Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 8-C
Barcode 091490
CHAMBER ACTION
Senate House
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10/12/2007 12:17 PM .
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11 The Conference Committee on CS for SB 8-C recommended the
12 following amendment:
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14 Conference Committee Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Subsections (3), (10), (11), (12), and (13)
19 of section 1009.22, Florida Statutes, are amended to read:
20 1009.22 Workforce education postsecondary student
21 fees.--
22 (3)(a) The Commissioner of Education shall provide to
23 the State Board of Education no later than December 31 of each
24 year a schedule of fees for workforce development education,
25 excluding continuing workforce education, for school districts
26 and community colleges. The fee schedule shall be based on the
27 amount of student fees necessary to produce 25 percent of the
28 prior year's average cost of a course of study leading to a
29 certificate or diploma. Except as otherwise provided by law,
30 fees for students who are nonresidents not residents for
31 tuition purposes must offset the full cost of instruction.
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 8-C
Barcode 091490
1 Fee-nonexempt students enrolled in vocational-preparatory
2 instruction shall be charged fees equal to the fees charged
3 for certificate career education instruction. Each community
4 college that conducts college-preparatory and
5 vocational-preparatory instruction in the same class section
6 may charge a single fee for both types of instruction.
7 (b) Fees for continuing workforce education shall be
8 locally determined by the district school board or community
9 college board. However, at least 50 percent of the
10 expenditures for the continuing workforce education program
11 provided by the community college or school district must be
12 derived from fees.
13 (c) Effective January 1, 2008, standard resident
14 tuition shall be $1.67 per contact hour for programs leading
15 to a career certificate or an applied technology diploma and
16 83 cents for adult general education programs. The State Board
17 of Education shall adopt a fee schedule for school districts
18 and community colleges that produces the fee revenues
19 calculated pursuant to paragraph (a). The schedule so
20 calculated shall take effect, unless otherwise specified in
21 the General Appropriations Act.
22 (d) Beginning with the 2008-2009 fiscal year and each
23 year thereafter, the standard resident tuition per contact
24 hour shall increase at the beginning of each fall semester at
25 a rate equal to inflation, unless otherwise provided in the
26 General Appropriations Act. The Office of Economic and
27 Demographic Research shall report the rate of inflation to the
28 President of the Senate, the Speaker of the House of
29 Representatives, the Governor, and the State Board of
30 Education each year prior to March 1. For purposes of this
31 paragraph, the rate of inflation shall be defined as the rate
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 8-C
Barcode 091490
1 of the 12-month percentage change in the Consumer Price Index
2 for All Urban Consumers, U.S. City Average, All Items, or
3 successor reports as reported by the United States Department
4 of Labor, Bureau of Labor Statistics, or its successor for
5 December of the previous year. In the event the percentage
6 change is negative, the standard resident tuition shall remain
7 at the same level as the prior fiscal year.
8 (e) Each district school board and each community
9 college board of trustees may adopt resident tuition that is
10 within the range of 5 percent below to 5 percent above the
11 standard tuition.
12 (f) The maximum increase in resident tuition for any
13 school district or community college during the 2007-2008
14 fiscal year shall be 5 percent over the tuition charged during
15 the 2006-2007 fiscal year.
16 (g)(d) The State Board of Education shall adopt, by
17 rule, the definitions and procedures that district school
18 boards and community college boards of trustees shall use in
19 the calculation of cost borne by students.
20 (10) Each year the State Board of Education shall
21 review and evaluate the percentage of the cost of adult
22 programs and certificate career education programs supported
23 through student fees. For students who are residents for
24 tuition purposes, the schedule adopted pursuant to subsection
25 (3) must produce revenues equal to 25 percent of the prior
26 year's average program cost for college-preparatory and
27 certificate-level workforce development programs. Fees for
28 continuing workforce education shall be locally determined by
29 the district school board or community college board. However,
30 at least 50 percent of the expenditures for the continuing
31 workforce education program provided by the community college
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 8-C
Barcode 091490
1 or school district must be derived from fees. Except as
2 otherwise provided by law, fees for students who are not
3 residents for tuition purposes must offset the full cost of
4 instruction.
5 (10)(11) Each school district and community college
6 may assess a service charge for the payment of tuition and
7 fees in installments. Such service charge must be approved by
8 the district school board or community college board of
9 trustees.
10 (11)(12) Any school district or community college that
11 reports students who have not paid fees in an approved manner
12 in calculations of full-time equivalent enrollments for state
13 funding purposes shall be penalized at a rate equal to 2 times
14 the value of such enrollments. Such penalty shall be charged
15 against the following year's allocation from workforce
16 education funds or the Community College Program Fund and
17 shall revert to the General Revenue Fund. The State Board of
18 Education shall specify, in rule, approved methods of student
19 fee payment. Such methods must include, but need not be
20 limited to, student fee payment; payment through federal,
21 state, or institutional financial aid; and employer fee
22 payments.
23 (12)(13) Each school district and community college
24 shall report only those students who have actually enrolled in
25 instruction provided or supervised by instructional personnel
26 under contract with the district or community college in
27 calculations of actual full-time enrollments for state funding
28 purposes. A student who has been exempted from taking a course
29 or who has been granted academic or technical credit through
30 means other than actual coursework completed at the granting
31 institution may not be calculated for enrollment in the course
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 8-C
Barcode 091490
1 from which the student has been exempted or for which the
2 student has been granted credit. School districts and
3 community colleges that report enrollments in violation of
4 this subsection shall be penalized at a rate equal to 2 times
5 the value of such enrollments. Such penalty shall be charged
6 against the following year's allocation from workforce
7 education funds and shall revert to the General Revenue Fund.
8 Section 2. The nonrecurring sum of $629,614 from the
9 General Revenue Fund is appropriated to the Department of
10 Education for the 2007-2008 fiscal year for Aid to Local
11 Governments, Grants and Aids, Workforce Development. These
12 funds are provided to fund one-half of the estimated annual
13 revenue generated from a 5-percent increase in tuition for
14 fee-paying students in school districts for the 2007-2008
15 fiscal year. The department shall allocate the funds among the
16 districts in the same proportion as each district's
17 proportionate share of the total estimated tuition and fee
18 revenue for career certificate or applied technology diploma
19 and adult general education programs for all districts for the
20 2007-2008 fiscal year.
21 Section 3. Subsections (1), (3), and (4) of section
22 1009.23, Florida Statutes, are amended to read:
23 1009.23 Community college student fees.--
24 (1) Unless otherwise provided, this section applies
25 only to fees charged for college credit instruction leading to
26 an associate in arts degree, an associate in applied science
27 degree, an associate in science degree, or a baccalaureate
28 degree authorized by the State Board of Education pursuant to
29 s. 1007.33 or s. 1004.73, and for noncollege credit
30 college-preparatory courses defined in s. 1004.02, and for
31 educator preparation institute programs defined in s. 1004.85.
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 8-C
Barcode 091490
1 (3)(a) Effective January 1, 2008, for advanced and
2 professional, postsecondary vocational, college preparatory,
3 and educator preparation institute programs, the following
4 tuition and fee rates shall apply:
5 1. The sum of the standard tuition and the technology
6 fee shall be $51.35 per credit hour for students who are
7 residents for tuition purposes.
8 2. The sum of the standard tuition, the technology
9 fee, and the out-of-state fee shall be $154.14 per credit hour
10 for students who are nonresidents for tuition purposes.
11 (b) Effective January 1, 2008, for baccalaureate
12 degree programs, the following tuition and fee rates shall
13 apply:
14 1. The sum of the tuition and the technology fee shall
15 be $65.47 per credit hour for students who are residents for
16 tuition purposes.
17 2. The sum of the tuition, the technology fee, and the
18 out-of-state fee per credit hour for students who are
19 nonresidents for tuition purposes shall be no more than 85
20 percent of the sum of the tuition and the out-of-state fee at
21 the state university nearest the community college.
22 (c) Beginning with the 2008-2009 fiscal year and each
23 year thereafter, the tuition and fees specified in paragraphs
24 (a) and (b) shall increase at the beginning of each fall
25 semester at a rate equal to inflation, unless otherwise
26 provided in the General Appropriations Act. The Office of
27 Economic and Demographic Research shall report the rate of
28 inflation to the President of the Senate, the Speaker of the
29 House of Representatives, the Governor, and the State Board of
30 Education each year prior to March 1. For purposes of this
31 paragraph, the rate of inflation shall be defined as the rate
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 8-C
Barcode 091490
1 of the 12-month percentage change in the Consumer Price Index
2 for All Urban Consumers, U.S. City Average, All Items, or
3 successor reports as reported by the United States Department
4 of Labor, Bureau of Labor Statistics, or its successor for
5 December of the previous year. In the event the percentage
6 change is negative, the sum of the tuition and the technology
7 fee per credit hour and the out-of-state fee per credit hour
8 shall remain at the same levels as the prior fiscal year. The
9 State Board of Education shall adopt by December 31 of each
10 year a resident fee schedule for the following fall for
11 advanced and professional, associate in science degree, and
12 college-preparatory programs that produce revenues in the
13 amount of 25 percent of the full prior year's cost of these
14 programs. Fees for courses in college-preparatory programs and
15 associate in arts and associate in science degree programs may
16 be established at the same level. In the absence of a
17 provision to the contrary in an appropriations act, the fee
18 schedule shall take effect and the colleges shall expend the
19 funds on instruction. If the Legislature provides for an
20 alternative fee schedule in an appropriations act, the fee
21 schedule shall take effect the subsequent fall semester.
22 (4) Each community college board of trustees shall
23 establish tuition and out-of-state fees, which may vary no
24 more than 10 percent below and 15 percent above the combined
25 total of the standard tuition and fees established in
26 subsection (3) fee schedule adopted by the State Board of
27 Education and the technology fee adopted by a board of
28 trustees, provided that any amount from 10 to 15 percent above
29 the standard tuition and fees established in subsection (3)
30 shall be fee schedule is used only to support safety and
31 security purposes. In order to assess an additional amount for
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 8-C
Barcode 091490
1 safety and security purposes, a community college board of
2 trustees must provide written justification to the State Board
3 of Education based on criteria approved by the board of
4 trustees, including, but not limited to, criteria such as
5 local crime data and information, and strategies for the
6 implementation of local safety plans. Should a college decide
7 to increase the tuition and fees fee, the funds raised by
8 increasing the tuition and fees fee must be expended solely
9 for additional safety and security purposes and shall not
10 supplant funding expended in the 1998-1999 budget for safety
11 and security purposes.
12 Section 4. The nonrecurring sum of $11,446,858 from
13 the General Revenue Fund is appropriated to the Department of
14 Education for the 2007-2008 fiscal year for Aid to Local
15 Governments, Grants and Aids, Community Colleges Program Fund.
16 These funds are provided to fund one-half of the estimated
17 annual revenue generated from a 5-percent increase in tuition
18 for students in community colleges for the 2007-2008 fiscal
19 year. The department shall allocate the funds among the
20 community colleges in the same proportion as each college's
21 proportionate share of the total estimated tuition and fee
22 revenue for all community colleges for the 2007-2008 fiscal
23 year.
24 Section 5. Subsection (4) of section 1009.24, Florida
25 Statutes, is amended, and paragraph (s) is added to subsection
26 (13) of that section, to read:
27 1009.24 State university student fees.--
28 (4)(a) Effective January 1, 2008, the resident
29 undergraduate tuition for lower-level and upper-level
30 coursework shall be $77.39 per credit hour.
31 (b) Beginning with the 2008-2009 fiscal year and each
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 8-C
Barcode 091490
1 year thereafter, the resident undergraduate tuition per credit
2 hour shall increase at the beginning of each fall semester at
3 a rate equal to inflation, unless otherwise provided in the
4 General Appropriations Act. The Office of Economic and
5 Demographic Research shall report the rate of inflation to the
6 President of the Senate, the Speaker of the House of
7 Representatives, the Governor, and the Board of Governors each
8 year prior to March 1. For purposes of this paragraph, the
9 rate of inflation shall be defined as the rate of the 12-month
10 percentage change in the Consumer Price Index for All Urban
11 Consumers, U.S. City Average, All Items, or successor reports
12 as reported by the United States Department of Labor, Bureau
13 of Labor Statistics, or its successor for December of the
14 previous year. In the event the percentage change is negative,
15 the resident undergraduate tuition shall remain at the same
16 level as the prior fiscal year. Except as otherwise provided
17 by law, undergraduate tuition shall be established annually in
18 the General Appropriations Act.
19 (c) The Board of Governors, or the board's designee,
20 may establish tuition for graduate and professional programs,
21 and out-of-state fees for all programs. The sum of tuition and
22 out-of-state fees assessed to nonresident students must be
23 sufficient to offset the full instructional cost of serving
24 such students. However, adjustments to out-of-state fees or
25 tuition for graduate and professional programs pursuant to
26 this section may not exceed 10 percent in any year.
27 (d) The sum of the activity and service, health, and
28 athletic fees a student is required to pay to register for a
29 course shall not exceed 40 percent of the tuition established
30 in law or in the General Appropriations Act. No university
31 shall be required to lower any fee in effect on the effective
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 8-C
Barcode 091490
1 date of this act in order to comply with this subsection.
2 Within the 40 percent cap, universities may not increase the
3 aggregate sum of activity and service, health, and athletic
4 fees more than 5 percent per year unless specifically
5 authorized in law or in the General Appropriations Act. A
6 university may increase its athletic fee to defray the costs
7 associated with changing National Collegiate Athletic
8 Association divisions. Any such increase in the athletic fee
9 may exceed both the 40 percent cap and the 5 percent cap
10 imposed by this subsection. Any such increase must be approved
11 by the athletic fee committee in the process outlined in
12 subsection (12) (11) and cannot exceed $2 per credit hour.
13 Notwithstanding the provisions of ss. 1009.534, 1009.535, and
14 1009.536, that portion of any increase in an athletic fee
15 pursuant to this subsection that causes the sum of the
16 activity and service, health, and athletic fees to exceed the
17 40 percent cap or the annual increase in such fees to exceed
18 the 5 percent cap shall not be included in calculating the
19 amount a student receives for a Florida Academic Scholars
20 award, a Florida Medallion Scholars award, or a Florida Gold
21 Seal Vocational Scholars award.
22 (e) This subsection does not prohibit a university
23 from increasing or assessing optional fees related to specific
24 activities if payment of such fees is not required as a part
25 of registration for courses.
26 (13) Each university board of trustees is authorized
27 to establish the following fees:
28 (s) A technology fee of up to 5 percent of the tuition
29 per credit hour, beginning with the fall term of the 2009-2010
30 academic year. The revenue from this fee shall be used to
31 enhance instructional technology resources for students and
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 8-C
Barcode 091490
1 faculty. The technology fee shall not be included in any award
2 under the Florida Bright Futures Scholarship Program.
3 Section 6. The nonrecurring sum of $9,547,941 from the
4 General Revenue Fund is appropriated to the Division of
5 Universities for the 2007-2008 fiscal year for Aid to Local
6 Governments, Grants and Aids, Education and General
7 Activities. These funds are provided to fund one-half of the
8 estimated annual revenue generated from a 5-percent increase
9 in tuition for resident students in undergraduate enrollment
10 in state universities for the 2007-2008 fiscal year. The Board
11 of Governors shall allocate the funds among the universities
12 in the same proportion as each university's proportionate
13 share of the total estimated resident undergraduate tuition
14 revenue for all state universities for the 2007-2008 fiscal
15 year.
16 Section 7. By November 21, 2007, each school district
17 that provides postsecondary workforce education, each
18 community college, and each state university shall submit a
19 plan to the State Board of Education or the Board of
20 Governors, as appropriate, specifying the amount and percent
21 of the funds generated by the 5-percent tuition increase in
22 the Spring 2008 term which will be used for need-based
23 financial aid for Florida residents. By November 30, 2007, the
24 State Board of Education and the Board of Governors shall
25 provide a summary report of the plans to the Executive Office
26 of the Governor, the Chair of the Senate Fiscal Policy and
27 Calendar Committee, and the Chair of the House Policy and
28 Budget Council. By December 7, 2007, each institution shall
29 notify the students who will receive additional need-based aid
30 in their Spring 2008 term financial aid packages. For the
31 purpose of implementing this section and notwithstanding s.
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 8-C
Barcode 091490
1 1009.23 (8)(a), Florida Statutes, each community college is
2 authorized to transfer the amount allocated for need-based
3 financial aid, as specified in the required plan, from the
4 general current fund to the loan, endowment, or scholarship
5 fund. This section expires July 1, 2008.
6 Section 8. This act shall take effect upon becoming a
7 law.
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10 ================ T I T L E A M E N D M E N T ===============
11 And the title is amended as follows:
12 Delete everything before the enacting clause
13
14 and insert:
15 A bill to be entitled
16 An act relating to tuition and fees for higher
17 education; amending s. 1009.22, F.S., relating
18 to postsecondary student fees for workforce
19 education; deleting provisions requiring the
20 State Board of Education to adopt a fee
21 schedule; providing standard resident tuition
22 for the career certificate, applied technology
23 diploma, and adult general education programs;
24 providing for annual tuition adjustments based
25 on inflation; authorizing district school
26 boards and community college boards to adopt
27 tuition within a specified range; limiting the
28 amount of the increase during the 2007-2008
29 fiscal year; providing an appropriation and
30 requiring the Department of Education to
31 allocate such funds; amending s. 1009.23, F.S.,
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 8-C
Barcode 091490
1 relating to community college student fees;
2 providing fees for educator preparation
3 institute programs; providing tuition and fees
4 for community college programs for students who
5 are residents or nonresidents for tuition
6 purposes; deleting provisions requiring the
7 State Board of Education to adopt a fee
8 schedule in the absence of a provision in an
9 appropriations act; providing for annual
10 tuition and fee adjustments based on inflation;
11 providing restrictions; providing an
12 appropriation and requiring the Department of
13 Education to allocate such funds; amending s.
14 1009.24, F.S., relating to state university
15 student fees; providing an amount for resident
16 undergraduate tuition; providing for annual
17 tuition adjustments based on inflation;
18 providing authority for a technology fee
19 beginning with the 2009-2010 fall term;
20 providing for the use of fee revenues;
21 providing an appropriation and requiring the
22 Board of Governors to allocate the funds;
23 requiring certain school districts, community
24 colleges, and state universities to submit
25 plans to the State Board of Education or the
26 Board of Governors specifying the amount and
27 percent of funds generated by the tuition
28 increase which will be used for need-based
29 financial aid for state residents; requiring a
30 summary of such reports be provided to the
31 Governor and the Legislature; requiring each
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 8-C
Barcode 091490
1 institution to notify students who will receive
2 additional aid; authorizing community colleges
3 to transfer certain funds; providing for future
4 expiration of such provisions; providing an
5 effective date.
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