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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    3:38 PM   04/20/04                              s2388c2c-28t28

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 2 3:38 PM 04/20/04 s2388c2c-28t28
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 3 3:38 PM 04/20/04 s2388c2c-28t28
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. 28 29 30 ================ T I T L E A M E N D M E N T =============== 31 And the title is amended as follows: 4 3:38 PM 04/20/04 s2388c2c-28t28
SENATE AMENDMENT Bill No. CS for CS for SB 2388 Amendment No. ___ Barcode 585396 1 On page 2, line 2, after the first semicolon, 2 3 insert: 4 revising provisions relating to financial 5 matters for community colleges; 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 3:38 PM 04/20/04 s2388c2c-28t28