Amendment
Bill No. 0905
Amendment No. 901403
CHAMBER ACTION
Senate House
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1Representative(s) Pickens offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Section 1009.01, Florida Statutes, is amended
6to read:
7     1009.01  Definitions.--The term:
8     (1)  "Tuition" means the basic fee charged to a student for
9instruction provided by a public postsecondary educational
10institution in this state. A charge for any other purpose shall
11not be included within this fee.
12     (2)  "Out-of-state fee" means the additional fee for
13instruction provided by a public postsecondary educational
14institution in this state, which fee is charged to a non-Florida
15student as defined in rules of the State Board of Education. A
16charge for any other purpose shall not be included within this
17fee.
18     (3)  "Tuition differential" means the supplemental fee
19charged to a student for instruction provided by a public
20university in this state pursuant to s. 1009.24(15).
21     Section 2.  Subsection (8) of section 1009.24, Florida
22Statutes, is amended, and subsection (15) is added to that
23section, to read:
24     1009.24  State university student fees.--
25     (8)  Each university board of trustees is authorized to
26establish separate activity and service, health, and athletic
27fees. When duly established, the fees shall be collected as
28component parts of tuition and fees and shall be retained by the
29university and paid into the separate activity and service,
30health, and athletic funds. Notwithstanding any other provision
31of law to the contrary, a university may transfer revenues
32derived from the fees authorized pursuant to this subsection to
33a university direct-support organization of the university to be
34used only for the purpose of paying and securing debt on
35projects approved pursuant to s. 1010.62 and pursuant to a
36written agreement approved by the Board of Governors. The amount
37transferred may not exceed the amount authorized for annual debt
38service pursuant to s. 1010.62.
39     (15)  The Board of Governors may establish a uniform
40maximum undergraduate tuition differential that does not exceed
4140 percent of tuition for all universities that meet the
42criteria for Funding Level 1 under s. 1004.635(3), and may
43establish a uniform maximum undergraduate tuition differential
44that does not exceed 30 percent of tuition for all universities
45that meet the criteria for Funding Level 2 under s. 1004.635(3).
46However, the board shall ensure that the maximum tuition
47differential it establishes for universities meeting the Funding
48Level 1 criteria is at least 30 percent greater than the maximum
49tuition differential the board establishes for universities that
50meet Funding Level 2 criteria. The tuition differential is
51subject to the following conditions:
52     (a)  The sum of tuition and the tuition differential may
53not be increased by more than 15 percent of the total charged
54for these fees in the preceding fiscal year.
55     (b)  The tuition differential may not be calculated as a
56part of the scholarship programs established in ss. 1009.53-
571009.537.
58     (c)  Beneficiaries having prepaid tuition contracts
59pursuant to s. 1009.98(2)(b) which were in effect on July 1,
602007, and which remain in effect, are exempt from the payment of
61the tuition differential.
62     (d)  The tuition differential may not be charged to any
63student who was in attendance at the university before July 1,
642007, and who maintains continuous enrollment.
65     (e)  The tuition differential may be waived by the
66university for students who meet the eligibility requirements
67for the Florida public student assistance grant established in
68s. 1009.50.
69     (f)  A university board of trustees that has been
70authorized by the Board of Governors to establish a tuition
71differential pursuant to this subsection may establish the
72tuition differential at a rate lower than the maximum tuition
73differential established by the board, but may not exceed the
74maximum tuition differential established by the board.
75     (g)  The revenue generated from the tuition differential
76must be spent solely for improving the quality of direct
77undergraduate instruction and support services.
78     (h)  Information relating to the annual receipt and
79expenditure of the proceeds from the assessment of the tuition
80differential shall be reported by the university in accordance
81with guidelines established by the Board of Governors.
82     Section 3.  Paragraph (b) of subsection (2) of section
831009.98, Florida Statutes, is amended to read:
84     1009.98  Stanley G. Tate Florida Prepaid College Program.--
85     (2)  PREPAID COLLEGE PLANS.--At a minimum, the board shall
86make advance payment contracts available for two independent
87plans to be known as the community college plan and the
88university plan. The board may also make advance payment
89contracts available for a dormitory residence plan. The board
90may restrict the number of participants in the community college
91plan, university plan, and dormitory residence plan,
92respectively. However, any person denied participation solely on
93the basis of such restriction shall be granted priority for
94participation during the succeeding year.
95     (b)1.  Through the university plan, the advance payment
96contract shall provide prepaid registration fees for a specified
97number of undergraduate semester credit hours not to exceed the
98average number of hours required for the conference of a
99baccalaureate degree. Qualified beneficiaries shall bear the
100cost of any laboratory fees associated with enrollment in
101specific courses. Each qualified beneficiary shall be classified
102as a resident for tuition purposes pursuant to s. 1009.21,
103regardless of his or her actual legal residence.
104     2.  Effective July 1, 1998, the board may provide advance
105payment contracts for additional fees delineated in s.
1061009.24(8)-(11), for a specified number of undergraduate
107semester credit hours not to exceed the average number of hours
108required for the conference of a baccalaureate degree, in
109conjunction with advance payment contracts for registration
110fees. Such contracts shall provide prepaid coverage for the sum
111of such fees, to a maximum of 45 percent of the cost of
112registration fees. University plan contracts purchased prior to
113July 1, 1998, shall be limited to the payment of registration
114fees as defined in s. 1009.97.
115     3.  Effective July 1, 2007, the board may provide advance
116payment contracts for the tuition differential authorized in s.
1171009.24(15) for a specified number of undergraduate semester
118credit hours, which may not exceed the average number of hours
119required for the conference of a baccalaureate degree, in
120conjunction with advance payment contracts for registration
121fees.
122     Section 4.  This act shall take effect July 1, 2007.
123
124======= T I T L E  A M E N D M E N T ==========
125     Remove the entire title and insert:
126
A bill to be entitled
127An act relating to academic fees; amending s. 1009.01,
128F.S.; defining the term "tuition differential"; amending
129s. 1009.24, F.S.; authorizing a university to transfer
130revenues from certain fees to a university direct-support
131organization; limiting the purposes for which such
132revenues may be used; limiting the amount that may be
133transferred; authorizing the Board of Governors of the
134State University System to establish uniform undergraduate
135tuition differentials; providing certain conditions for
136the tuition differentials; amending s. 1009.98, F.S.;
137authorizing the Florida Prepaid College Board to provide
138advance payment contracts for tuition differentials for a
139specified number of undergraduate semester hours;
140providing an effective date.


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