Senate Bill sb0008Cc1

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    Florida Senate - 2007                            CS for SB 8-C

    By the Committee on Higher Education Appropriations; and
    Senator Lynn




    605-469-08

  1                      A bill to be entitled

  2         An act relating to tuition and fees for higher

  3         education; amending s. 1009.22, F.S., relating

  4         to postsecondary student fees for workforce

  5         education; deleting provisions requiring the

  6         State Board of Education to adopt a fee

  7         schedule; providing standard resident tuition

  8         for the career certificate, applied technology

  9         diploma, and adult general education courses;

10         authorizing district school boards and

11         community college boards to adopt tuition

12         within a specified range; limiting the amount

13         of the increase during the 2007-2008 fiscal

14         year; providing an appropriation and requiring

15         the Department of Education to allocate such

16         funds; amending s. 1009.23, F.S., relating to

17         community college student tuition and fees;

18         providing standard resident and nonresident

19         tuition and fees for community college

20         programs; deleting provisions requiring the

21         State Board of Education to adopt the fee

22         schedule in the absence of a provision in an

23         appropriations act; providing an appropriation

24         and requiring the Department of Education to

25         allocate such funds; amending s. 1009.24, F.S.,

26         relating to state university student fees;

27         providing an amount for resident undergraduate

28         tuition; providing for imposition of a

29         technology fee beginning with the 2009-2010

30         fall term; providing for the use of fee

31         revenues; providing an appropriation and

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    Florida Senate - 2007                            CS for SB 8-C
    605-469-08




 1         requiring the Board of Governors to allocate

 2         the funds; providing an effective date.

 3  

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

 5  

 6         Section 1.  Subsections (3), (10), (11), (12), and (13)

 7  of section 1009.22, Florida Statutes, are amended to read:

 8         1009.22  Workforce education postsecondary student

 9  fees.--

10         (3)(a)  The Commissioner of Education shall provide to

11  the State Board of Education no later than December 31 of each

12  year a schedule of fees for workforce development education,

13  excluding continuing workforce education, for school districts

14  and community colleges. The fee schedule shall be based on the

15  amount of student fees necessary to produce 25 percent of the

16  prior year's average cost of a course of study leading to a

17  certificate or diploma. Except as otherwise provided by law,

18  fees for students who are not residents for tuition purposes

19  must offset the full cost of instruction. Fee-nonexempt

20  students enrolled in vocational-preparatory instruction shall

21  be charged fees equal to the fees charged for certificate

22  career education instruction. Each community college that

23  conducts college-preparatory and vocational-preparatory

24  instruction in the same class section may charge a single fee

25  for both types of instruction.

26         (b)  Fees for continuing workforce education shall be

27  locally determined by the district school board or community

28  college board. However, at least 50 percent of the

29  expenditures for the continuing workforce education program

30  provided by the community college or school district must be

31  derived from fees.

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    Florida Senate - 2007                            CS for SB 8-C
    605-469-08




 1         (c)  Effective January 1, 2008, standard resident

 2  tuition per contact hour shall be $1.67 for programs leading

 3  to a career certificate or an applied technology diploma and

 4  83 cents for adult general education programs. The State Board

 5  of Education shall adopt a fee schedule for school districts

 6  and community colleges that produces the fee revenues

 7  calculated pursuant to paragraph (a). The schedule so

 8  calculated shall take effect, unless otherwise specified in

 9  the General Appropriations Act.

10         (d)  Each district school board and each community

11  college board of trustees may adopt resident tuition that is

12  within the range of 5 percent below to 5 percent above the

13  standard tuition.

14         (e)  The maximum increase in resident tuition for any

15  school district or community college during the 2007-2008

16  fiscal year shall be 5 percent over the tuition charged during

17  the 2006-2007 fiscal year.

18         (f)(d)  The State Board of Education shall adopt, by

19  rule, the definitions and procedures that district school

20  boards shall use in the calculation of cost borne by students.

21         (10)  Each year the State Board of Education shall

22  review and evaluate the percentage of the cost of adult

23  programs and certificate career education programs supported

24  through student fees. For students who are residents for

25  tuition purposes, the schedule adopted pursuant to subsection

26  (3) must produce revenues equal to 25 percent of the prior

27  year's average program cost for college-preparatory and

28  certificate-level workforce development programs. Fees for

29  continuing workforce education shall be locally determined by

30  the district school board or community college board. However,

31  at least 50 percent of the expenditures for the continuing

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    Florida Senate - 2007                            CS for SB 8-C
    605-469-08




 1  workforce education program provided by the community college

 2  or school district must be derived from fees. Except as

 3  otherwise provided by law, fees for students who are not

 4  residents for tuition purposes must offset the full cost of

 5  instruction.

 6         (10)(11)  Each school district and community college

 7  may assess a service charge for the payment of tuition and

 8  fees in installments. Such service charge must be approved by

 9  the district school board or community college board of

10  trustees.

11         (11)(12)  Any school district or community college that

12  reports students who have not paid fees in an approved manner

13  in calculations of full-time equivalent enrollments for state

14  funding purposes shall be penalized at a rate equal to 2 times

15  the value of such enrollments. Such penalty shall be charged

16  against the following year's allocation from workforce

17  education funds or the Community College Program Fund and

18  shall revert to the General Revenue Fund. The State Board of

19  Education shall specify, in rule, approved methods of student

20  fee payment. Such methods must include, but need not be

21  limited to, student fee payment; payment through federal,

22  state, or institutional financial aid; and employer fee

23  payments.

24         (12)(13)  Each school district and community college

25  shall report only those students who have actually enrolled in

26  instruction provided or supervised by instructional personnel

27  under contract with the district or community college in

28  calculations of actual full-time enrollments for state funding

29  purposes. A student who has been exempted from taking a course

30  or who has been granted academic or technical credit through

31  means other than actual coursework completed at the granting

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    Florida Senate - 2007                            CS for SB 8-C
    605-469-08




 1  institution may not be calculated for enrollment in the course

 2  from which the student has been exempted or for which the

 3  student has been granted credit. School districts and

 4  community colleges that report enrollments in violation of

 5  this subsection shall be penalized at a rate equal to 2 times

 6  the value of such enrollments. Such penalty shall be charged

 7  against the following year's allocation from workforce

 8  education funds and shall revert to the General Revenue Fund.

 9         Section 2.  The nonrecurring sum of $629,614 from the

10  General Revenue Fund is appropriated to the Department of

11  Education for the 2007-2008 fiscal year for Aid to Local

12  Governments, Grants and Aids, Workforce Development. These

13  funds are provided to fund one-half of the estimated annual

14  revenue generated from a 5-percent increase in tuition for

15  fee-paying students in school districts for the 2007-2008

16  fiscal year. The department shall allocate the funds among the

17  districts in the same proportion as each district's resident

18  student tuition revenue is of the total for all districts.

19         Section 3.  Subsections (3) and (4) of section 1009.23,

20  Florida Statutes, are amended to read:

21         1009.23  Community college student fees.--

22         (3)(a)  Effective January 1, 2008, the sum of the

23  standard tuition and technology fee per credit hour for the

24  following programs: advanced and professional; postsecondary

25  vocational; college preparatory; and educator preparatory

26  shall be $51.35 for residents.

27         (b)  Effective January 1, 2008, the sum of the standard

28  tuition, out-of-state fee, and technology fee per credit hour

29  for the following programs: advanced and professional;

30  postsecondary vocational; college preparatory; and educator

31  preparatory shall be $154.14 for nonresidents.

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    Florida Senate - 2007                            CS for SB 8-C
    605-469-08




 1         (c)  Effective January 1, 2008, the sum of the standard

 2  tuition and technology fee per credit hour for baccalaureate

 3  programs shall be $65.47 for residents and the tuition and

 4  out-of-state fees for nonresidents shall be no more than 85

 5  percent of the tuition and out-of-state fees at the public

 6  university nearest the community college. The State Board of

 7  Education shall adopt by December 31 of each year a resident

 8  fee schedule for the following fall for advanced and

 9  professional, associate in science degree, and

10  college-preparatory programs that produce revenues in the

11  amount of 25 percent of the full prior year's cost of these

12  programs. Fees for courses in college-preparatory programs and

13  associate in arts and associate in science degree programs may

14  be established at the same level. In the absence of a

15  provision to the contrary in an appropriations act, the fee

16  schedule shall take effect and the colleges shall expend the

17  funds on instruction.  If the Legislature provides for an

18  alternative fee schedule in an appropriations act, the fee

19  schedule shall take effect the subsequent fall semester.

20         (4)  Each community college board of trustees shall

21  establish tuition and out-of-state fees, which may vary no

22  more than 10 percent below and 15 percent above the combined

23  total of the standard tuition fee schedule in subsection (3)

24  adopted by the State Board of Education and the technology fee

25  adopted by a board of trustees, provided that any amount from

26  10 to 15 percent above the tuition fee schedule is used only

27  to support safety and security purposes. In order to assess an

28  additional amount for safety and security purposes, a

29  community college board of trustees must provide written

30  justification to the State Board of Education based on

31  criteria approved by the board of trustees, including, but not

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    Florida Senate - 2007                            CS for SB 8-C
    605-469-08




 1  limited to, criteria such as local crime data and information,

 2  and strategies for the implementation of local safety plans.

 3  Should a college decide to increase the tuition fee, the funds

 4  raised by increasing the tuition fee must be expended solely

 5  for additional safety and security purposes and shall not

 6  supplant funding expended in the 1998-1999 budget for safety

 7  and security purposes.

 8         Section 4.  The nonrecurring sum of $11,446,858 from

 9  the 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, Community Colleges Program Fund.

12  These funds are provided to fund one-half of the estimated

13  annual revenue generated from a 5-percent increase in tuition

14  for students in community colleges for the 2007-2008 fiscal

15  year. The department shall allocate the funds among the

16  community colleges in the same proportion as each college's

17  resident student tuition revenue is of the total for all

18  colleges.

19         Section 5.  Subsection (4) of section 1009.24, Florida

20  Statutes, is amended, and paragraph (s) is added to subsection

21  (13) of that section, to read:

22         1009.24  State university student fees.--

23         (4)  Effective January 1, 2008, the resident

24  undergraduate tuition per credit hour for lower-level and

25  upper-level coursework shall be $77.39. Except as otherwise

26  provided by law, undergraduate tuition shall be established

27  annually in the General Appropriations Act. The Board of

28  Governors, or the board's designee, may establish tuition for

29  graduate and professional programs, and out-of-state fees for

30  all programs. The sum of tuition and out-of-state fees

31  assessed to nonresident students must be sufficient to offset

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    Florida Senate - 2007                            CS for SB 8-C
    605-469-08




 1  the full instructional cost of serving such students. However,

 2  adjustments to out-of-state fees or tuition for graduate and

 3  professional programs pursuant to this section may not exceed

 4  10 percent in any year. The sum of the activity and service,

 5  health, and athletic fees a student is required to pay to

 6  register for a course shall not exceed 40 percent of the

 7  tuition established in law or in the General Appropriations

 8  Act. No university shall be required to lower any fee in

 9  effect on the effective date of this act in order to comply

10  with this subsection. Within the 40 percent cap, universities

11  may not increase the aggregate sum of activity and service,

12  health, and athletic fees more than 5 percent per year unless

13  specifically authorized in law or in the General

14  Appropriations Act. A university may increase its athletic fee

15  to defray the costs associated with changing National

16  Collegiate Athletic Association divisions. Any such increase

17  in the athletic fee may exceed both the 40 percent cap and the

18  5 percent cap imposed by this subsection. Any such increase

19  must be approved by the athletic fee committee in the process

20  outlined in subsection (12) (11) and cannot exceed $2 per

21  credit hour. Notwithstanding the provisions of ss. 1009.534,

22  1009.535, and 1009.536, that portion of any increase in an

23  athletic fee pursuant to this subsection that causes the sum

24  of the activity and service, health, and athletic fees to

25  exceed the 40 percent cap or the annual increase in such fees

26  to exceed the 5 percent cap shall not be included in

27  calculating the amount a student receives for a Florida

28  Academic Scholars award, a Florida Medallion Scholars award,

29  or a Florida Gold Seal Vocational Scholars award. This

30  subsection does not prohibit a university from increasing or

31  assessing optional fees related to specific activities if

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    Florida Senate - 2007                            CS for SB 8-C
    605-469-08




 1  payment of such fees is not required as a part of registration

 2  for courses.

 3         (13)  Each university board of trustees is authorized

 4  to establish the following fees:

 5         (s)  A technology fee of up to 5 percent of the tuition

 6  per credit hour, beginning with the fall term of the 2009-2010

 7  academic year. The revenue from this fee shall be used to

 8  enhance instructional technology resources for students and

 9  faculty. The technology fee shall not be included in any award

10  under the Florida Bright Futures Scholarship Program.

11         Section 6.  The nonrecurring sum of $9,547,941 from the

12  General Revenue Fund is appropriated to the Division of

13  Universities for the 2007-2008 fiscal year for Aid to Local

14  Governments, Grants and Aids, Education and General

15  Activities. These funds are provided to fund one-half of the

16  estimated annual revenue generated from a 5-percent increase

17  in tuition for resident students in undergraduate enrollment

18  in state universities for the 2007-2008 fiscal year. The Board

19  of Governors shall allocate the funds among the universities

20  in the same proportion as each university's lower-level and

21  upper-level resident student tuition revenue is of the total

22  for all universities.

23         Section 7.  This act shall take effect upon becoming a

24  law.

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