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A bill to be entitled

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An act relating to postsecondary education; amending s.

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1009.22, F.S.; revising provisions relating to workforce

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education postsecondary student fees; specifying the out-

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of-state fee per contact hour; authorizing district school

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boards and community college boards of trustees to adopt

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an out-of-state fee within a specified range; prohibiting

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the fee from exceeding a certain percentage of the tuition

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

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requiring that such fees be used to enhance instructional

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technology resources; prohibiting the fee from being

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included in any award under the Florida Bright Futures

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Scholarship Program; amending s. 1009.23, F.S.; providing

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an exemption relating to establishment of the community

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college activity and service student fee; authorizing an

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increase in the amount of fees collected for financial aid

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purposes; increasing the amount of financial aid fees that

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may be used to assist students who meet specified

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criteria; conforming provisions relating to community

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college student fees to changes made by the act; amending

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s. 1011.52, F.S.; requiring the first accredited medical

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school to enter into an annual operating agreement with a

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government-owned hospital meeting specified criteria;

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providing for maintenance of the affiliation; requiring

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submission of documentation of the agreement to the

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Department of Education prior to payment from an annual

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appropriation; providing effective dates.

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

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     Section 1.  Paragraphs (c), (d), and (e) of subsection (3)

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of section 1009.22, Florida Statutes, as amended by chapter 2007-

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329, Laws of Florida, are amended to read:

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     1009.22  Workforce education postsecondary student fees.--

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     (3)

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

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shall be $1.67 per contact hour for programs leading to a career

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certificate or an applied technology diploma and 83 cents for

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adult general education programs. The out-of-state fee per

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contact hour shall be three times the standard tuition per

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contact hour.

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

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thereafter, the standard resident tuition and the out-of-state

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fee per contact hour shall increase at the beginning of each fall

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semester at a rate equal to inflation, unless otherwise provided

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in the General Appropriations Act. The Office of Economic and

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Demographic Research shall report the rate of inflation to the

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President of the Senate, the Speaker of the House of

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Representatives, the Governor, and the State Board of Education

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

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

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percentage change in the Consumer Price Index for All Urban

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

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reported by the United States Department of Labor, Bureau of

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Labor Statistics, or its successor for December of the previous

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

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standard resident tuition and out-of-state fee shall remain at

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the same level as the prior fiscal year.

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     (e)  Each district school board and each community college

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board of trustees may adopt resident tuition and out-of-state

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fees that may vary no more than is within the range of 5 percent

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below and to 5 percent above the combined total of the standard

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tuition and out-of-state fees established in paragraph (c).

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     Section 2.  Effective July 1, 2009, and applicable beginning

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with the fall term of the 2009-2010 academic year, subsection (7)

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of section 1009.22, Florida Statutes, as amended by chapter 2007-

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329, Laws of Florida, is amended to read:

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     1009.22  Workforce education postsecondary student fees.--

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     (7)  Each district school board and community college board

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of trustees is authorized to establish a separate fee for

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technology, not to exceed 5 percent of tuition $1.80 per credit

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hour or credit-hour equivalent for resident students and not to

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exceed 5 percent of tuition and the out-of-state fee not more

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than $5.40 per credit hour or credit-hour equivalent for

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nonresident students, or the equivalent, to be expended in

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accordance with technology improvement plans. Revenues generated

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from the technology fee shall be used to enhance instructional

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technology resources for students and faculty and shall not be

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included in any award under the Florida Bright Futures

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Scholarship Program. The technology fee may apply only to

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associate degree programs and courses. Fifty percent of

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technology fee revenues may be pledged by a community college

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board of trustees as a dedicated revenue source for the repayment

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of debt, including lease-purchase agreements, not to exceed the

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useful life of the asset being financed. Revenues generated from

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the technology fee may not be bonded.

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     Section 3.  Paragraph (a) of subsection (3), subsection (7),

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and paragraphs (a) and (c) of subsection (8) of section 1009.23,

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Florida Statutes, as amended by chapter 2007-329, Laws of

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Florida, are amended to read:

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     1009.23  Community college student fees.--

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

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professional, postsecondary vocational, college preparatory, and

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educator preparation institute programs, the following tuition

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and fee rates shall apply:

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

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shall be $51.35 per credit hour for students who are residents

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for tuition purposes.

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

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shall be $51.35 per credit hour, and the out-of-state fee shall

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be $154.14 per credit hour for students who are nonresidents for

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tuition purposes.

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(7)  Each community college board of trustees may establish

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a separate activity and service fee not to exceed 10 percent of

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the tuition fee, according to rules of the State Board of

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Education. The student activity and service fee shall be

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collected as a component part of the tuition and fees. The

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student activity and service fees shall be paid into a student

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activity and service fund at the community college and shall be

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expended for lawful purposes to benefit the student body in

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general. These purposes include, but are not limited to, student

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publications and grants to duly recognized student organizations,

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the membership of which is open to all students at the community

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college without regard to race, sex, or religion. No community

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college shall be required to lower any activity and service fee

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approved by the board of trustees of the community college and in

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effect prior to October 26, 2007, in order to comply with the

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provisions of this subsection.

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     (8)(a)  Each community college board of trustees is

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authorized to establish a separate fee for financial aid purposes

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in an additional amount up to, but not to exceed, 5 percent of

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the total student tuition or out-of-state fees collected. Each

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community college board of trustees may collect up to an

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additional 2 percent if the amount generated by the total

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financial aid fee is less than $500,000 $250,000. If the amount

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generated is less than $500,000 $250,000, a community college

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that charges tuition and out-of-state fees at least equal to the

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average fees established by rule may transfer from the general

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current fund to the scholarship fund an amount equal to the

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difference between $500,000 $250,000 and the amount generated by

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the total financial aid fee assessment. No other transfer from

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

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fund, by whatever name known, is authorized.

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     (c) Up to 25 percent or $600,000 $300,000, whichever is

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greater, of the financial aid fees collected may be used to

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assist students who demonstrate academic merit; who participate

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in athletics, public service, cultural arts, and other

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extracurricular programs as determined by the institution; or who

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are identified as members of a targeted gender or ethnic minority

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population. The financial aid fee revenues allocated for athletic

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scholarships and fee exemptions provided pursuant to s.

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1009.25(3) for athletes shall be distributed equitably as

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required by s. 1000.05(3)(d). A minimum of 75 percent of the

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balance of these funds for new awards shall be used to provide

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financial aid based on absolute need, and the remainder of the

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funds shall be used for academic merit purposes and other

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purposes approved by the boards of trustees. Such other purposes

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shall include the payment of child care fees for students with

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financial need. The State Board of Education shall develop

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criteria for making financial aid awards. Each college shall

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report annually to the Department of Education on the revenue

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collected pursuant to this paragraph, the amount carried forward,

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the criteria used to make awards, the amount and number of awards

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for each criterion, and a delineation of the distribution of such

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awards. The report shall include an assessment by category of the

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financial need of every student who receives an award, regardless

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of the purpose for which the award is received. Awards which are

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based on financial need shall be distributed in accordance with a

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nationally recognized system of need analysis approved by the

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State Board of Education. An award for academic merit shall

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require a minimum overall grade point average of 3.0 on a 4.0

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scale or the equivalent for both initial receipt of the award and

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renewal of the award.

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     Section 4.  Effective July 1, 2009, and applicable beginning

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with the fall term of the 2009-2010 academic year, subsections

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(3) and (10) of section 1009.23, Florida Statutes, as amended by

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chapter 2007-329, Laws of Florida, and as amended by this act,

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are amended to read:

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     1009.23  Community college student fees.--

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

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professional, postsecondary vocational, college preparatory, and

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educator preparation institute programs, the following tuition

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and fee rates shall apply:

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

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shall be $51.35 per credit hour for students who are residents

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for tuition purposes.

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     2. The sum of the standard tuition and the technology fee

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shall be $51.35 per credit hour and the out-of-state fee shall be

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$154.14 per credit hour for students who are nonresidents for

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tuition purposes.

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

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programs, the following tuition and fee rates shall apply:

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

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$65.47 per credit hour for students who are residents for tuition

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purposes.

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     2. The sum of the tuition, the technology fee, and the out-

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of-state fee per credit hour for students who are nonresidents

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for tuition purposes shall be no more than 85 percent of the sum

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of the tuition and the out-of-state fee at the state university

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nearest the community college.

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

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thereafter, the tuition and the out-of-state fee fees specified

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in paragraphs (a) and (b) shall increase at the beginning of each

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fall semester at a rate equal to inflation, unless otherwise

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provided in the General Appropriations Act. The Office of

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Economic and Demographic Research shall report the rate of

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

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

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

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

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the 12-month percentage change in the Consumer Price Index for

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All Urban Consumers, U.S. City Average, All Items, or successor

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reports as reported by the United States Department of Labor,

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

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

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the sum of the tuition and the technology fee per credit hour and

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the out-of-state fee per credit hour shall remain at the same

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levels as the prior fiscal year.

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     (10)  Each community college board of trustees is authorized

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to establish a separate fee for technology, which may not exceed

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5 percent of tuition $1.80 per credit hour or credit-hour

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equivalent for resident students and may not exceed 5 percent of

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tuition and the out-of-state fee not more than $5.40 per credit

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hour or credit-hour equivalent for nonresident students, to be

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expended according to technology improvement plans. Revenues

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generated from the technology fee shall be used to enhance

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instructional technology resources for students and faculty. The

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technology fee may apply to both college credit and college-

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preparatory instruction and shall not be included in any award

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under the Florida Bright Futures Scholarship Program. Fifty

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percent of technology fee revenues may be pledged by a community

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college board of trustees as a dedicated revenue source for the

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repayment of debt, including lease-purchase agreements, not to

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exceed the useful life of the asset being financed. Revenues

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generated from the technology fee may not be bonded.

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     Section 5.  Subsection (2) of section 1011.52, Florida

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Statutes, is amended to read:

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     1011.52  Appropriation to first accredited medical school.--

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     (2)  In order for a medical school to qualify under the

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provisions of this section and to be entitled to the benefits

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herein, such medical school:

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     (a)  Must be primarily operated and established to offer,

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afford, and render a medical education to residents of the state

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qualifying for admission to such institution;

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     (b)  Must be operated by a municipality or county of this

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state, or by a nonprofit organization heretofore or hereafter

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established exclusively for educational purposes;

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     (c)  Must, upon the formation and establishment of an

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accredited medical school, transmit and file with the Department

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of Education documentary proof evidencing the facts that such

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institution has been certified and approved by the council on

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medical education and hospitals of the American Medical

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Association and has adequately met the requirements of that

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council in regard to its administrative facilities,

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administrative plant, clinical facilities, curriculum, and all

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other such requirements as may be necessary to qualify with the

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council as a recognized, approved, and accredited medical school;

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     (d)  Must certify to the Department of Education the name,

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address, and educational history of each student approved and

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accepted for enrollment in such institution for the ensuing

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school year; and.

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     (e) Must enter into an annual operating agreement each

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fiscal year with a government-owned hospital that is located in

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the same county as the medical school and that is a statutory

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teaching hospital as defined in s. 408.07(45). The annual

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operating agreement shall provide for the medical school to

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maintain the same level of affiliation with the hospital,

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including the level of services to indigent and charity care

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patients served by the hospital, which was in place in the prior

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fiscal year. Documentation of the operating agreement shall be

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submitted to the Department of Education prior to the payment of

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moneys from the annual appropriation.

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     Section 6.  Except as otherwise expressly provided in this

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act, this act shall take effect July 1, 2008.