SENATE AMENDMENT
    Bill No. CS for CS for SB 2388
    Amendment No. ___   Barcode 585396
                            CHAMBER ACTION
              Senate                               House
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       04/20/2004 06:30 PM         .                    
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11  Senator Pruitt moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 9, line 5, through
15            page 10, line 13, delete those lines
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17  and insert:  
18         Section 5.  Subsections (1), (2), (3), and (11) of
19  section 1009.23, Florida Statutes, are amended to read:
20         1009.23  Community college student fees.--
21         (1)  Unless otherwise provided, the provisions of this
22  section apply only to fees charged for college credit
23  instruction leading to an associate in arts degree, an
24  associate in applied science degree, or an associate in
25  science degree, or a baccalaureate degree authorized by the
26  State Board of Education pursuant to s. 1007.33, and for
27  noncollege credit college-preparatory courses defined in s.
28  1004.02.
29         (2)(a)  All students shall be charged fees except
30  students who are exempt from fees or students whose fees are
31  waived.
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 2388
    Amendment No. ___   Barcode 585396
 1         (b)  Tuition and out-of-state fees for upper-division
 2  courses must reflect the fact that the college has a less
 3  expensive cost structure than that of a state university.
 4  Therefore, the board of trustees shall establish tuition and
 5  out-of-state fees for upper-division courses within a range
 6  between fees for lower-division credit courses and the local
 7  state university tuition and out-of-state fees. A community
 8  college board of trustees may not establish any fee for an
 9  upper-division course or student unless specifically
10  authorized by this section or the rules of the State Board of
11  Education.
12         (3)  The State Board of Education shall adopt by
13  December 31 of each year a resident fee schedule for the
14  following fall for advanced and professional, associate in
15  science degree, baccalaureate degree programs authorized by
16  the State Board of Education pursuant to s. 1007.33, and
17  college-preparatory programs that produce revenues in the
18  amount of 25 percent of the full prior year's cost of these
19  programs. Fees for courses in college-preparatory programs and
20  associate in arts and associate in science degree programs may
21  be established at the same level. In the absence of a
22  provision to the contrary in an appropriations act, the fee
23  schedule shall take effect and the colleges shall expend the
24  funds on instruction.  If the Legislature provides for an
25  alternative fee schedule in an appropriations act, the fee
26  schedule shall take effect the subsequent fall semester.
27         (11)(a)  Each community college board of trustees may
28  establish a separate fee for capital improvements, technology
29  enhancements, or equipping student buildings which may not
30  exceed 10 percent of tuition for resident students or 10
31  percent of the sum of tuition and out-of-state fees for
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 2388
    Amendment No. ___   Barcode 585396
 1  nonresident students. The fee for resident students shall be
 2  limited to an increase of $2 per credit hour over the prior
 3  year. $1 per credit hour or credit-hour equivalent for
 4  residents and which equals or exceeds $3 per credit hour for
 5  nonresidents. Funds collected by community colleges through
 6  these fees may be bonded only as provided in this subsection,
 7  for the purpose of financing or refinancing new construction
 8  and equipment, renovation, or remodeling of educational
 9  facilities. The fee shall be collected as a component part of
10  the tuition and fees, paid into a separate account, and
11  expended only to construct and equip, maintain, improve, or
12  enhance the educational facilities of the community college.
13  Projects funded through the use of the capital improvement fee
14  shall meet the survey and construction requirements of chapter
15  1013. Pursuant to s. 216.0158, each community college shall
16  identify each project, including maintenance projects,
17  proposed to be funded in whole or in part by such fee.
18         (b)  Capital improvement fee revenues may be pledged by
19  a board of trustees as a dedicated revenue source to the
20  repayment of debt, including lease-purchase agreements with an
21  overall term, including renewals, extensions, and refundings,
22  of not more than 7 years and revenue bonds, with a term not to
23  exceed 20 annual maturities years, and not to exceed the
24  useful life of the asset being financed, only for the
25  financing or refinancing or new construction and equipment,
26  renovation, or remodeling of educational facilities. Community
27  colleges may use the services of the Division of Bond Finance
28  of the State Board of Administration to issue any Bonds
29  authorized through the provisions of this subsection shall be.
30  Any such bonds issued by the Division of Bond Finance upon the
31  request of the community college board of trustees shall be in
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 2388
    Amendment No. ___   Barcode 585396
 1  compliance with the provisions of s. 11(d), Art. VII of the
 2  State Constitution and the State Bond Act. The Division of
 3  State Bond Finance may pledge fees collected by one or more
 4  community colleges to secure such bonds. Any project included
 5  in the approved educational plant survey pursuant to chapter
 6  1013 is approved pursuant to s. 11(d), Art. VII of the State
 7  Constitution.
 8         (c)  The state does hereby covenant with the holders of
 9  the bonds issued under this subsection that it will not take
10  any action that will materially and adversely affect the
11  rights of such holders so long as the bonds authorized by this
12  subsection are outstanding.
13         (d)  Any validation of the bonds Bonds issued pursuant
14  to the State Bond Act shall be validated in the manner
15  provided by chapter 75. Only the initial series of bonds is
16  required to be validated. The complaint for such validation
17  shall be filed in the circuit court of the county where the
18  seat of state government is situated, the notice required to
19  be published by s. 75.06 shall be published only in the county
20  where the complaint is filed, and the complaint and order of
21  the circuit court shall be served only on the state attorney
22  of the circuit in which the action is pending.
23         (e)  A maximum of 15 percent cents per credit hour may
24  be allocated from the capital improvement fee for child care
25  centers conducted by the community college. The use of capital
26  improvement fees for such purpose shall be subordinate to the
27  payment of any bonds secured by the fees.
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30  ================ T I T L E   A M E N D M E N T ===============
31  And the title is amended as follows:
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 2388
    Amendment No. ___   Barcode 585396
 1         On page 2, line 2, after the first semicolon,
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 3  insert:
 4         revising provisions relating to financial
 5         matters for community colleges;
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