HB 5021C

1
A bill to be entitled
2An act relating to tuition and fees for higher education;
3amending s. 1009.22, F.S., relating to postsecondary
4student fees for workforce education; deleting provisions
5requiring the State Board of Education to adopt a fee
6schedule; providing standard resident tuition for the
7career certificate, applied technology diploma, and adult
8general education courses; providing for annual tuition
9adjustments based on inflation; authorizing district
10school boards and community college boards to adopt
11tuition within a specified range; limiting the amount of
12the increase during the 2007-2008 fiscal year; amending s.
131009.23, F.S., relating to community college student fees;
14providing standard tuition and fees for community college
15programs for students who are residents or nonresidents
16for tuition purposes; deleting provisions requiring the
17State Board of Education to adopt a fee schedule in the
18absence of a provision in an appropriations act; providing
19for annual tuition and fee adjustments based on inflation;
20providing restrictions; amending s. 1009.24, F.S.,
21relating to state university student fees; providing an
22amount for resident undergraduate tuition; providing for
23annual tuition adjustments based on inflation; providing
24an effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Subsections (3), (10), (11), (12), and (13) of
29section 1009.22, Florida Statutes, are amended to read:
30     1009.22  Workforce education postsecondary student fees.--
31     (3)(a)  The Commissioner of Education shall provide to the
32State Board of Education no later than December 31 of each year
33a schedule of fees for workforce development education,
34excluding continuing workforce education, for school districts
35and community colleges. The fee schedule shall be based on the
36amount of student fees necessary to produce 25 percent of the
37prior year's average cost of a course of study leading to a
38certificate or diploma. Except as otherwise provided by law,
39fees for students who are nonresidents not residents for tuition
40purposes must offset the full cost of instruction. Fee-nonexempt
41students enrolled in vocational-preparatory instruction shall be
42charged fees equal to the fees charged for certificate career
43education instruction. Each community college that conducts
44college-preparatory and vocational-preparatory instruction in
45the same class section may charge a single fee for both types of
46instruction.
47     (b)  Fees for continuing workforce education shall be
48locally determined by the district school board or community
49college board. However, at least 50 percent of the expenditures
50for the continuing workforce education program provided by the
51community college or school district must be derived from fees.
52     (c)  Effective January 1, 2008, standard resident tuition
53per contact hour shall be $1.67 for courses leading to a career
54certificate or an applied technology diploma and 83 cents for
55adult general education courses. The State Board of Education
56shall adopt a fee schedule for school districts and community
57colleges that produces the fee revenues calculated pursuant to
58paragraph (a). The schedule so calculated shall take effect,
59unless otherwise specified in the General Appropriations Act.
60     (d)  Beginning with the 2008-2009 fiscal year and each year
61thereafter, the standard resident tuition per contact hour shall
62increase at the beginning of each fall semester at a rate equal
63to inflation, unless otherwise provided in the General
64Appropriations Act. The Office of Economic and Demographic
65Research shall report the rate of inflation to the President of
66the Senate, the Speaker of the House of Representatives, the
67Governor, and the State Board of Education each year prior to
68March 1. For purposes of this paragraph, the rate of inflation
69shall be defined as the rate of the 12-month percentage change
70in the Consumer Price Index for All Urban Consumers, U.S. City
71Average, All Items, or successor reports as reported by the
72United States Department of Labor, Bureau of Labor Statistics,
73or its successor for December of the previous year. In the event
74the percentage change is negative, the standard resident tuition
75shall remain at the same level as the prior fiscal year.
76     (e)  Each district school board and each community college
77board of trustees may adopt resident tuition that is within the
78range of 5 percent below to 5 percent above the standard
79tuition.
80     (f)  The maximum increase in resident tuition for any
81school district or community college during the 2007-2008 fiscal
82year shall be 5 percent over the tuition charged during the
832006-2007 fiscal year.
84     (g)(d)  The State Board of Education shall adopt, by rule,
85the definitions and procedures that district school boards shall
86use in the calculation of cost borne by students.
87     (10)  Each year the State Board of Education shall review
88and evaluate the percentage of the cost of adult programs and
89certificate career education programs supported through student
90fees. For students who are residents for tuition purposes, the
91schedule adopted pursuant to subsection (3) must produce
92revenues equal to 25 percent of the prior year's average program
93cost for college-preparatory and certificate-level workforce
94development programs. Fees for continuing workforce education
95shall be locally determined by the district school board or
96community college board. However, at least 50 percent of the
97expenditures for the continuing workforce education program
98provided by the community college or school district must be
99derived from fees. Except as otherwise provided by law, fees for
100students who are not residents for tuition purposes must offset
101the full cost of instruction.
102     (10)(11)  Each school district and community college may
103assess a service charge for the payment of tuition and fees in
104installments. Such service charge must be approved by the
105district school board or community college board of trustees.
106     (11)(12)  Any school district or community college that
107reports students who have not paid fees in an approved manner in
108calculations of full-time equivalent enrollments for state
109funding purposes shall be penalized at a rate equal to 2 times
110the value of such enrollments. Such penalty shall be charged
111against the following year's allocation from workforce education
112funds or the Community College Program Fund and shall revert to
113the General Revenue Fund. The State Board of Education shall
114specify, in rule, approved methods of student fee payment. Such
115methods must include, but need not be limited to, student fee
116payment; payment through federal, state, or institutional
117financial aid; and employer fee payments.
118     (12)(13)  Each school district and community college shall
119report only those students who have actually enrolled in
120instruction provided or supervised by instructional personnel
121under contract with the district or community college in
122calculations of actual full-time enrollments for state funding
123purposes. A student who has been exempted from taking a course
124or who has been granted academic or technical credit through
125means other than actual coursework completed at the granting
126institution may not be calculated for enrollment in the course
127from which the student has been exempted or for which the
128student has been granted credit. School districts and community
129colleges that report enrollments in violation of this subsection
130shall be penalized at a rate equal to 2 times the value of such
131enrollments. Such penalty shall be charged against the following
132year's allocation from workforce education funds and shall
133revert to the General Revenue Fund.
134     Section 2.  Subsections (3) and (4) of section 1009.23,
135Florida Statutes, are amended to read:
136     1009.23  Community college student fees.--
137     (3)(a)  Effective January 1, 2008, for advanced and
138professional, postsecondary vocational, college preparatory, and
139educator preparatory programs, the following tuition and fee
140rates shall apply:
141     1.  The sum of the standard tuition and the technology fee
142per credit hour shall be $51.35 for students who are residents
143for tuition purposes.
144     2.  The sum of the standard tuition, the technology fee,
145and the out-of-state fee per credit hour shall be $154.14 for
146students who are nonresidents for tuition purposes.
147     (b)  Effective January 1, 2008, for baccalaureate degree
148programs, the following tuition and fee rates shall apply:
149     1.  The sum of the standard tuition and the technology fee
150per credit hour shall be $65.47 for students who are residents
151for tuition purposes.
152     2.  The sum of the standard tuition, the technology fee,
153and the out-of-state fee per credit hour for students who are
154nonresidents for tuition purposes shall be no more than 85
155percent of the sum of the tuition and the out-of-state fee at
156the state university nearest the community college.
157     (c)  Beginning with the 2008-2009 fiscal year and each year
158thereafter, the sum of the standard tuition and the technology
159fee per credit hour and the out-of-state fee per credit hour
160shall increase at the beginning of each fall semester at a rate
161equal to inflation, unless otherwise provided in the General
162Appropriations Act. The Office of Economic and Demographic
163Research shall report the rate of inflation to the President of
164the Senate, the Speaker of the House of Representatives, the
165Governor, and the State Board of Education each year prior to
166March 1. For purposes of this paragraph, the rate of inflation
167shall be defined as the rate of the 12-month percentage change
168in the Consumer Price Index for All Urban Consumers, U.S. City
169Average, All Items, or successor reports as reported by the
170United States Department of Labor, Bureau of Labor Statistics,
171or its successor for December of the previous year. In the event
172the percentage change is negative, the sum of the standard
173tuition and the technology fee per credit hour and the out-of-
174state fee per credit hour shall remain at the same levels as the
175prior fiscal year. The State Board of Education shall adopt by
176December 31 of each year a resident fee schedule for the
177following fall for advanced and professional, associate in
178science degree, and college-preparatory programs that produce
179revenues in the amount of 25 percent of the full prior year's
180cost of these programs. Fees for courses in college-preparatory
181programs and associate in arts and associate in science degree
182programs may be established at the same level. In the absence of
183a provision to the contrary in an appropriations act, the fee
184schedule shall take effect and the colleges shall expend the
185funds on instruction. If the Legislature provides for an
186alternative fee schedule in an appropriations act, the fee
187schedule shall take effect the subsequent fall semester.
188     (4)  Each community college board of trustees shall
189establish tuition and out-of-state fees, which may vary no more
190than 10 percent below and 15 percent above the combined total of
191the standard tuition and fees established in subsection (3) fee
192schedule adopted by the State Board of Education and the
193technology fee adopted by a board of trustees, provided that any
194amount from 10 to 15 percent above the standard tuition and fees
195established in subsection (3) shall be fee schedule is used only
196to support safety and security purposes. In order to assess an
197additional amount for safety and security purposes, a community
198college board of trustees must provide written justification to
199the State Board of Education based on criteria approved by the
200board of trustees, including, but not limited to, criteria such
201as local crime data and information, and strategies for the
202implementation of local safety plans. Should a college decide to
203increase the tuition and fees fee, the funds raised by
204increasing the tuition and fees fee must be expended solely for
205additional safety and security purposes and shall not supplant
206funding expended in the 1998-1999 budget for safety and security
207purposes.
208     Section 3.  Subsection (4) of section 1009.24, Florida
209Statutes, is amended to read:
210     1009.24  State university student fees.--
211     (4)(a)  Effective January 1, 2008, the resident
212undergraduate tuition per credit hour for lower-level and upper-
213level coursework shall be $77.39.
214     (b)  Beginning with the 2008-2009 fiscal year and each year
215thereafter, the resident undergraduate tuition per credit hour
216shall increase at the beginning of each fall semester at a rate
217equal to inflation, unless otherwise provided in the General
218Appropriations Act. The Office of Economic and Demographic
219Research shall report the rate of inflation to the President of
220the Senate, the Speaker of the House of Representatives, the
221Governor, and the Board of Governors each year prior to March 1.
222For purposes of this paragraph, the rate of inflation shall be
223defined as the rate of the 12-month percentage change in the
224Consumer Price Index for All Urban Consumers, U.S. City Average,
225All Items, or successor reports as reported by the United States
226Department of Labor, Bureau of Labor Statistics, or its
227successor for December of the previous year. In the event the
228percentage change is negative, the resident undergraduate
229tuition shall remain at the same level as the prior fiscal year.
230Except as otherwise provided by law, undergraduate tuition shall
231be established annually in the General Appropriations Act.
232     (c)  The Board of Governors, or the board's designee, may
233establish tuition for graduate and professional programs, and
234out-of-state fees for all programs. The sum of tuition and out-
235of-state fees assessed to nonresident students must be
236sufficient to offset the full instructional cost of serving such
237students. However, adjustments to out-of-state fees or tuition
238for graduate and professional programs pursuant to this section
239may not exceed 10 percent in any year.
240     (d)  The sum of the activity and service, health, and
241athletic fees a student is required to pay to register for a
242course shall not exceed 40 percent of the tuition established in
243law or in the General Appropriations Act. No university shall be
244required to lower any fee in effect on the effective date of
245this act in order to comply with this subsection. Within the 40
246percent cap, universities may not increase the aggregate sum of
247activity and service, health, and athletic fees more than 5
248percent per year unless specifically authorized in law or in the
249General Appropriations Act. A university may increase its
250athletic fee to defray the costs associated with changing
251National Collegiate Athletic Association divisions. Any such
252increase in the athletic fee may exceed both the 40 percent cap
253and the 5 percent cap imposed by this subsection. Any such
254increase must be approved by the athletic fee committee in the
255process outlined in subsection (12) (11) and cannot exceed $2
256per credit hour. Notwithstanding the provisions of ss. 1009.534,
2571009.535, and 1009.536, that portion of any increase in an
258athletic fee pursuant to this subsection that causes the sum of
259the activity and service, health, and athletic fees to exceed
260the 40 percent cap or the annual increase in such fees to exceed
261the 5 percent cap shall not be included in calculating the
262amount a student receives for a Florida Academic Scholars award,
263a Florida Medallion Scholars award, or a Florida Gold Seal
264Vocational Scholars award.
265     (e)  This subsection does not prohibit a university from
266increasing or assessing optional fees related to specific
267activities if payment of such fees is not required as a part of
268registration for courses.
269     Section 4.  This act shall take effect upon becoming a law.


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