HB 1781

1
A bill to be entitled
2An act relating to higher education finance policy;
3creating s. 1004.09, F.S.; requiring community colleges
4and state universities to submit annual reports that
5examine affordability and access; prescribing contents of
6the report; creating s. 1004.215, F.S.; requiring
7university boards of trustees to develop policies and
8procedures relating to program completion; providing
9credit hours to be included in enrollment calculations;
10providing that certain credit hours be omitted from
11enrollment calculations; authorizing state universities to
12establish an excess hour surcharge; requiring approval of
13policies by the Board of Governors prior to
14implementation; specifying that provisions become
15effective for students entering a community college or
16state university for the first time in the 2004-2005
17academic year and thereafter; requiring a study and a
18report by the Office of Program Policy Analysis and
19Government Accountability; amending s. 1007.27, F.S.;
20requiring community colleges and state universities to
21award credit for certain dual enrollment courses; deleting
22obsolete provisions; amending s. 1009.21, F.S.; requiring
23classification as a resident or nonresident for purposes
24of assessing tuition for certain programs and determining
25eligibility to participate in selected financial
26assistance programs; revising definitions; revising
27provisions relating to determination of resident status;
28classifying certain dependent children as residents for
29tuition purposes; updating obsolete terminology; amending
30s. 1009.23, F.S., relating to community college student
31fees; providing authorization for tuition and fees in
32selected baccalaureate degree programs; revising
33provisions relating to the financial aid fee; revising
34eligibility requirements for financial aid fee award
35recipients; revising provisions relating to the fee for
36capital improvements, technology enhancements, or
37equipping student buildings; deleting provisions relating
38to fines assessed by community colleges; amending s.
391009.24, F.S., relating to state university student fees;
40revising provisions relating to tuition and out-of-state
41fees; deleting the cap on annual increases of certain
42fees; revising eligibility requirements for financial aid
43fee award recipients; increasing the capital improvement
44and building fees and authorizing an additional
45discretionary amount; authorizing a technology fee not to
46exceed certain limits; providing requirements for
47establishment or modification of the technology fee;
48requiring a billing statement each semester; requiring
49each university board of trustees to propose a block
50tuition and fee policy and other incentive policies;
51requiring each university board of trustees to establish a
52fee policy for nondegree-seeking students; providing
53exemption for certain students; amending s. 1009.25, F.S.;
54revising provisions relating to fee exemptions for
55students in apprenticeship programs; amending s. 1009.40,
56F.S.; revising provisions relating to general eligibility
57requirements for state financial aid awards; creating s.
581011.901, F.S.; providing incentive funding for targeted
59degree programs at state universities; specifying the
60targeted discipline areas for the 2004-2005 fiscal year;
61providing for identification of certain academic
62disciplines and courses; establishing a process to
63identify targeted critical areas in future years;
64requiring an allocation methodology; requiring an annual
65report; amending s. 1011.94, F.S., relating to the Trust
66Fund for University Major Gifts; revising provisions
67relating to the use of proceeds; deleting provisions that
68authorize encumbrances; revising provisions that prescribe
69the manner in which donations must be matched; replacing
70references to the State Board of Education with references
71to the Board of Governors; deleting references to New
72College and the New College Foundation; specifying
73implementation contingent upon legislative appropriation
74and as provided by law; providing an effective date.
75
76Be It Enacted by the Legislature of the State of Florida:
77
78     Section 1.  Section 1004.09, Florida Statutes, is created
79to read:
80     1004.09  Reports of affordability and access.--
81     (1)  No later than February 1, 2005, and annually
82thereafter, each community college and each state university
83shall forward to its board of trustees a report for the fall,
84spring, and summer semesters of the preceding academic year that
85examines the affordability of and access to the institution. A
86copy of each community college report shall be forwarded to the
87State Board of Education, the Governor, the President of the
88Senate, and the Speaker of the House of Representatives. A copy
89of each university report shall be forwarded to the Board of
90Governors, the Governor, the President of the Senate, and the
91Speaker of the House of Representatives.
92     (2)  The report shall include:
93     (a)  A description of the criteria used by the institution
94to admit undergraduate students to the institution.
95     (b)  A description of the criteria used by the institution
96to award financial assistance to undergraduate students.
97     (c)  An analysis of the total number of credits awarded
98during the report year to students who enroll in the institution
99for the acceleration mechanisms identified in s. 1007.27, the
100average number of credits awarded to the students who received
101such credits, and the value in tuition and fees for such
102credits.
103     (d)  An analysis of the percentage of gross family income
104required for a student who is a resident of this state to pay
105tuition and required fees charged by the institution.
106     (e)  An analysis of the percentage of gross family income
107required for a student who is a resident of this state to fully
108pay the estimated cost of attendance at the institution.
109     Section 2.  Section 1004.215, Florida Statutes, is created
110to read:
111     1004.215  Timely completion of baccalaureate degree
112programs.--
113     (1)  Each university board of trustees shall develop
114policies and procedures to ensure that students enrolled in
115baccalaureate degree programs complete their programs in a
116timely manner in order to make the most efficient use of
117instructional resources and provide capacity within the
118institution for additional students.
119     (2)  Once a resident undergraduate student has taken 115
120percent of the credit hours required for the degree program in
121which the student is enrolled, any subsequent credit hours
122generated by that student as an undergraduate or unclassified
123student shall not be included in calculations of full-time
124equivalent enrollments for state funding purposes.
125     (3)  Except as otherwise provided by law, the following
126hours shall be included when calculating, for purposes of this
127section, the number of hours taken by a student:
128     (a)  All credit hours for courses taken at the state
129university from which the student is seeking a degree, including
130repeated courses and failed courses, except as provided in s.
1311009.285, and courses that are dropped after the university's
132university's advertised last day of drop and add.
133     (b)  All credit hours earned at another institution and
134accepted for transfer.
135     (4)  The following hours shall not be included when
136calculating, for purposes of this section, the number of hours
137taken by a student:
138     (a)  Credit hours earned through an acceleration mechanism
139identified in s. 1007.27.
140     (b)  Credit hours earned in a course that does not count
141toward any degree at the institution.
142     (c)  Credit hours earned in military science courses.
143     (d)  Credit hours required to achieve a dual major.
144     (e)  Credit hours required to achieve teacher certification
145that are not credited toward the student's first baccalaureate
146degree.
147     (f)  Credit hours taken by active duty military personnel.
148     (g)  Credit hours in courses from which a student must
149withdraw due to medical or personal hardship reasons.
150     (5)  Policies established pursuant to this section may
151include assessment by the institution of a surcharge in addition
152to regular tuition and fees for any credit hours taken by the
153student in excess of 115 percent of the credit hours required
154for the student's degree program. The surcharge plus tuition may
155not exceed 100 percent of the full cost of instruction.
156     (6)  Policies established pursuant to this section must be
157submitted to the Board of Governors for review and approval
158prior to implementation by a university.
159     (7)  The provisions of this section shall become effective
160for students who enter a community college or a state university
161for the first time in the 2004-2005 academic year and
162thereafter.
163     (8)  In order to determine whether excess hours is an issue
164that should also be addressed for associate and graduate-level
165programs, the Office of Program Policy Analysis and Government
166Accountability shall conduct a study to determine how the number
167of credit hours taken by students at community colleges and
168state universities compares to the number of hours required to
169complete degree requirements. The study shall also review degree
170requirements across institutions to identify the range of degree
171requirements for similar programs. A report of the results of
172the study shall be submitted to the Governor, the President of
173the Senate, and the Speaker of the House of Representatives by
174February 1, 2005.
175     Section 3.  Subsection (11) of section 1007.27, Florida
176Statutes, is amended to read:
177     1007.27  Articulated acceleration mechanisms.--
178     (11)  Each community college and state university must
179award credit for dual enrollment courses completed at an
180independent college or university eligible for inclusion in the
181dual enrollment or early admission program pursuant to s.
1821011.62(1)(i). (a)  The State Board of Education shall conduct a
183review of the extent to which the acceleration mechanisms
184authorized by this section are currently utilized by school
185districts and public postsecondary educational institutions and
186shall submit a report to the Governor and the Legislature by
187December 31, 2003.
188     (b)  The report must include a summary of ongoing
189activities and a plan to increase and enhance the use of
190acceleration mechanisms as a way to shorten the length of time
191as well as the funding required for a student, including a
192student with a documented disability, to obtain a postsecondary
193degree.
194     (c)  The review and plan shall address, but are not limited
195to, the following issues:
196     1.  The manner in which students, including students with
197documented disabilities, are advised regarding the availability
198of acceleration mechanism options.
199     2.  The availability of acceleration mechanism options to
200eligible students, including students with documented
201disabilities, who wish to participate.
202     3.  The grading practices, including weighting of courses,
203of school districts and public postsecondary educational
204institutions with regard to credit earned through acceleration
205mechanisms.
206     4.  The extent to which credit earned through an
207acceleration mechanism is used to meet the general education
208requirements of a public postsecondary educational institution.
209     5.  The extent to which the secondary instruction
210associated with acceleration mechanism options could be offered
211at sites other than public K through 12 school sites to assist
212in meeting class size reduction needs.
213     6.  The manner in which funding for instruction associated
214with acceleration mechanism options is provided.
215     7.  The feasibility of providing students, including
216students with documented disabilities, the option of choosing
217Advanced Placement credit or College Level Examination Program
218(CLEP) credit as an alternative to dual enrollment credit upon
219completion of a dual enrollment course.
220     Section 4.  Section 1009.21, Florida Statutes, is amended
221to read:
222     1009.21  Determination of resident status for tuition and
223financial assistance eligibility purposes.--Students shall be
224classified as residents or nonresidents for the purpose of
225assessing tuition in community colleges and state universities,
226for the purpose of assessing tuition for instruction in
227postsecondary career and technical programs offered by school
228districts, and for the purpose of determining student
229eligibility to participate in financial assistance programs
230established pursuant to s. 1009.50, s. 1009.51, s. 1009.52, s.
2311009.53, s. 1009.54, s. 1009.56, s. 1009.57, s. 1009.60, s.
2321009.62, s. 1009.63, s. 1009.68, s. 1009.72, s. 1009.73, s.
2331009.76, s. 1009.77, or s. 1009.89.
234     (1)  As used in this section, the term:
235     (a)  The term "Dependent child" means any person, whether
236or not living with his or her parent, who is eligible to be
237claimed by his or her parent as a dependent under the federal
238income tax code.
239     (b)  "Initial enrollment" means the first day of class.
240     (c)(b)  The term "Institution of higher education" means
241any public community college or state university.
242     (d)(c)  A "Legal resident" or "resident" means is a person
243who has maintained his or her residence in this state for the
244preceding year, has purchased a home which is occupied by him or
245her as his or her residence, or has established a domicile in
246this state pursuant to s. 222.17.
247     (e)  "Nonresident for tuition purposes" means a person who
248does not qualify for the in-state tuition rate.
249     (f)(d)  The term "Parent" means the natural or adoptive
250parent or legal guardian of a dependent child.
251     (g)(e)  A "Resident for tuition purposes" means is a person
252who qualifies as provided in subsection (2) for the in-state
253tuition rate; a "nonresident for tuition purposes" is a person
254who does not qualify for the in-state tuition rate.
255     (2)(a)  To qualify as a resident for tuition purposes:
256     1.  A person or, if that person is a dependent child, his
257or her parent or parents must have established legal residence
258in this state and must have maintained legal residence in this
259state for at least 12 months immediately prior to his or her
260initial enrollment in a postsecondary education program in this
261state qualification.
262     2.  Every applicant for admission to an institution of
263higher education shall be required to make a statement as to his
264or her length of residence in the state and, further, shall
265establish that his or her presence or, if the applicant is a
266dependent child, the presence of his or her parent or parents in
267the state currently is, and during the requisite 12-month
268qualifying period was, for the purpose of maintaining a bona
269fide domicile, rather than for the purpose of maintaining a mere
270temporary residence or abode incident to enrollment in an
271institution of higher education.
272     (b)  However, with respect to a dependent child living with
273an adult relative other than the child's parent, such child may
274qualify as a resident for tuition purposes if the adult relative
275is a legal resident who has maintained legal residence in this
276state for at least 12 months immediately prior to the child's
277initial enrollment in a postsecondary education program in this
278state qualification, provided the child has resided continuously
279with such relative for the 5 years immediately prior to the
280child's initial enrollment qualification, during which time the
281adult relative has exercised day-to-day care, supervision, and
282control of the child.
283     (c)  The legal residence of a dependent child whose parents
284are divorced, separated, or otherwise living apart will be
285deemed to be this state if either parent is a legal resident of
286this state, regardless of which parent is entitled to claim, and
287does in fact claim, the minor as a dependent pursuant to federal
288individual income tax provisions.
289     (d)  A person who is classified as a nonresident for
290tuition purposes may become eligible for reclassification as a
291resident for tuition purposes if that person or, if that person
292is a dependent child, his or her parent presents documentation
293that supports permanent residency in this state rather than
294temporary residency for the purpose of pursuing an education,
295such as documentation of full-time permanent employment for the
296previous 12 months or the purchase of a home in this state and
297residence therein for the prior 12 months.
298     (3)  An individual shall not be classified as a resident
299for tuition purposes and, thus, shall not be eligible to receive
300the in-state tuition rate until he or she has provided such
301evidence related to legal residence and its duration as may be
302required by officials of the institution of higher education
303from which he or she seeks the in-state tuition rate.
304     (4)  With respect to a dependent child, the legal residence
305of such individual's parent or parents is prima facie evidence
306of the individual's legal residence, which evidence may be
307reinforced or rebutted, relative to the age and general
308circumstances of the individual, by the other evidence of legal
309residence required of or presented by the individual. However,
310the legal residence of an individual whose parent or parents are
311domiciled outside this state is not prima facie evidence of the
312individual's legal residence if that individual has lived in
313this state for 5 consecutive years prior to enrolling or
314reregistering at the institution of higher education at which
315resident status for tuition purposes is sought.
316     (5)  In making a domiciliary determination related to the
317classification of a person as a resident or nonresident for
318tuition purposes, the domicile of a married person, irrespective
319of sex, shall be determined, as in the case of an unmarried
320person, by reference to all relevant evidence of domiciliary
321intent. For the purposes of this section:
322     (a)  A person shall not be precluded from establishing or
323maintaining legal residence in this state and subsequently
324qualifying or continuing to qualify as a resident for tuition
325purposes solely by reason of marriage to a person domiciled
326outside this state, even when that person's spouse continues to
327be domiciled outside of this state, provided such person
328maintains his or her legal residence in this state.
329     (b)  A person shall not be deemed to have established or
330maintained a legal residence in this state and subsequently to
331have qualified or continued to qualify as a resident for tuition
332purposes solely by reason of marriage to a person domiciled in
333this state.
334     (c)  In determining the domicile of a married person,
335irrespective of sex, the fact of the marriage and the place of
336domicile of such person's spouse shall be deemed relevant
337evidence to be considered in ascertaining domiciliary intent.
338     (6)  Any nonresident person, irrespective of sex, who
339marries a legal resident of this state or marries a person who
340later becomes a legal resident may, upon becoming a legal
341resident of this state, accede to the benefit of the spouse's
342immediately precedent duration as a legal resident for purposes
343of satisfying the 12-month durational requirement of this
344section.
345     (7)  A person shall not lose his or her resident status for
346tuition purposes solely by reason of serving, or, if such person
347is a dependent child, by reason of his or her parent's or
348parents' serving, in the Armed Forces outside this state.
349     (8)  A person who has been properly classified as a
350resident for tuition purposes but who, while enrolled in an
351institution of higher education in this state, loses his or her
352resident tuition status because the person or, if he or she is a
353dependent child, the person's parent or parents establish
354domicile or legal residence elsewhere shall continue to enjoy
355the in-state tuition rate for a statutory grace period, which
356period shall be measured from the date on which the
357circumstances arose that culminated in the loss of resident
358tuition status and shall continue for 12 months. However, if the
35912-month grace period ends during a semester or academic term
360for which such former resident is enrolled, such grace period
361shall be extended to the end of that semester or academic term.
362     (9)  Any person who ceases to be enrolled at or who
363graduates from an institution of higher education while
364classified as a resident for tuition purposes and who
365subsequently abandons his or her domicile in this state shall be
366permitted to reenroll at an institution of higher education in
367this state as a resident for tuition purposes without the
368necessity of meeting the 12-month durational requirement of this
369section if that person has reestablished his or her domicile in
370this state within 12 months of such abandonment and continuously
371maintains the reestablished domicile during the period of
372enrollment. The benefit of this subsection shall not be accorded
373more than once to any one person.
374     (10)  The following persons shall be classified as
375residents for tuition purposes:
376     (a)  Active duty members of the Armed Services of the
377United States residing or stationed in this state, their
378spouses, and dependent children, and active members of the
379Florida National Guard who qualify under s. 250.10(7) and (8)
380for the tuition assistance program.
381     (b)  Active duty members of the Armed Services of the
382United States, and their spouses, and their dependent children
383attending a public community college or state university within
38450 miles of the military establishment where they are stationed,
385if such military establishment is within a county contiguous to
386Florida.
387     (c)  United States citizens living on the Isthmus of
388Panama, who have completed 12 consecutive months of college work
389at the Florida State University Panama Canal Branch, and their
390spouses and dependent children.
391     (d)  Full-time instructional and administrative personnel
392employed by state public schools, community colleges, and
393institutions of higher education, as defined in s. 1000.04, and
394their spouses and dependent children.
395     (e)  Students from Latin America and the Caribbean who
396receive scholarships from the federal or state government. Any
397student classified pursuant to this paragraph shall attend, on a
398full-time basis, a Florida institution of higher education.
399     (f)  Southern Regional Education Board's Academic Common
400Market graduate students attending Florida's state universities.
401     (g)  Full-time employees of state agencies or political
402subdivisions of the state when the student fees are paid by the
403state agency or political subdivision for the purpose of job-
404related law enforcement or corrections training.
405     (h)  McKnight Doctoral Fellows and Finalists who are United
406States citizens.
407     (i)  United States citizens living outside the United
408States who are teaching at a Department of Defense Dependent
409School or in an American International School and who enroll in
410a graduate level education program which leads to a Florida
411teaching certificate.
412     (j)  Active duty members of the Canadian military residing
413or stationed in this state under the North American Aerospace
414Defense Command Air Defense (NORAD) agreement, and their spouses
415and dependent children, attending a community college or state
416university within 50 miles of the military establishment where
417they are stationed.
418     (11)  The State Board of Education shall by rule designate
419classifications of students as residents or nonresidents for
420tuition purposes at community colleges and state universities.
421     Section 5.  Subsections (1), (3), (8), (11), and (12) of
422section 1009.23, Florida Statutes, are amended to read:
423     1009.23  Community college student fees.--
424     (1)  Unless otherwise provided, the provisions of this
425section apply only to fees charged for college credit
426instruction leading to an associate in arts degree, an associate
427in applied science degree, or an associate in science degree, or
428a baccalaureate degree authorized by the State Board of
429Education pursuant to s. 1007.33 and noncollege credit college-
430preparatory courses defined in s. 1004.02.
431     (3)  The State Board of Education shall adopt by December
43231 of each year a resident fee schedule for the following fall
433for advanced and professional, associate in science degree, and
434college-preparatory programs and baccalaureate degree programs
435authorized by the State Board of Education pursuant to s.
4361007.33 that produce revenues in the amount of 25 percent of the
437full prior year's cost of these programs. Fees for courses in
438college-preparatory programs and associate in arts and associate
439in science degree programs may be established at the same level.
440In the absence of a provision to the contrary in an
441appropriations act, the fee schedule shall take effect and the
442colleges shall expend the funds on instruction. If the
443Legislature provides for an alternative fee schedule in an
444appropriations act, the fee schedule shall take effect the
445subsequent fall semester.
446     (8)(a)  Each community college board of trustees is
447authorized to establish a separate fee for financial aid
448purposes in an additional amount up to, but not to exceed, 5
449percent of the total student tuition and or out-of-state fees
450collected. Each community college board of trustees may collect
451up to an additional 2 percent if the amount generated by the
452total financial aid fee is less than $250,000. If the amount
453generated is less than $250,000, a community college that
454charges tuition and out-of-state fees at least equal to the
455average fees established by rule may transfer from the general
456current fund to the scholarship fund an amount equal to the
457difference between $250,000 and the amount generated by the
458total financial aid fee assessment. No other transfer from the
459general current fund to the loan, endowment, or scholarship
460fund, by whatever name known, is authorized.
461     (b)  All funds collected under this program shall be placed
462in the loan and endowment fund or scholarship fund of the
463college, by whatever name known. Such funds shall be disbursed
464to students as quickly as possible. An amount not greater than
46540 percent of the fees collected in a fiscal year may be carried
466forward unexpended to the following fiscal year. However, funds
467collected prior to July 1, 1989, and placed in an endowment fund
468may not be considered part of the balance of funds carried
469forward unexpended to the following fiscal year.
470     (c)  Up to 25 percent or $300,000, whichever is greater, of
471the financial aid fees collected may be used to assist students
472who demonstrate academic merit; who participate in athletics,
473public service, cultural arts, and other extracurricular
474programs as determined by the institution; or who are identified
475as members of a targeted gender or ethnic minority population.
476The financial aid fee revenues allocated for athletic
477scholarships and fee exemptions provided pursuant to s.
4781009.25(3) for athletes shall be distributed equitably as
479required by s. 1000.05(3)(d). A minimum of 75 percent of the
480balance of these funds for new awards shall be used to provide
481financial aid based on absolute need, and the remainder of the
482funds shall be used for academic merit purposes and other
483purposes approved by the boards of trustees. Such other purposes
484shall include the payment of child care fees for students with
485financial need. The State Board of Education shall develop
486criteria for making financial aid awards. Each college shall
487report annually to the Department of Education on the revenue
488collected pursuant to this paragraph, the amount carried
489forward, the criteria used to make awards, the amount and number
490of awards for each criterion, and a delineation of the
491distribution of such awards. The report shall include an
492assessment by category of the financial need of every student
493who receives an award, regardless of the purpose for which the
494award is received. Awards which are based on financial need
495shall be distributed in accordance with a nationally recognized
496system of need analysis approved by the State Board of
497Education. An award for academic merit shall require a minimum
498overall grade point average of 3.0 on a 4.0 scale or the
499equivalent for both initial receipt of the award and renewal of
500the award.
501     (d)  These funds may not be used for direct or indirect
502administrative purposes or salaries.
503     (e)  Beginning with awards for the 2005-2006 academic year,
504a student must have submitted a completed Free Application for
505Federal Student Aid to the United States Department of Education
506to be eligible to receive an award pursuant to the provisions of
507this subsection.
508     (11)  Each community college board of trustees may
509establish a separate fee for capital improvements, technology
510enhancements, or equipping student buildings which may not
511exceed 10 percent of tuition for resident students or 10 percent
512of the sum of tuition and out-of-state fees for nonresident
513students. The fee for resident students shall be limited to an
514increase of $2 per credit hour over the prior year $1 per credit
515hour or credit-hour equivalent for residents and which equals or
516exceeds $3 per credit hour for nonresidents. Funds collected by
517community colleges through these fees may be bonded only for the
518purpose of financing or refinancing new construction and
519equipment, renovation, or remodeling of educational facilities.
520The fee shall be collected as a component part of the tuition
521and fees, paid into a separate account, and expended only to
522construct and equip, maintain, improve, or enhance the
523educational facilities of the community college. Projects funded
524through the use of the capital improvement fee shall meet the
525survey and construction requirements of chapter 1013. Pursuant
526to s. 216.0158, each community college shall identify each
527project, including maintenance projects, proposed to be funded
528in whole or in part by such fee. Capital improvement fee
529revenues may be pledged by a board of trustees as a dedicated
530revenue source to the repayment of debt, including lease-
531purchase agreements and revenue bonds, with a term not to exceed
53220 years, and not to exceed the useful life of the asset being
533financed, only for the new construction and equipment,
534renovation, or remodeling of educational facilities. Community
535colleges may use the services of the Division of Bond Finance of
536the State Board of Administration to issue any bonds authorized
537through the provisions of this subsection. Any such bonds issued
538by the Division of Bond Finance shall be in compliance with the
539provisions of the State Bond Act. Bonds issued pursuant to the
540State Bond Act shall be validated in the manner provided by
541chapter 75. The complaint for such validation shall be filed in
542the circuit court of the county where the seat of state
543government is situated, the notice required to be published by
544s. 75.06 shall be published only in the county where the
545complaint is filed, and the complaint and order of the circuit
546court shall be served only on the state attorney of the circuit
547in which the action is pending. A maximum of 15 percent cents
548per credit hour may be allocated from the capital improvement
549fee for child care centers conducted by the community college.
550     (12)  In addition to tuition, out-of-state, financial aid,
551capital improvement, student activity and service, and
552technology fees authorized in this section, each community
553college board of trustees is authorized to establish fee
554schedules for the following user fees and fines: laboratory
555fees; parking fees and fines; library fees and fines; fees and
556fines relating to facilities and equipment use or damage; access
557or identification card fees; duplicating, photocopying, binding,
558or microfilming fees; standardized testing fees; diploma
559replacement fees; transcript fees; application fees; graduation
560fees; and late fees related to registration and payment. Such
561user fees and fines shall not exceed the cost of the services
562provided and shall only be charged to persons receiving the
563service. A community college may not charge any fee except as
564authorized by law or rules of the State Board of Education.
565Parking fee revenues may be pledged by a community college board
566of trustees as a dedicated revenue source for the repayment of
567debt, including lease-purchase agreements and revenue bonds with
568terms not exceeding 20 years and not exceeding the useful life
569of the asset being financed. Community colleges shall use the
570services of the Division of Bond Finance of the State Board of
571Administration to issue any revenue bonds authorized by the
572provisions of this subsection. Any such bonds issued by the
573Division of Bond Finance shall be in compliance with the
574provisions of the State Bond Act. Bonds issued pursuant to the
575State Bond Act shall be validated in the manner established in
576chapter 75. The complaint for such validation shall be filed in
577the circuit court of the county where the seat of state
578government is situated, the notice required to be published by
579s. 75.06 shall be published only in the county where the
580complaint is filed, and the complaint and order of the circuit
581court shall be served only on the state attorney of the circuit
582in which the action is pending.
583     Section 6.  Subsections (3), (6), and (7) of section
5841009.24, Florida Statutes, are amended, and subsections (15)
585through (18) are added to said section, to read:
586     1009.24  State university student fees.--
587     (3)  Within proviso in the General Appropriations Act and
588law, each board of trustees shall set university tuition and
589fees.
590     (a)  Except as otherwise provided by law, the sum of
591nonresident student tuition and out-of-state fees must be
592sufficient to defray the full cost of each program.
593     (b)  The sum of the activity and service, health, and
594athletic fees a student is required to pay to register for a
595course shall not exceed 40 percent of the tuition established in
596law or in the General Appropriations Act. No university shall be
597required to lower any fee in effect on the effective date of
598this act in order to comply with this subsection. Within the 40
599percent cap, universities may not increase the aggregate sum of
600activity and service, health, and athletic fees more than 5
601percent per year unless specifically authorized in law or in the
602General Appropriations Act. This subsection does not prohibit a
603university from increasing or assessing optional fees related to
604specific activities if payment of such fees is not required as a
605part of registration for courses.
606     (6)  A university board of trustees is authorized to
607collect for financial aid purposes an amount not to exceed 5
608percent of the tuition and out-of-state fee. The revenues from
609fees are to remain at each campus and replace existing financial
610aid fees. Such funds shall be disbursed to students as quickly
611as possible. A minimum of 75 percent of funds from the student
612financial aid fee for new financial aid awards shall be used to
613provide financial aid based on absolute need. A student who has
614received an award prior to July 1, 1984, shall have his or her
615eligibility assessed on the same criteria that were used at the
616time of his or her original award. The State Board of Education
617shall develop criteria for making financial aid awards. Each
618university shall report annually to the Department of Education
619on the revenue collected pursuant to this subsection, the amount
620carried forward, the criteria used to make awards, the amount
621and number of awards for each criterion, and a delineation of
622the distribution of such awards. The report shall include an
623assessment by category of the financial need of every student
624who receives an award, regardless of the purpose for which the
625award is received. Awards which are based on financial need
626shall be distributed in accordance with a nationally recognized
627system of need analysis approved by the State Board of
628Education. An award for academic merit shall require a minimum
629overall grade point average of 3.0 on a 4.0 scale or the
630equivalent for both initial receipt of the award and renewal of
631the award. Beginning with awards for the 2005-2006 academic
632year, a student must have submitted a completed Free Application
633for Federal Student Aid to the United State Department of
634Education to be eligible to receive an award pursuant to the
635provisions of this subsection.
636     (7)  The Capital Improvement Trust Fund fee is established
637as $2.94 $2.44 per credit hour per semester. The building fee is
638established as $2.82 $2.32 per credit hour per semester. Each
639university board of trustees is further authorized to increase
640each of the Capital Improvement Trust Fund and building fees by
641no more than $0.50 above the amount established in this section.
642     (15)  Each university board of trustees is authorized to
643establish a technology fee to be expended to enhance, expand,
644and improve technology access and support according to
645technology improvement plans approved by the university's board
646of trustees with prior consultation with the university's


CODING: Words stricken are deletions; words underlined are additions.