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A bill to be entitled

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An act relating to postsecondary distance learning;

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establishing the Florida Distance Learning Task Force;

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providing for membership; requiring the task force to

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submit a report containing certain recommendations to the

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Governor, the Legislature, and certain entities by a

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specified date; providing for future expiration; creating

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s. 1004.09, F.S.; establishing the Florida Higher

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Education Distance Learning Catalog; requiring that the

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Florida Distance Learning Consortium establish guidelines

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and procedures and provide information on certain

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requirements and information relating to distance learning

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courses and degree programs; requiring that the catalog

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include an Internet-based analytic tool that collects and

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analyzes certain data; amending s. 1009.23, F.S.;

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exempting a distance learning course from laboratory fees;

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authorizing the State Board of Education to adopt rules;

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authorizing a community college to assess a student

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enrolled in a course listed in the catalog a per-credit-

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hour user fee; requiring that such fee not exceed a

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certain amount; prohibiting the assessment of other fees

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if the distance learning course user fee is assessed;

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requiring that the board of trustees report to the

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Division of Community Colleges the total amount of revenue

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generated by such fee for the preceding year and how such

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fee was expended; requiring that the link for the catalog

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be prominently displayed on the institution's website;

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amending s. 1009.24, F.S.; authorizing a state university

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to assess a per-credit-hour distance learning course fee;

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requiring that such fee not exceed a certain amount;

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prohibiting the state university from assessing

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duplicative fees to cover the same additional costs;

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requiring that the link to the catalog be prominently

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displayed on the institution's website; providing an

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effective date.

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

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     Section 1. Florida Distance Learning Task Force.--

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     (1) The Florida Distance Learning Task Force is established

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to make recommendations to facilitate access to undergraduate

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distance learning resources that enable public postsecondary

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educational institutions to fulfill their missions while

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contributing to and sharing in the distance learning resources of

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the Florida Distance Learning Consortium.

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     (2)(a) Members of the task force shall be appointed by the

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chancellors of the Division of Community Colleges and the Board

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of Governors and shall be comprised of nine members.

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     (b) The membership of the task force shall consist of:

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     1. Four members from the State University System, with one

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member being a state university president, one member having

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experience in academic affairs or student affairs, one member

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having experience in finance or business services, and one member

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being from the Chancellor's Office of the Board of Governors and

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having experience in distance learning education.

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     2. Four members from the Community College System, with one

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member being a community college president, one member having

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experience in academic affairs or student affairs, one member

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having experience in finance or business services, and one member

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being from the Chancellor's Office of the Division of Community

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Colleges and having experience in distance learning education.

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     3. One member who is the executive director of the Florida

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Distance Learning Consortium.

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     (3) The task force shall submit to the Governor, the

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President of the Senate, the Speaker of the House of

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Representatives, the State Board of Education, the Board of

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Governors, and the university and community college boards of

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trustees, no later than March 1, 2009, a detailed report that

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includes, but is not limited to, recommendations regarding:

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     (a) The management and promotion of the Florida Higher

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Education Distance Learning Catalog pursuant to s. 1004.09,

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Florida Statutes, to help increase student access to

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undergraduate distance learning courses and degree programs and,

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in particular, students seeking accelerated access in order to

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complete their degrees.

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     (b) The creation of a central content repository for

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instructional resources which can be used by faculty in

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developing, evaluating, and enhancing distance learning courses

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and degree programs.

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     (c) The potential use of distance learning as a means to

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address critical educational needs of the state.

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     (d) The evaluation and promotion of new and proven

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instructional methods, emerging technologies, and quality

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distance learning courses and degree programs.

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     (e) The coordination and support of educational programs

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and other training opportunities for faculty and professional

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staff in developing, evaluating, and enhancing distance learning

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courses and degree programs.

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     (f) A process for negotiating statewide licensing and

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pricing agreements for distance learning resources and entering

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into agreements with distance learning resource providers when

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such negotiations and agreements result in cost savings for the

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participating institutions.

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     (g) Opportunities for building partnerships among

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educational institutions, businesses, and communities.

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     (h) Methods that will improve student access to and

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completion of distance learning courses and degree programs.

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     (i) Policies that address ways to increase access and cost-

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effectiveness in the development and delivery of undergraduate

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distance learning courses and degree programs. Such recommended

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policies must address the cost variations that exist within the

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delivery system and identify the best practices that minimize

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costs of the development and delivery of distance learning

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courses while enhancing the effectiveness of instruction.

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     (j) An accountability mechanism to assess the effectiveness

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of the services provided by the Florida Distance Learning

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Consortium.

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     (k) The future role of the Florida Distance Learning

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Consortium as a facilitator of the state's public undergraduate

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postsecondary distance learning.

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     (l) A process for reporting on the data collected by the

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Florida Higher Education Distance Learning Catalog.

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     (m) The definition of a distance learning course.

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     (n) A plan for developing and implementing an online system

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that streamlines and automates the registration process for

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students who have been admitted to a public postsecondary

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educational institution and who wish to enroll in a course listed

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in the Florida Higher Education Distance Learning Catalog. The

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task force shall identify and address the applicable

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administrative, programmatic, and technical issues and protocols

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necessary to ensure the implementation of such a system as an

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alternative to the standard registration process of each

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institution which complies with the academic policies and

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procedures of the institutions offering the course. At a minimum,

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the system must:

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     1. Allow a qualified student to register for any

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undergraduate course listed in the catalog, including courses

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offered by an institution that is not the student's degree-

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granting or home institution.

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     2. Allow for the expedited transfer of the distance

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learning course credit awarded by the institution offering the

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distance learning course to the student's degree-granting or home

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institution upon the student's successful completion of the

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distance learning course.

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     3. Be accessible from the catalog.

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     4. Comply with applicable technology security standards and

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guidelines established by the Agency for Enterprise Information

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Technology to ensure the secure transmission of student

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information.

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     (4) This section expires July 1, 2009.

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     Section 2. Section 1004.09, Florida Statutes, is created to

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read:

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     1004.09 Florida Higher Education Distance Learning

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Catalog.--

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     (1) The Florida Higher Education Distance Learning Catalog

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is established as an interactive, Internet-based central point of

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access to distance learning courses, degree programs, and

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resources offered by public postsecondary educational

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institutions and is intended to assist in the coordination and

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collaboration of articulation and access pursuant to part II of

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chapter 1007.

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     (2) The Florida Distance Learning Consortium must establish

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operational guidelines and procedures for the catalog, which must

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include:

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     (a) Requiring participating institutions to provide clear,

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complete, and timely information concerning requirements for the

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distance learning course and degree program, the type of required

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technology and technical equipment, any prerequisite courses or

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technology competencies and skills, the availability of academic

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support services, financial aid resources, and the costs, fees,

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and payment information and policies.

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     (b) Requiring that distance learning courses and degree

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programs meet applicable and appropriate accreditation standards

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and criteria.

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     (c) Requiring that, at a minimum, the catalog is reviewed

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at the start of each academic semester to ensure distance

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learning courses and degree programs comply with the operational

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guidelines and procedures established by the Florida Distance

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Learning Consortium.

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     (3) The catalog must include an Internet-based analytic

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tool that allows for the collection and analysis of data,

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including:

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     (a) The number and type of students who use the catalog to

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search for distance learning courses and degree programs.

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     (b) The number and type of requests for information on

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distance learning courses and degree programs that are not listed

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in the catalog.

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     (c) The comparison of distance learning course and degree

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program cost data.

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     (d) An evaluation of course completions, graduation, and

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retention rates of students enrolled in distance learning

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courses.

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     (e) The summary of specific requests by course type or

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course number, delivery method, offering institution, and

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semester.

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     (f) Other types of data as determined by the consortium.

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     Section 3. Subsection (12) of section 1009.23, Florida

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Statutes, is amended, present subsection (16) of that section is

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redesignated as subsection (17), and a new subsection (16) is

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added to that section, to read:

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     1009.23  Community college student fees.--

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     (12)(a) In addition to tuition, out-of-state, financial

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aid, capital improvement, student activity and service, and

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technology fees authorized in this section, each community

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college board of trustees is authorized to establish fee

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schedules for the following user fees and fines: laboratory fees,

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which do not apply to a distance learning course; parking fees

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and fines; library fees and fines; fees and fines relating to

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facilities and equipment use or damage; access or identification

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card fees; duplicating, photocopying, binding, or microfilming

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fees; standardized testing fees; diploma replacement fees;

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transcript fees; application fees; graduation fees; and late fees

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related to registration and payment. Such user fees and fines

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shall not exceed the cost of the services provided and shall only

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be charged to persons receiving the service. A community college

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may not charge any fee except as authorized by law or rules of

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the State Board of Education. Parking fee revenues may be pledged

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by a community college board of trustees as a dedicated revenue

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source for the repayment of debt, including lease-purchase

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agreements and revenue bonds with terms not exceeding 20 years

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and not exceeding the useful life of the asset being financed.

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Community colleges shall use the services of the Division of Bond

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Finance of the State Board of Administration to issue any revenue

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bonds authorized by the provisions of this subsection. Any such

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bonds issued by the Division of Bond Finance shall be in

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compliance with the provisions of the State Bond Act. Bonds

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issued pursuant to the State Bond Act shall be validated in the

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manner established in chapter 75. The complaint for such

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validation shall be filed in the circuit court of the county

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where the seat of state government is situated, the notice

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required to be published by s. 75.06 shall be published only in

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the county where the complaint is filed, and the complaint and

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order of the circuit court shall be served only on the state

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attorney of the circuit in which the action is pending.

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     (b) The State Board of Education may adopt rules pursuant

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to ss. 120.536(1) and 120.54 to administer this subsection.

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     (16)(a) Each community college may assess a student who

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enrolls in a course listed in the Florida Higher Education

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Distance Learning Catalog established pursuant to s. 1004.09 a

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per-credit-hour distance learning course user fee.

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     (b) The amount of the distance learning course user fee may

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not exceed the additional costs of the services provided which

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are attributable to the development and delivery of the distance

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learning course. If a community college assesses the distance

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learning course user fee, the institution may not assess any

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other fees to cover the additional costs. By September 1 of each

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year, each board of trustees shall report to the Division of

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Community Colleges the total amount of revenue generated by the

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distance learning course user fee for the prior academic year and

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how the revenue was expended.

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     (c) The link for the catalog must be prominently displayed

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on the institution's website to inform students of the catalog.

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     Section 4. Present subsection (17) of section 1009.24,

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Florida Statutes, is redesignated as subsection (18), and a new

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subsection (17) is added to that section, to read:

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     1009.24  State university student fees.--

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     (17)(a) A state university may assess a student who enrolls

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in a course listed in the Florida Higher Education Distance

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Learning Catalog established pursuant to s. 1004.09 a per-credit-

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hour distance learning course fee.

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     (b) The amount of the distance learning course fee may not

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exceed the additional costs of the services provided which are

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attributable to the development and delivery of the distance

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learning course. If the distance learning course fee is assessed

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by a state university, the institution may not assess duplicative

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fees to cover the additional costs.

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     (c) The link for the catalog must be prominently displayed

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on the institution's website informing students of the catalog.

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     Section 5.  This act shall take effect July 1, 2008.