Amendment
Bill No. 0008C

Amendment No. 658905

CHAMBER ACTION
Senate		House
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1	Representative(s) Pickens offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Subsections (3), (10), (11), (12), and (13) of
6	section 1009.22, Florida Statutes, are amended to read:
7	1009.22  Workforce education postsecondary student fees.--
8	(3)(a)  The Commissioner of Education shall provide to the
9	State Board of Education no later than December 31 of each year
10	a schedule of fees for workforce development education,
11	excluding continuing workforce education, for school districts
12	and community colleges. The fee schedule shall be based on the
13	amount of student fees necessary to produce 25 percent of the
14	prior year's average cost of a course of study leading to a
15	certificate or diploma. Except as otherwise provided by law,
16	fees for students who are nonresidents not residents for tuition
17	purposes must offset the full cost of instruction. Fee-nonexempt
18	students enrolled in vocational-preparatory instruction shall be
19	charged fees equal to the fees charged for certificate career
20	education instruction. Each community college that conducts
21	college-preparatory and vocational-preparatory instruction in
22	the same class section may charge a single fee for both types of
23	instruction.
24	(b)  Fees for continuing workforce education shall be
25	locally determined by the district school board or community
26	college board. However, at least 50 percent of the expenditures
27	for the continuing workforce education program provided by the
28	community college or school district must be derived from fees.
29	(c)  Effective January 1, 2008, standard resident tuition
30	per contact hour shall be $1.67 for courses leading to a career
31	certificate or an applied technology diploma and 83 cents for
32	adult general education courses. The State Board of Education
33	shall adopt a fee schedule for school districts and community
34	colleges that produces the fee revenues calculated pursuant to
35	paragraph (a). The schedule so calculated shall take effect,
36	unless otherwise specified in the General Appropriations Act.
37	(d)  Beginning with the 2008-2009 fiscal year and each year
38	thereafter, the standard resident tuition per contact hour shall
39	increase at the beginning of each fall semester at a rate equal
40	to inflation, unless otherwise provided in the General
41	Appropriations Act. The Office of Economic and Demographic
42	Research shall report the rate of inflation to the President of
43	the Senate, the Speaker of the House of Representatives, the
44	Governor, and the State Board of Education each year prior to
45	March 1. For purposes of this paragraph, the rate of inflation
46	shall be defined as the rate of the 12-month percentage change
47	in the Consumer Price Index for All Urban Consumers, U.S. City
48	Average, All Items, or successor reports as reported by the
49	United States Department of Labor, Bureau of Labor Statistics,
50	or its successor for December of the previous year. In the event
51	the percentage change is negative, the standard resident tuition
52	shall remain at the same level as the prior fiscal year.
53	(e)  Each district school board and each community college
54	board of trustees may adopt resident tuition that is within the
55	range of 5 percent below to 5 percent above the standard
56	tuition.
57	(f)  The maximum increase in resident tuition for any
58	school district or community college during the 2007-2008 fiscal
59	year shall be 5 percent over the tuition charged during the
60	2006-2007 fiscal year.
61	(g)(d)  The State Board of Education shall adopt, by rule,
62	the definitions and procedures that district school boards shall
63	use in the calculation of cost borne by students.
64	(10)  Each year the State Board of Education shall review
65	and evaluate the percentage of the cost of adult programs and
66	certificate career education programs supported through student
67	fees. For students who are residents for tuition purposes, the
68	schedule adopted pursuant to subsection (3) must produce
69	revenues equal to 25 percent of the prior year's average program
70	cost for college-preparatory and certificate-level workforce
71	development programs. Fees for continuing workforce education
72	shall be locally determined by the district school board or
73	community college board. However, at least 50 percent of the
74	expenditures for the continuing workforce education program
75	provided by the community college or school district must be
76	derived from fees. Except as otherwise provided by law, fees for
77	students who are not residents for tuition purposes must offset
78	the full cost of instruction.
79	(10)(11)  Each school district and community college may
80	assess a service charge for the payment of tuition and fees in
81	installments. Such service charge must be approved by the
82	district school board or community college board of trustees.
83	(11)(12)  Any school district or community college that
84	reports students who have not paid fees in an approved manner in
85	calculations of full-time equivalent enrollments for state
86	funding purposes shall be penalized at a rate equal to 2 times
87	the value of such enrollments. Such penalty shall be charged
88	against the following year's allocation from workforce education
89	funds or the Community College Program Fund and shall revert to
90	the General Revenue Fund. The State Board of Education shall
91	specify, in rule, approved methods of student fee payment. Such
92	methods must include, but need not be limited to, student fee
93	payment; payment through federal, state, or institutional
94	financial aid; and employer fee payments.
95	(12)(13)  Each school district and community college shall
96	report only those students who have actually enrolled in
97	instruction provided or supervised by instructional personnel
98	under contract with the district or community college in
99	calculations of actual full-time enrollments for state funding
100	purposes. A student who has been exempted from taking a course
101	or who has been granted academic or technical credit through
102	means other than actual coursework completed at the granting
103	institution may not be calculated for enrollment in the course
104	from which the student has been exempted or for which the
105	student has been granted credit. School districts and community
106	colleges that report enrollments in violation of this subsection
107	shall be penalized at a rate equal to 2 times the value of such
108	enrollments. Such penalty shall be charged against the following
109	year's allocation from workforce education funds and shall
110	revert to the General Revenue Fund.
111	Section 2.  Subsections (3) and (4) of section 1009.23,
112	Florida Statutes, are amended to read:
113	1009.23  Community college student fees.--
114	(3)(a)  Effective January 1, 2008, for advanced and
115	professional, postsecondary vocational, college preparatory, and
116	educator preparatory programs, the following tuition and fee
117	rates shall apply:
118	1.  The sum of the standard tuition and the technology fee
119	per credit hour shall be $51.35 for students who are residents
120	for tuition purposes.
121	2.  The sum of the standard tuition, the technology fee,
122	and the out-of-state fee per credit hour shall be $154.14 for
123	students who are nonresidents for tuition purposes.
124	(b)  Effective January 1, 2008, for baccalaureate degree
125	programs, the following tuition and fee rates shall apply:
126	1.  The sum of the standard tuition and the technology fee
127	per credit hour shall be $65.47 for students who are residents
128	for tuition purposes.
129	2.  The sum of the standard tuition, the technology fee,
130	and the out-of-state fee per credit hour for students who are
131	nonresidents for tuition purposes shall be no more than 85
132	percent of the sum of the tuition and the out-of-state fee at
133	the state university nearest the community college.
134	(c)  Beginning with the 2008-2009 fiscal year and each year
135	thereafter, the sum of the standard tuition and the technology
136	fee per credit hour and the out-of-state fee per credit hour
137	shall increase at the beginning of each fall semester at a rate
138	equal to inflation, unless otherwise provided in the General
139	Appropriations Act. The Office of Economic and Demographic
140	Research shall report the rate of inflation to the President of
141	the Senate, the Speaker of the House of Representatives, the
142	Governor, and the State Board of Education each year prior to
143	March 1. For purposes of this paragraph, the rate of inflation
144	shall be defined as the rate of the 12-month percentage change
145	in the Consumer Price Index for All Urban Consumers, U.S. City
146	Average, All Items, or successor reports as reported by the
147	United States Department of Labor, Bureau of Labor Statistics,
148	or its successor for December of the previous year. In the event
149	the percentage change is negative, the sum of the standard
150	tuition and the technology fee per credit hour and the out-of-
151	state fee per credit hour shall remain at the same levels as the
152	prior fiscal year. The State Board of Education shall adopt by
153	December 31 of each year a resident fee schedule for the
154	following fall for advanced and professional, associate in
155	science degree, and college-preparatory programs that produce
156	revenues in the amount of 25 percent of the full prior year's
157	cost of these programs. Fees for courses in college-preparatory
158	programs and associate in arts and associate in science degree
159	programs may be established at the same level. In the absence of
160	a provision to the contrary in an appropriations act, the fee
161	schedule shall take effect and the colleges shall expend the
162	funds on instruction. If the Legislature provides for an
163	alternative fee schedule in an appropriations act, the fee
164	schedule shall take effect the subsequent fall semester.
165	(4)  Each community college board of trustees shall
166	establish tuition and out-of-state fees, which may vary no more
167	than 10 percent below and 15 percent above the combined total of
168	the standard tuition and fees established in subsection (3) fee
169	schedule adopted by the State Board of Education and the
170	technology fee adopted by a board of trustees, provided that any
171	amount from 10 to 15 percent above the standard tuition and fees
172	established in subsection (3) shall be fee schedule is used only
173	to support safety and security purposes. In order to assess an
174	additional amount for safety and security purposes, a community
175	college board of trustees must provide written justification to
176	the State Board of Education based on criteria approved by the
177	board of trustees, including, but not limited to, criteria such
178	as local crime data and information, and strategies for the
179	implementation of local safety plans. Should a college decide to
180	increase the tuition and fees fee, the funds raised by
181	increasing the tuition and fees fee must be expended solely for
182	additional safety and security purposes and shall not supplant
183	funding expended in the 1998-1999 budget for safety and security
184	purposes.
185	Section 3.  Subsection (4) of section 1009.24, Florida
186	Statutes, is amended to read:
187	1009.24  State university student fees.--
188	(4)(a)  Effective January 1, 2008, the resident
189	undergraduate tuition per credit hour for lower-level and upper-
190	level coursework shall be $77.39.
191	(b)  Beginning with the 2008-2009 fiscal year and each year
192	thereafter, the resident undergraduate tuition per credit hour
193	shall increase at the beginning of each fall semester at a rate
194	equal to inflation, unless otherwise provided in the General
195	Appropriations Act. The Office of Economic and Demographic
196	Research shall report the rate of inflation to the President of
197	the Senate, the Speaker of the House of Representatives, the
198	Governor, and the Board of Governors each year prior to March 1.
199	For purposes of this paragraph, the rate of inflation shall be
200	defined as the rate of the 12-month percentage change in the
201	Consumer Price Index for All Urban Consumers, U.S. City Average,
202	All Items, or successor reports as reported by the United States
203	Department of Labor, Bureau of Labor Statistics, or its
204	successor for December of the previous year. In the event the
205	percentage change is negative, the resident undergraduate
206	tuition shall remain at the same level as the prior fiscal year.
207	Except as otherwise provided by law, undergraduate tuition shall
208	be established annually in the General Appropriations Act.
209	(c)  The Board of Governors, or the board's designee, may
210	establish tuition for graduate and professional programs, and
211	out-of-state fees for all programs. The sum of tuition and out-
212	of-state fees assessed to nonresident students must be
213	sufficient to offset the full instructional cost of serving such
214	students. However, adjustments to out-of-state fees or tuition
215	for graduate and professional programs pursuant to this section
216	may not exceed 10 percent in any year.
217	(d)  The sum of the activity and service, health, and
218	athletic fees a student is required to pay to register for a
219	course shall not exceed 40 percent of the tuition established in
220	law or in the General Appropriations Act. No university shall be
221	required to lower any fee in effect on the effective date of
222	this act in order to comply with this subsection. Within the 40
223	percent cap, universities may not increase the aggregate sum of
224	activity and service, health, and athletic fees more than 5
225	percent per year unless specifically authorized in law or in the
226	General Appropriations Act. A university may increase its
227	athletic fee to defray the costs associated with changing
228	National Collegiate Athletic Association divisions. Any such
229	increase in the athletic fee may exceed both the 40 percent cap
230	and the 5 percent cap imposed by this subsection. Any such
231	increase must be approved by the athletic fee committee in the
232	process outlined in subsection (12) (11) and cannot exceed $2
233	per credit hour. Notwithstanding the provisions of ss. 1009.534,
234	1009.535, and 1009.536, that portion of any increase in an
235	athletic fee pursuant to this subsection that causes the sum of
236	the activity and service, health, and athletic fees to exceed
237	the 40 percent cap or the annual increase in such fees to exceed
238	the 5 percent cap shall not be included in calculating the
239	amount a student receives for a Florida Academic Scholars award,
240	a Florida Medallion Scholars award, or a Florida Gold Seal
241	Vocational Scholars award.
242	(e)  This subsection does not prohibit a university from
243	increasing or assessing optional fees related to specific
244	activities if payment of such fees is not required as a part of
245	registration for courses.
246	Section 4.  This act shall take effect upon becoming a law.
247
248	======= T I T L E  A M E N D M E N T ==========
249	Remove the entire title and insert:
250	A bill to be entitled
251	An act relating to tuition and fees for higher education;
252	amending s. 1009.22, F.S., relating to postsecondary
253	student fees for workforce education; deleting provisions
254	requiring the State Board of Education to adopt a fee
255	schedule; providing standard resident tuition for the
256	career certificate, applied technology diploma, and adult
257	general education courses; providing for annual tuition
258	adjustments based on inflation; authorizing district
259	school boards and community college boards to adopt
260	tuition within a specified range; limiting the amount of
261	the increase during the 2007-2008 fiscal year; amending s.
262	1009.23, F.S., relating to community college student fees;
263	providing standard tuition and fees for community college
264	programs for students who are residents or nonresidents
265	for tuition purposes; deleting provisions requiring the
266	State Board of Education to adopt a fee schedule in the
267	absence of a provision in an appropriations act; providing
268	for annual tuition and fee adjustments based on inflation;
269	providing restrictions; amending s. 1009.24, F.S.,
270	relating to state university student fees; providing an
271	amount for resident undergraduate tuition; providing for
272	annual tuition adjustments based on inflation; providing
273	an effective date.

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