Senate Bill sb1710

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    Florida Senate - 2007                                  SB 1710

    By Senator Oelrich





    14-1403-07

  1                      A bill to be entitled

  2         An act relating to academic fees; amending s.

  3         1009.24, F.S.; authorizing the Board of

  4         Governors to delegate authority to establish

  5         certain fees for academic enhancement to the

  6         board of trustees of a university; providing an

  7         effective date.

  8  

  9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Section 1009.24, Florida Statutes, is

12  amended to read:

13         1009.24  State university student fees.--

14         (1)  This section applies to students enrolled in

15  college credit programs at state universities.

16         (2)  All students shall be charged fees except students

17  who are exempt from fees or students whose fees are waived.

18         (3)  Except as otherwise provided by law, undergraduate

19  tuition shall be established annually in the General

20  Appropriations Act. The Board of Governors, or the board's

21  designee, may establish tuition for graduate and professional

22  programs, and out-of-state fees for all programs. The sum of

23  tuition and out-of-state fees assessed to nonresident students

24  must be sufficient to offset the full instructional cost of

25  serving such students. However, adjustments to out-of-state

26  fees or tuition for graduate and professional programs

27  pursuant to this section may not exceed 10 percent in any

28  year. The sum of the activity and service, health, and

29  athletic fees a student is required to pay to register for a

30  course shall not exceed 40 percent of the tuition established

31  in law or in the General Appropriations Act. No university

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    Florida Senate - 2007                                  SB 1710
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 1  shall be required to lower any fee in effect on the effective

 2  date of this act in order to comply with this subsection.

 3  Within the 40 percent cap, universities may not increase the

 4  aggregate sum of activity and service, health, and athletic

 5  fees more than 5 percent per year unless specifically

 6  authorized in law or in the General Appropriations Act. A

 7  university may increase its athletic fee to defray the costs

 8  associated with changing National Collegiate Athletic

 9  Association divisions. Any such increase in the athletic fee

10  may exceed both the 40 percent cap and the 5 percent cap

11  imposed by this subsection. Any such increase must be approved

12  by the athletic fee committee in the process outlined in

13  subsection (11) and cannot exceed $2 per credit hour.

14  Notwithstanding the provisions of ss. 1009.534, 1009.535, and

15  1009.536, that portion of any increase in an athletic fee

16  pursuant to this subsection that causes the sum of the

17  activity and service, health, and athletic fees to exceed the

18  40 percent cap or the annual increase in such fees to exceed

19  the 5 percent cap shall not be included in calculating the

20  amount a student receives for a Florida Academic Scholars

21  award, a Florida Medallion Scholars award, or a Florida Gold

22  Seal Vocational Scholars award. This subsection does not

23  prohibit a university from increasing or assessing optional

24  fees related to specific activities if payment of such fees is

25  not required as a part of registration for courses.

26         (4)  A university that has a service area that borders

27  another state may implement a plan for a differential

28  out-of-state fee.

29         (5)  Students who are enrolled in Programs in Medical

30  Sciences are considered graduate students for the purpose of

31  enrollment and student fees.

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    Florida Senate - 2007                                  SB 1710
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 1         (6)  A university board of trustees is authorized to

 2  collect for financial aid purposes an amount not to exceed 5

 3  percent of the tuition and out-of-state fee. The revenues from

 4  fees are to remain at each campus and replace existing

 5  financial aid fees. Such funds shall be disbursed to students

 6  as quickly as possible. A minimum of 75 percent of funds from

 7  the student financial aid fee for new financial aid awards

 8  shall be used to provide financial aid based on absolute need.

 9  A student who has received an award prior to July 1, 1984,

10  shall have his or her eligibility assessed on the same

11  criteria that were used at the time of his or her original

12  award. The State Board of Education shall develop criteria for

13  making financial aid awards. Each university shall report

14  annually to the Department of Education on the revenue

15  collected pursuant to this subsection, the amount carried

16  forward, the criteria used to make awards, the amount and

17  number of awards for each criterion, and a delineation of the

18  distribution of such awards.  The report shall include an

19  assessment by category of the financial need of every student

20  who receives an award, regardless of the purpose for which the

21  award is received. Awards which are based on financial need

22  shall be distributed in accordance with a nationally

23  recognized system of need analysis approved by the State Board

24  of Education. An award for academic merit shall require a

25  minimum overall grade point average of 3.0 on a 4.0 scale or

26  the equivalent for both initial receipt of the award and

27  renewal of the award.

28         (7)  The Capital Improvement Trust Fund fee is

29  established as $2.44 per credit hour per semester. The

30  building fee is established as $2.32 per credit hour per

31  semester.

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    Florida Senate - 2007                                  SB 1710
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 1         (8)  Each university board of trustees is authorized to

 2  establish separate activity and service, health, and athletic

 3  fees. When duly established, the fees shall be collected as

 4  component parts of tuition and fees and shall be retained by

 5  the university and paid into the separate activity and

 6  service, health, and athletic funds.

 7         (9)(a)  Each university board of trustees shall

 8  establish a student activity and service fee on the main

 9  campus of the university. The university board may also

10  establish a student activity and service fee on any branch

11  campus or center. Any subsequent increase in the activity and

12  service fee must be recommended by an activity and service fee

13  committee, at least one-half of whom are students appointed by

14  the student body president. The remainder of the committee

15  shall be appointed by the university president. A chairperson,

16  appointed jointly by the university president and the student

17  body president, shall vote only in the case of a tie. The

18  recommendations of the committee shall take effect only after

19  approval by the university president, after consultation with

20  the student body president, with final approval by the

21  university board of trustees. An increase in the activity and

22  service fee may occur only once each fiscal year and must be

23  implemented beginning with the fall term. The State Board of

24  Education is responsible for promulgating the rules and

25  timetables necessary to implement this fee.

26         (b)  The student activity and service fees shall be

27  expended for lawful purposes to benefit the student body in

28  general. This shall include, but shall not be limited to,

29  student publications and grants to duly recognized student

30  organizations, the membership of which is open to all students

31  at the university without regard to race, sex, or religion.

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    Florida Senate - 2007                                  SB 1710
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 1  The fund may not benefit activities for which an admission fee

 2  is charged to students, except for

 3  student-government-association-sponsored concerts. The

 4  allocation and expenditure of the fund shall be determined by

 5  the student government association of the university, except

 6  that the president of the university may veto any line item or

 7  portion thereof within the budget when submitted by the

 8  student government association legislative body. The

 9  university president shall have 15 school days from the date

10  of presentation of the budget to act on the allocation and

11  expenditure recommendations, which shall be deemed approved if

12  no action is taken within the 15 school days. If any line item

13  or portion thereof within the budget is vetoed, the student

14  government association legislative body shall within 15 school

15  days make new budget recommendations for expenditure of the

16  vetoed portion of the fund. If the university president vetoes

17  any line item or portion thereof within the new budget

18  revisions, the university president may reallocate by line

19  item that vetoed portion to bond obligations guaranteed by

20  activity and service fees. Unexpended funds and undisbursed

21  funds remaining at the end of a fiscal year shall be carried

22  over and remain in the student activity and service fund and

23  be available for allocation and expenditure during the next

24  fiscal year.

25         (10)  Each university board of trustees shall establish

26  a student health fee on the main campus of the university. The

27  university board of trustees may also establish a student

28  health fee on any branch campus or center. Any subsequent

29  increase in the health fee must be recommended by a health

30  committee, at least one-half of whom are students appointed by

31  the student body president. The remainder of the committee

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    Florida Senate - 2007                                  SB 1710
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 1  shall be appointed by the university president. A chairperson,

 2  appointed jointly by the university president and the student

 3  body president, shall vote only in the case of a tie. The

 4  recommendations of the committee shall take effect only after

 5  approval by the university president, after consultation with

 6  the student body president, with final approval by the

 7  university board of trustees. An increase in the health fee

 8  may occur only once each fiscal year and must be implemented

 9  beginning with the fall term. The State Board of Education is

10  responsible for promulgating the rules and timetables

11  necessary to implement this fee.

12         (11)  Each university board of trustees shall establish

13  a separate athletic fee on the main campus of the university.

14  The university board may also establish a separate athletic

15  fee on any branch campus or center. Any subsequent increase in

16  the athletic fee must be recommended by an athletic fee

17  committee, at least one-half of whom are students appointed by

18  the student body president. The remainder of the committee

19  shall be appointed by the university president. A chairperson,

20  appointed jointly by the university president and the student

21  body president, shall vote only in the case of a tie. The

22  recommendations of the committee shall take effect only after

23  approval by the university president, after consultation with

24  the student body president, with final approval by the

25  university board of trustees. An increase in the athletic fee

26  may occur only once each fiscal year and must be implemented

27  beginning with the fall term. The State Board of Education is

28  responsible for promulgating the rules and timetables

29  necessary to implement this fee.

30         (12)  The Board of Governors may delegate to a

31  university board of trustees the authority to establish an

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    Florida Senate - 2007                                  SB 1710
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 1  academic enhancement fee as required to support an academic

 2  enhancement program as approved by the Board of Governors.

 3  This fee is not subject to the provisions of s. 1009.53, s.

 4  1009.534, s. 1009.535, or s. 1009.536.

 5         (13)(12)  Each university board of trustees is

 6  authorized to establish the following fees:

 7         (a)  A nonrefundable application fee in an amount not

 8  to exceed $30.

 9         (b)  An orientation fee in an amount not to exceed $35.

10         (c)  A fee for security, access, or identification

11  cards. The annual fee for such a card may not exceed $10 per

12  card. The maximum amount charged for a replacement card may

13  not exceed $15.

14         (d)  Registration fees for audit and zero-hours

15  registration; a service charge, which may not exceed $15, for

16  the payment of tuition in installments; and a

17  late-registration fee in an amount not less than $50 nor more

18  than $100 to be imposed on students who fail to initiate

19  registration during the regular registration period.

20         (e)  A late-payment fee in an amount not less than $50

21  nor more than $100 to be imposed on students who fail to pay

22  or fail to make appropriate arrangements to pay (by means of

23  installment payment, deferment, or third-party billing)

24  tuition by the deadline set by each university. Each

25  university may adopt specific procedures or policies for

26  waiving the late-payment fee for minor underpayments.

27         (f)  A fee for miscellaneous health-related charges for

28  services provided at cost by the university health center

29  which are not covered by the health fee set under subsection

30  (10).

31  

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    Florida Senate - 2007                                  SB 1710
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 1         (g)  Materials and supplies fees to offset the cost of

 2  materials or supplies that are consumed in the course of the

 3  student's instructional activities, excluding the cost of

 4  equipment replacement, repairs, and maintenance.

 5         (h)  Housing rental rates and miscellaneous housing

 6  charges for services provided by the university at the request

 7  of the student.

 8         (i)  A charge representing the reasonable cost of

 9  efforts to collect payment of overdue accounts.

10         (j)  A service charge on university loans in lieu of

11  interest and administrative handling charges.

12         (k)  A fee for off-campus course offerings when the

13  location results in specific, identifiable increased costs to

14  the university.

15         (l)  Library fees and fines, including charges for

16  damaged and lost library materials, overdue reserve library

17  books, interlibrary loans, and literature searches.

18         (m)  Fees relating to duplicating, photocopying,

19  binding, and microfilming; copyright services; and

20  standardized testing. These fees may be charged only to those

21  who receive the services.

22         (n)  Fees and fines relating to the use, late return,

23  and loss and damage of facilities and equipment.

24         (o)  A returned-check fee as authorized by s. 832.07(1)

25  for unpaid checks returned to the university.

26         (p)  Traffic and parking fines, charges for parking

27  decals, and transportation access fees.

28         (q)  An Educational Research Center for Child

29  Development fee for child care and services offered by the

30  center.

31  

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    Florida Senate - 2007                                  SB 1710
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 1         (r)  Fees for transcripts and diploma replacement, not

 2  to exceed $10 per item.

 3         (14)(13)  Each university board of trustees is

 4  authorized to establish a nonrefundable admissions deposit for

 5  undergraduate, graduate, and professional degree programs in

 6  an amount not to exceed $200. The admissions deposit shall be

 7  imposed at the time of an applicant's acceptance to the

 8  university and shall be applied toward tuition upon

 9  enrollment. In the event the applicant does not enroll in the

10  university, the admissions deposit shall be deposited in an

11  auxiliary account of the university and used to expand

12  financial assistance, scholarships, and student academic and

13  career counseling services at the university. A university

14  board of trustees that establishes an admissions deposit

15  pursuant to this subsection must also adopt policies that

16  provide for the waiver of such deposit on the basis of

17  financial hardship.

18         (15)(14)  Each university may assess a service charge

19  for the payment of tuition and fees in installments. Such

20  service charge must be approved by the university board of

21  trustees.

22         Section 2.  This act shall take effect July 1, 2007.

23  

24            *****************************************

25                          SENATE SUMMARY

26    Authorizes the Board of Governors to delegate authority
      to establish certain fees to the board of trustees of a
27    university.

28  

29  

30  

31  

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