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A bill to be entitled

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An act relating to postsecondary student fees; amending s.

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1009.22, F.S., relating to workforce education

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postsecondary student fees; revising provisions to

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restrict applicability to students who are reported for

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funding in school districts; deleting applicability to

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community college student fees and use thereof; deleting

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provisions relating to use of certain fees; amending s.

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1009.23, F.S., relating to community college student fees;

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providing for application to certain students; providing

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standard resident tuition for programs leading to a career

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certificate or applied technology diploma and for adult

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general education programs and conforming provisions

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relating to tuition and fee increases; encouraging

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consideration of student fee policies; providing elements

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of such policies; revising provisions relating to

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establishment and designation of tuition and fees by

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community college boards of trustees; 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; providing requirements for determining fees for

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continuing workforce education; deleting provisions

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authorizing a separate fee for technology and use thereof;

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deleting requirements for State Board of Education

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rulemaking relating to the cost of educational programs

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paid by students; amending s. 1009.25, F.S., relating to

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fee exemptions; revising limitations on student fee

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exemptions that may be granted by community college boards

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of trustees; amending s. 1001.64, F.S.; conforming cross-

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references; providing an effective date.

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

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     Section 1.  Section 1009.22, Florida Statutes, as amended by

36

chapter 2007-329, Laws of Florida, is amended to read:

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     1009.22  Workforce education postsecondary student fees.--

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     (1)  This section applies to students enrolled in workforce

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education programs who are reported for funding in school

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districts, except that college credit fees for the community

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colleges are governed by s. 1009.23.

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     (2)  All students shall be charged fees except students who

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are exempt from fees or students whose fees are waived.

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     (3)(a)  Except as otherwise provided by law, fees for

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students who are nonresidents for tuition purposes must offset

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the full cost of instruction. Fee-nonexempt students enrolled in

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vocational-preparatory instruction shall be charged fees equal to

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the fees charged for certificate career education instruction.

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Each community college that conducts college-preparatory and

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vocational-preparatory instruction in the same class section may

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charge a single fee for both types of instruction.

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     (b)  Fees for continuing workforce education shall be

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locally determined by the district school board or community

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

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for the continuing workforce education program provided by the

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community college or school district must be derived from fees.

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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.

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

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thereafter, the standard resident tuition per contact hour shall

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increase at the beginning of each fall semester at a rate equal

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to inflation, unless otherwise provided in the General

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Appropriations Act. The Office of Economic and Demographic

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Research shall report the rate of inflation to the President of

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the Senate, the Speaker of the House of Representatives, the

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Governor, and the State Board of Education each year prior to

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March 1. For purposes of this paragraph, the rate of inflation

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shall be defined as the rate of the 12-month percentage change in

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the Consumer Price Index for All Urban Consumers, U.S. City

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Average, All Items, or successor reports as reported by the

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United States Department of Labor, Bureau of Labor Statistics, or

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its successor for December of the previous year. In the event the

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percentage change is negative, the standard resident tuition

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shall remain at 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 that is within the

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range of 5 percent below to 5 percent above the standard tuition.

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

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district or community college during the 2007-2008 fiscal year

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shall be 5 percent over the tuition charged during the 2006-2007

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fiscal year.

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     (g)  The State Board of Education shall adopt, by rule, the

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definitions and procedures that district school boards and

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community college boards of trustees shall use in the calculation

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of cost borne by students.

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     (4) A district school board or community college board that

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has a service area that borders another state may implement a

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plan for a differential out-of-state fee.

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     (5) Each district school board and community college board

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of trustees may establish a separate fee for financial aid

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purposes in an additional amount of up to 10 percent of the

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student fees collected for workforce education programs. All fees

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collected shall be deposited into a separate workforce education

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student financial aid fee trust fund of the school district or

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community college to support students enrolled in workforce

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education programs. Any undisbursed balance remaining in the

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trust fund and interest income accruing to investments from the

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trust fund shall increase the total funds available for

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distribution to workforce education students. Awards shall be

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based on student financial need and distributed in accordance

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with a nationally recognized system of need analysis approved by

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the State Board of Education. Fees collected pursuant to this

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subsection shall be allocated in an expeditious manner.

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     (6) Each district school board and community college board

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of trustees may establish a separate fee for capital

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improvements, technology enhancements, or equipping buildings

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which may not exceed 5 percent of tuition for resident students

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or 5 percent of tuition and out-of-state fees for nonresident

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students. Funds collected by community colleges through these

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fees may be bonded only for the purpose of financing or

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refinancing new construction and equipment, renovation, or

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remodeling of educational facilities. The fee shall be collected

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as a component part of the tuition and fees, paid into a separate

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account, and expended only to construct and equip, maintain,

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improve, or enhance the certificate career education or adult

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education facilities of the school district or community college.

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Projects funded through the use of the capital improvement fee

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must meet the survey and construction requirements of chapter

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1013. Pursuant to s. 216.0158, each district school board and

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community college board of trustees shall identify each project,

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including maintenance projects, proposed to be funded in whole or

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in part by such fee. Capital improvement fee revenues may be

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pledged by a board of trustees as a dedicated revenue source to

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the repayment of debt, including lease-purchase agreements and

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revenue bonds, with a term not to exceed 20 years, and not to

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exceed the useful life of the asset being financed, only for the

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new construction and equipment, renovation, or remodeling of

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educational facilities. Community colleges may use the services

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of the Division of Bond Finance of the State Board of

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Administration to issue any bonds authorized through the

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provisions of this subsection. Any such bonds issued by the

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Division of Bond Finance shall be in compliance with the

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provisions of the State Bond Act. Bonds issued pursuant to the

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State Bond Act shall be validated in the manner provided by

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chapter 75. The complaint for such validation shall be filed in

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the circuit court of the county where the seat of state

139

government is situated, the notice required to be published by s.

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75.06 shall be published only in the county where the complaint

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is filed, and the complaint and order of the circuit court shall

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be served only on the state attorney of the circuit in which the

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action is pending. A maximum of 15 cents per credit hour may be

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allocated from the capital improvement fee for child care centers

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conducted by the district school board or community college board

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of trustees.

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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 $1.80 per credit hour or credit-hour

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equivalent for resident students and not more than $5.40 per

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credit hour or credit-hour equivalent for nonresident students,

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or the equivalent, to be expended in accordance with technology

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improvement plans. The technology fee may apply only to associate

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degree programs and courses. Fifty percent of technology fee

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revenues may be pledged by a community college board of trustees

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as a dedicated revenue source for the repayment of debt,

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including lease-purchase agreements, not to exceed the useful

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life of the asset being financed. Revenues generated from the

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technology fee may not be bonded.

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     (8) Each district school board and community college board

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of trustees is authorized to establish specific fees for

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workforce development instruction not reported for state funding

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purposes or for workforce development instruction not reported as

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state funded full-time equivalent students. District school

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boards and community college boards of trustees are not required

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to charge any other fee specified in this section for this type

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of instruction.

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     (9) Community college boards of trustees and District

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school boards are not authorized to charge students enrolled in

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workforce development programs any fee that is not specifically

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authorized by statute. In addition to tuition, out-of-state,

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financial aid, capital improvement, and technology fees, as

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authorized in this section, community college boards of trustees

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and district school boards are authorized to establish fee

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

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parking fees and fines; library fees and fines; fees and fines

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relating to facilities and equipment use or damage; access or

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identification card fees; duplicating, photocopying, binding, or

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microfilming fees; standardized testing fees; diploma replacement

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

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late fees related to registration and payment. Such user fees and

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fines shall not exceed the cost of the services provided and

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shall only be charged to persons receiving the service. Parking

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fee revenues may be pledged by a community college board of

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trustees as a dedicated revenue source for the repayment of debt,

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including lease-purchase agreements and revenue bonds with terms

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not exceeding 20 years and not exceeding the useful life of the

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asset being financed. Community colleges shall use the services

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of the Division of Bond Finance of the State Board of

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Administration to issue any revenue bonds authorized by the

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provisions of this subsection. Any such bonds issued by the

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Division of Bond Finance shall be in compliance with the

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provisions of the State Bond Act. Bonds issued pursuant to the

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State Bond Act shall be validated in the manner established in

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chapter 75. The complaint for such validation shall be filed in

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the circuit court of the county where the seat of state

197

government is situated, the notice required to be published by s.

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75.06 shall be published only in the county where the complaint

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is filed, and the complaint and order of the circuit court shall

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be served only on the state attorney of the circuit in which the

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action is pending.

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     (10) Each school district and community college may assess

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a service charge for the payment of tuition and fees in

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installments. Such service charge must be approved by the

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district school board or community college board of trustees.

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     (11) Any school district or community college that reports

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students who have not paid fees in an approved manner in

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calculations of full-time equivalent enrollments for state

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

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the value of such enrollments. Such penalty shall be charged

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against the following year's allocation from workforce education

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funds or the Community College Program Fund and shall revert to

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the General Revenue Fund. The State Board of Education shall

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specify, in rule, approved methods of student fee payment. Such

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methods must include, but need not be limited to, student fee

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payment; payment through federal, state, or institutional

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financial aid; and employer fee payments.

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     (12) Each school district and community college shall

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report only those students who have actually enrolled in

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instruction provided or supervised by instructional personnel

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under contract with the district or community college in

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calculations of actual full-time enrollments for state funding

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

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who has been granted academic or technical credit through means

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other than actual coursework completed at the granting

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institution may not be calculated for enrollment in the course

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

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has been granted credit. School districts and community colleges

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that report enrollments in violation of this subsection shall be

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penalized at a rate equal to 2 times the value of such

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enrollments. Such penalty shall be charged against the following

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year's allocation from workforce education funds and shall revert

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to the General Revenue Fund.

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     Section 2.  Subsections (1), (3), and (4), paragraphs (a)

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and (c) of subsection (8), and subsections (10), (12), and (16)

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of section 1009.23, Florida Statutes, as amended by chapter 2007-

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329, Laws of Florida, are amended to read:

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     1009.23  Community college student fees.--

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     (1) This section applies to students enrolled in community

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college instructional programs who are reported for state

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funding. Unless otherwise provided, this section applies only to

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fees charged for college credit instruction leading to an

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

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an associate in science degree, or a baccalaureate degree

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authorized pursuant to s. 1007.33 or s. 1004.73, for noncollege

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

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educator preparation institute programs defined in s. 1004.85.

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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, the technology fee, and

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the out-of-state fee shall be $154.14 per credit hour for

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students who are nonresidents for tuition purposes.

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     (b) 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.

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

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year thereafter, the standard tuition and out-of-state fees

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specified in paragraphs (a), and (b), and (c) shall increase at

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the beginning of each fall semester at a rate equal to inflation,

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unless otherwise provided in the General Appropriations Act. The

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Office of Economic and Demographic Research shall report the rate

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

279

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

281

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

282

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,

285

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 standard sum of the tuition and the technology fee per credit

288

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

289

same levels as the prior fiscal year.

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     (e) The adoption of standard tuition and out-of-state fee

291

rates in the General Appropriations Act should consider the

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elements of a student fee policy. A student fee policy shall

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address, at a minimum, the following elements:

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     1. Annual changes in the Consumer Price Index as specified

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in paragraph (d).

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     2. The relationship to median family income.

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     3. The availability of student financial aid.

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     4. The gap between community college and state university

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fees.

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     5. The total funding per full-time equivalent student,

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including state funds and student fees.

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     (4)  Each community college board of trustees shall

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

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than 10 percent below and 15 percent above the combined total of

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the standard tuition and out-of-state fees established in

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subsection (3). A community college board of trustees may

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designate a portion of the tuition and technology fee for safety

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and security purposes., provided that any amount from 10 to 15

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percent above the standard tuition and fees established in

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subsection (3) shall be used only to support safety and security

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purposes. In order to assess an additional amount for safety and

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security purposes, a community college board of trustees must

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provide written justification to the State Board of Education

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based on criteria approved by the board of trustees, including,

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but not limited to, criteria such as local crime data and

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information, and strategies for the implementation of local

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safety plans. Should a college decide to increase the tuition and

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fees, the funds raised by increasing the tuition and fees must be

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expended solely for additional safety and security purposes and

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shall not supplant funding expended in the 1998-1999 budget for

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safety and security purposes.

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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 $1,000,000 $250,000. If the amount

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generated is less than $1,000,000 $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 $1,000,000 $250,000 and the amount generated

334

by the total financial aid fee assessment. No other transfer from

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

336

fund, by whatever name known, is authorized.

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

338

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

341

extracurricular programs as determined by the institution; or who

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are identified as members of a targeted gender or ethnic minority

343

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

346

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

347

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

348

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

350

purposes approved by the boards of trustees. Such other purposes

351

shall include the payment of child care fees for students with

352

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

358

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

360

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

361

based on financial need shall be distributed in accordance with a

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nationally recognized system of need analysis approved by the

363

State Board of Education. An award for academic merit shall

364

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

365

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

366

renewal of the award.

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     (10) Fees for continuing workforce education shall be

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locally determined by each community college board of trustees.

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However, a minimum of the total budgeted direct instructional

370

costs of the expenditures for the continuing workforce education

371

program of a community college must be derived from budgeted fee

372

revenues. Each community college board of trustees is authorized

373

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

374

$1.80 per credit hour or credit-hour equivalent for resident

375

students and not more than $5.40 per credit hour or credit-hour

376

equivalent for nonresident students, to be expended according to

377

technology improvement plans. The technology fee may apply to

378

both college credit and college-preparatory instruction. Fifty

379

percent of technology fee revenues may be pledged by a community

380

college board of trustees as a dedicated revenue source for the

381

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

382

exceed the useful life of the asset being financed. Revenues

383

generated from the technology fee may not be bonded.

384

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

385

capital improvement, and student activity and service, and

386

technology fees authorized in this section, each community

387

college board of trustees is authorized to establish fee

388

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

389

parking fees and fines; library fees and fines; fees and fines

390

relating to facilities and equipment use or damage; access or

391

identification card fees; duplicating, photocopying, binding, or

392

microfilming fees; standardized testing fees; diploma replacement

393

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

394

late fees related to registration and payment. Such user fees and

395

fines shall not exceed the cost of the services provided and

396

shall only be charged to persons receiving the service. A

397

community college may not charge any fee except as authorized by

398

law or rules of the State Board of Education. Parking fee

399

revenues may be pledged by a community college board of trustees

400

as a dedicated revenue source for the repayment of debt,

401

including lease-purchase agreements and revenue bonds with terms

402

not exceeding 20 years and not exceeding the useful life of the

403

asset being financed. Community colleges shall use the services

404

of the Division of Bond Finance of the State Board of

405

Administration to issue any revenue bonds authorized by the

406

provisions of this subsection. Any such bonds issued by the

407

Division of Bond Finance shall be in compliance with the

408

provisions of the State Bond Act. Bonds issued pursuant to the

409

State Bond Act shall be validated in the manner established in

410

chapter 75. The complaint for such validation shall be filed in

411

the circuit court of the county where the seat of state

412

government is situated, the notice required to be published by s.

413

75.06 shall be published only in the county where the complaint

414

is filed, and the complaint and order of the circuit court shall

415

be served only on the state attorney of the circuit in which the

416

action is pending.

417

     (16) The State Board of Education shall adopt a rule

418

specifying the definitions and procedures to be used in the

419

calculation of the percentage of cost paid by students. The rule

420

must provide for the calculation of the full cost of educational

421

programs based on the allocation of all funds provided through

422

the general current fund to programs of instruction, and other

423

activities as provided in the annual expenditure analysis. The

424

rule shall be developed in consultation with the Legislature.

425

     Section 3.  Subsection (3) of section 1009.25, Florida

426

Statutes, is amended to read:

427

     1009.25  Fee exemptions.--

428

     (3) At the discretion of the community college board of

429

trustees, each community college is authorized to grant student

430

fee exemptions from all fees authorized in s. 1009.23 adopted by

431

the State Board of Education and the community college board of

432

trustees for up to 1 percent of the community college's prior

433

year fee-paying full-time equivalent students or 54 40 full-time

434

equivalent students, whichever is greater at each institution. A

435

fee-paying student means a student enrolled in college-

436

preparatory courses, an associate in arts degree program, an

437

associate in science degree program, career preparatory

438

instruction, an educator preparation institute, or a

439

baccalaureate degree program.

440

     Section 4.  Subsections (10) and (38) of section 1001.64,

441

Florida Statutes, are amended to read:

442

     1001.64  Community college boards of trustees; powers and

443

duties.--

444

     (10)  Each board of trustees shall establish fees pursuant

445

to ss. 1009.22, 1009.23, 1009.25, 1009.26, and 1009.27.

446

     (38)  Each board of trustees is authorized to borrow funds

447

and incur debt, including entering into lease-purchase agreements

448

and the issuance of revenue bonds as specifically authorized and

449

only for the purposes authorized in s. ss. 1009.22(6) and (9) and

450

1009.23(11) and (12). At the option of the board of trustees,

451

bonds may be issued which are secured by a combination of

452

revenues authorized to be pledged to bonds pursuant to s. ss.

453

1009.22(6) and 1009.23(11) or (12) ss. 1009.22(9) and

454

1009.23(12). Lease-purchase agreements may be secured by a

455

combination of revenues as specifically authorized pursuant to

456

ss. 1009.22(7) and 1009.23(10).

457

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