Senate Bill sb0008Cer

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  1                                 

  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 programs;

10         providing for annual tuition adjustments based

11         on inflation; authorizing district school

12         boards and community college boards to adopt

13         tuition within a specified range; limiting the

14         amount of the increase during the 2007-2008

15         fiscal year; providing an appropriation and

16         requiring the Department of Education to

17         allocate such funds; amending s. 1009.23, F.S.,

18         relating to community college student fees;

19         providing fees for educator preparation

20         institute programs; providing tuition and fees

21         for community college programs for students who

22         are residents or nonresidents for tuition

23         purposes; deleting provisions requiring the

24         State Board of Education to adopt a fee

25         schedule in the absence of a provision in an

26         appropriations act; providing for annual

27         tuition and fee adjustments based on inflation;

28         providing restrictions; providing an

29         appropriation and requiring the Department of

30         Education to allocate such funds; amending s.

31         1009.24, F.S., relating to state university


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 1         student fees; providing an amount for resident

 2         undergraduate tuition; providing for annual

 3         tuition adjustments based on inflation;

 4         providing authority for a technology fee

 5         beginning with the 2009-2010 fall term;

 6         providing for the use of fee revenues;

 7         providing an appropriation and requiring the

 8         Board of Governors to allocate the funds;

 9         requiring certain school districts, community

10         colleges, and state universities to submit

11         plans to the State Board of Education or the

12         Board of Governors specifying the amount and

13         percent of funds generated by the tuition

14         increase which will be used for need-based

15         financial aid for state residents; requiring a

16         summary of such reports be provided to the

17         Governor and the Legislature; requiring each

18         institution to notify students who will receive

19         additional aid; authorizing community colleges

20         to transfer certain funds; providing for future

21         expiration of such provisions; providing an

22         effective date.

23  

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

25  

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

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

28         1009.22  Workforce education postsecondary student

29  fees.--

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

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


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 1  year a schedule of fees for workforce development education,

 2  excluding continuing workforce education, for school districts

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

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

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

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

 7  fees for students who are nonresidents not residents for

 8  tuition purposes must offset the full cost of instruction.

 9  Fee-nonexempt students enrolled in vocational-preparatory

10  instruction shall be charged fees equal to the fees charged

11  for certificate career education instruction. Each community

12  college that conducts college-preparatory and

13  vocational-preparatory instruction in the same class section

14  may charge a single fee for both types of instruction.

15         (b)  Fees for continuing workforce education shall be

16  locally determined by the district school board or community

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

18  expenditures for the continuing workforce education program

19  provided by the community college or school district must be

20  derived from fees.

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

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

23  to a career certificate or an applied technology diploma and

24  83 cents for adult general education programs. The State Board

25  of Education shall adopt a fee schedule for school districts

26  and community colleges that produces the fee revenues

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

28  calculated shall take effect, unless otherwise specified in

29  the General Appropriations Act.

30         (d)  Beginning with the 2008-2009 fiscal year and each

31  year thereafter, the standard resident tuition per contact


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 1  hour shall increase at the beginning of each fall semester at

 2  a rate equal to inflation, unless otherwise provided in the

 3  General Appropriations Act. The Office of Economic and

 4  Demographic Research shall report the rate of inflation to the

 5  President of the Senate, the Speaker of the House of

 6  Representatives, the Governor, and the State Board of

 7  Education each year prior to March 1. For purposes of this

 8  paragraph, the rate of inflation shall be defined as the rate

 9  of the 12-month percentage change in the Consumer Price Index

10  for All Urban Consumers, U.S. City Average, All Items, or

11  successor reports as reported by the United States Department

12  of Labor, Bureau of Labor Statistics, or its successor for

13  December of the previous year. In the event the percentage

14  change is negative, the standard resident tuition shall remain

15  at the same level as the prior fiscal year.

16         (e)  Each district school board and each community

17  college board of trustees may adopt resident tuition that is

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

19  standard tuition.

20         (f)  The maximum increase in resident tuition for any

21  school district or community college during the 2007-2008

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

23  the 2006-2007 fiscal year.

24         (g)(d)  The State Board of Education shall adopt, by

25  rule, the definitions and procedures that district school

26  boards and community college boards of trustees shall use in

27  the calculation of cost borne by students.

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

29  review and evaluate the percentage of the cost of adult

30  programs and certificate career education programs supported

31  through student fees. For students who are residents for


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 1  tuition purposes, the schedule adopted pursuant to subsection

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

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

 4  certificate-level workforce development programs. Fees for

 5  continuing workforce education shall be locally determined by

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

 7  at least 50 percent of the expenditures for the continuing

 8  workforce education program provided by the community college

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

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

11  residents for tuition purposes must offset the full cost of

12  instruction.

13         (10)(11)  Each school district and community college

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

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

16  the district school board or community college board of

17  trustees.

18         (11)(12)  Any school district or community college that

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

20  in calculations of full-time equivalent enrollments for state

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

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

23  against the following year's allocation from workforce

24  education funds or the Community College Program Fund and

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

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

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

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

29  state, or institutional financial aid; and employer fee

30  payments.

31  


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 1         (12)(13)  Each school district and community college

 2  shall report only those students who have actually enrolled in

 3  instruction provided or supervised by instructional personnel

 4  under contract with the district or community college in

 5  calculations of actual full-time enrollments for state funding

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

 7  or who has been granted academic or technical credit through

 8  means other than actual coursework completed at the granting

 9  institution may not be calculated for enrollment in the course

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

11  student has been granted credit. School districts and

12  community colleges that report enrollments in violation of

13  this subsection 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 and shall revert to the General Revenue Fund.

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

18  General Revenue Fund is appropriated to the Department of

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

20  Governments, Grants and Aids, Workforce Development. These

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

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

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

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

25  districts in the same proportion as each district's

26  proportionate share of the total estimated tuition and fee

27  revenue for career certificate or applied technology diploma

28  and adult general education programs for all districts for the

29  2007-2008 fiscal year.

30         Section 3.  Subsections (1), (3), and (4) of section

31  1009.23, Florida Statutes, are amended to read:


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 1         1009.23  Community college student fees.--

 2         (1)  Unless otherwise provided, this section applies

 3  only to fees charged for college credit instruction leading to

 4  an associate in arts degree, an associate in applied science

 5  degree, an associate in science degree, or a baccalaureate

 6  degree authorized by the State Board of Education pursuant to

 7  s. 1007.33 or s. 1004.73, and for noncollege credit

 8  college-preparatory courses defined in s. 1004.02, and for

 9  educator preparation institute programs defined in s. 1004.85.

10         (3)(a)  Effective January 1, 2008, for advanced and

11  professional, postsecondary vocational, college preparatory,

12  and educator preparation institute programs, the following

13  tuition and fee rates shall apply:

14         1.  The sum of the standard tuition and the technology

15  fee shall be $51.35 per credit hour for students who are

16  residents for tuition purposes.

17         2.  The sum of the standard tuition, the technology

18  fee, and the out-of-state fee shall be $154.14 per credit hour

19  for students who are nonresidents for tuition purposes.

20         (b)  Effective January 1, 2008, for baccalaureate

21  degree programs, the following tuition and fee rates shall

22  apply:

23         1.  The sum of the tuition and the technology fee shall

24  be $65.47 per credit hour for students who are residents for

25  tuition purposes.

26         2.  The sum of the tuition, the technology fee, and the

27  out-of-state fee per credit hour for students who are

28  nonresidents for tuition purposes shall be no more than 85

29  percent of the sum of the tuition and the out-of-state fee at

30  the state university nearest the community college.

31  


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 1         (c)  Beginning with the 2008-2009 fiscal year and each

 2  year thereafter, the tuition and fees specified in paragraphs

 3  (a) and (b) shall increase at the beginning of each fall

 4  semester at a rate equal to inflation, unless otherwise

 5  provided in the General Appropriations Act. The Office of

 6  Economic and Demographic Research shall report the rate of

 7  inflation to the President of the Senate, the Speaker of the

 8  House of Representatives, the Governor, and the State Board of

 9  Education each year prior to March 1. For purposes of this

10  paragraph, the rate of inflation shall be defined as the rate

11  of the 12-month percentage change in the Consumer Price Index

12  for All Urban Consumers, U.S. City Average, All Items, or

13  successor reports as reported by the United States Department

14  of Labor, Bureau of Labor Statistics, or its successor for

15  December of the previous year. In the event the percentage

16  change is negative, the sum of the tuition and the technology

17  fee per credit hour and the out-of-state fee per credit hour

18  shall remain at the same levels as the prior fiscal year. The

19  State Board of Education shall adopt by December 31 of each

20  year a resident fee schedule for the following fall for

21  advanced and professional, associate in science degree, and

22  college-preparatory programs that produce revenues in the

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

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

25  associate in arts and associate in science degree programs may

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

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

28  schedule shall take effect and the colleges shall expend the

29  funds on instruction. If the Legislature provides for an

30  alternative fee schedule in an appropriations act, the fee

31  schedule shall take effect the subsequent fall semester.


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 1         (4)  Each community college board of trustees shall

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

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

 4  total of the standard tuition and fees established in

 5  subsection (3) fee schedule adopted by the State Board of

 6  Education and the technology fee adopted by a board of

 7  trustees, provided that any amount from 10 to 15 percent above

 8  the standard tuition and fees established in subsection (3)

 9  shall be fee schedule is used only to support safety and

10  security purposes. In order to assess an additional amount for

11  safety and security purposes, a community college board of

12  trustees must provide written justification to the State Board

13  of Education based on criteria approved by the board of

14  trustees, including, but not limited to, criteria such as

15  local crime data and information, and strategies for the

16  implementation of local safety plans. Should a college decide

17  to increase the tuition and fees fee, the funds raised by

18  increasing the tuition and fees fee must be expended solely

19  for additional safety and security purposes and shall not

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

21  and security purposes.

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

23  the General Revenue Fund is appropriated to the Department of

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

25  Governments, Grants and Aids, Community Colleges Program Fund.

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

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

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

29  year. The department shall allocate the funds among the

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

31  proportionate share of the total estimated tuition and fee


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 1  revenue for all community colleges for the 2007-2008 fiscal

 2  year.

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

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

 5  (13) of that section, to read:

 6         1009.24  State university student fees.--

 7         (4)(a)  Effective January 1, 2008, the resident

 8  undergraduate tuition for lower-level and upper-level

 9  coursework shall be $77.39 per credit hour.

10         (b)  Beginning with the 2008-2009 fiscal year and each

11  year thereafter, the resident undergraduate tuition per credit

12  hour shall increase at the beginning of each fall semester at

13  a rate equal to inflation, unless otherwise provided in the

14  General Appropriations Act. The Office of Economic and

15  Demographic Research shall report the rate of inflation to the

16  President of the Senate, the Speaker of the House of

17  Representatives, the Governor, and the Board of Governors each

18  year prior to March 1. For purposes of this paragraph, the

19  rate of inflation shall be defined as the rate of the 12-month

20  percentage change in the Consumer Price Index for All Urban

21  Consumers, U.S. City Average, All Items, or successor reports

22  as reported by the United States Department of Labor, Bureau

23  of Labor Statistics, or its successor for December of the

24  previous year. In the event the percentage change is negative,

25  the resident undergraduate tuition shall remain at the same

26  level as the prior fiscal year. Except as otherwise provided

27  by law, undergraduate tuition shall be established annually in

28  the General Appropriations Act.

29         (c)  The Board of Governors, or the board's designee,

30  may establish tuition for graduate and professional programs,

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


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 1  out-of-state fees assessed to nonresident students must be

 2  sufficient to offset the full instructional cost of serving

 3  such students. However, adjustments to out-of-state fees or

 4  tuition for graduate and professional programs pursuant to

 5  this section may not exceed 10 percent in any year.

 6         (d)  The sum of the activity and service, health, and

 7  athletic fees a student is required to pay to register for a

 8  course shall not exceed 40 percent of the tuition established

 9  in law or in the General Appropriations Act. No university

10  shall be required to lower any fee in effect on the effective

11  date of this act in order to comply with this subsection.

12  Within the 40 percent cap, universities may not increase the

13  aggregate sum of activity and service, health, and athletic

14  fees more than 5 percent per year unless specifically

15  authorized in law or in the General Appropriations Act. A

16  university may increase its athletic fee to defray the costs

17  associated with changing National Collegiate Athletic

18  Association divisions. Any such increase in the athletic fee

19  may exceed both the 40 percent cap and the 5 percent cap

20  imposed by this subsection. Any such increase must be approved

21  by the athletic fee committee in the process outlined in

22  subsection (12) (11) and cannot exceed $2 per credit hour.

23  Notwithstanding the provisions of ss. 1009.534, 1009.535, and

24  1009.536, that portion of any increase in an athletic fee

25  pursuant to this subsection that causes the sum of the

26  activity and service, health, and athletic fees to exceed the

27  40 percent cap or the annual increase in such fees to exceed

28  the 5 percent cap shall not be included in calculating the

29  amount a student receives for a Florida Academic Scholars

30  award, a Florida Medallion Scholars award, or a Florida Gold

31  Seal Vocational Scholars award.


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 1         (e)  This subsection does not prohibit a university

 2  from increasing or assessing optional fees related to specific

 3  activities if payment of such fees is not required as a part

 4  of registration for courses.

 5         (13)  Each university board of trustees is authorized

 6  to establish the following fees:

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

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

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

10  enhance instructional technology resources for students and

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

12  under the Florida Bright Futures Scholarship Program.

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

14  General Revenue Fund is appropriated to the Division of

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

16  Governments, Grants and Aids, Education and General

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

18  estimated annual revenue generated from a 5-percent increase

19  in tuition for resident students in undergraduate enrollment

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

21  of Governors shall allocate the funds among the universities

22  in the same proportion as each university's proportionate

23  share of the total estimated resident undergraduate tuition

24  revenue for all state universities for the 2007-2008 fiscal

25  year.

26         Section 7.  By November 21, 2007, each school district

27  that provides postsecondary workforce education, each

28  community college, and each state university shall submit a

29  plan to the State Board of Education or the Board of

30  Governors, as appropriate, specifying the amount and percent

31  of the funds generated by the 5-percent tuition increase in


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 1  the Spring 2008 term which will be used for need-based

 2  financial aid for Florida residents. By November 30, 2007, the

 3  State Board of Education and the Board of Governors shall

 4  provide a summary report of the plans to the Executive Office

 5  of the Governor, the Chair of the Senate Fiscal Policy and

 6  Calendar Committee, and the Chair of the House Policy and

 7  Budget Council. By December 7, 2007, each institution shall

 8  notify the students who will receive additional need-based aid

 9  in their Spring 2008 term financial aid packages. For the

10  purpose of implementing this section and notwithstanding s.

11  1009.23 (8)(a), Florida Statutes, each community college is

12  authorized to transfer the amount allocated for need-based

13  financial aid, as specified in the required plan, from the

14  general current fund to the loan, endowment, or scholarship

15  fund. This section expires July 1, 2008.

16         Section 8.  This act shall take effect upon becoming a

17  law.

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