees; application fees; graduation
335	fees; and late fees related to registration and payment. Such
336	user fees and finesshall not exceed the cost of the services
337	provided and shall only be charged to persons receiving the
338	service. A community college may not charge any fee except as
339	authorized by law or rules of the State Board of Education.
340	Parking fee revenues may be pledged by a community college board
341	of trustees as a dedicated revenue source for the repayment of
342	debt, including lease-purchase agreements and revenue bonds with
343	terms not exceeding 20 years and not exceeding the useful life
344	of the asset being financed. Community colleges shall use the
345	services of the Division of Bond Finance of the State Board of
346	Administration to issue any revenue bonds authorized by the
347	provisions of this subsection. Any such bonds issued by the
348	Division of Bond Finance shall be in compliance with the
349	provisions of the State Bond Act. Bonds issued pursuant to the
350	State Bond Act shall be validated in the manner established in
351	chapter 75. The complaint for such validation shall be filed in
352	the circuit court of the county where the seat of state
353	government is situated, the notice required to be published by
354	s. 75.06 shall be published only in the county where the
355	complaint is filed, and the complaint and order of the circuit
356	court shall be served only on the state attorney of the circuit
357	in which the action is pending.
358	Section 3. Subsection (38) of section 1001.64, Florida
359	Statutes, is amended to read:
360	1001.64 Community college boards of trustees; powers and
361	duties.--
362	(38) Each board of trustees is authorized to borrow funds
363	and incur debt, including entering into lease-purchase
364	agreements and the issuance of revenue bonds as specifically
365	authorized and only for the purposes authorized in ss.
366	1009.22(7)(6) and (10)(9)and 1009.23(11) and (12). At the
367	option of the board of trustees, bonds may be issued which are
368	secured by a combination of revenues authorized to be pledged to
369	bonds pursuant to ss. 1009.22(7)(6)and 1009.23(11) or ss.
370	1009.22(10)(9)and 1009.23(12). Lease-purchase agreements may be
371	secured by a combination of revenues as specifically authorized
372	pursuant to ss. 1009.22(8)(7)and 1009.23(10).
373	Section 4. This act shall take effect upon becoming a law.