| 1 | Representatives Precourt, Traviesa, Coley, and Cannon offered |
| 2 | the following: |
| 3 |
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| 4 | Amendment to Senate Amendment (202094) (with title |
| 5 | amendment) |
| 6 | Remove lines 7-72 and insert: |
| 7 | Section 1. Subsection (1) of section 1005.32, Florida |
| 8 | Statutes, is amended to read: |
| 9 | 1005.32 Licensure by means of accreditation.-- |
| 10 | (1) An independent postsecondary educational institution |
| 11 | that meets the following criteria may apply for a license by |
| 12 | means of accreditation from the commission: |
| 13 | (a) The institution has operated legally in this state for |
| 14 | at least 5 consecutive years. |
| 15 | (b) The institution holds institutional accreditation by |
| 16 | an accrediting agency evaluated and approved by the commission |
| 17 | as having standards substantially equivalent to the commission's |
| 18 | licensure standards. |
| 19 | (c) The institution has no unresolved complaints or |
| 20 | actions in the past 12 months. |
| 21 | (d) The institution meets minimum requirements for |
| 22 | financial responsibility as determined by the commission. |
| 23 | (e) The institution is a Florida corporation. |
| 24 | Section 2. Subsection (7) of section 1007.24, Florida |
| 25 | Statutes, is amended to read: |
| 26 | 1007.24 Statewide course numbering system.-- |
| 27 | (7) Any student who transfers among postsecondary |
| 28 | institutions that are fully accredited by a regional or national |
| 29 | accrediting agency recognized by the United States Department of |
| 30 | Education and that participate in the statewide course numbering |
| 31 | system shall be awarded credit by the receiving institution for |
| 32 | courses satisfactorily completed by the student at the previous |
| 33 | institutions. Credit shall be awarded if the courses are judged |
| 34 | by the appropriate statewide course numbering system faculty |
| 35 | committees representing school districts, public postsecondary |
| 36 | educational institutions, and participating nonpublic |
| 37 | postsecondary educational institutions to be academically |
| 38 | equivalent to courses offered at the receiving institution, |
| 39 | including equivalency of faculty credentials, regardless of the |
| 40 | United States Department of Education recognized accrediting |
| 41 | agency and public or nonpublic control of the previous |
| 42 | institution. The Department of Education shall ensure that |
| 43 | credits to be accepted by a receiving institution are generated |
| 44 | in courses for which the faculty possess credentials that are |
| 45 | comparable to those required by the accrediting association of |
| 46 | the receiving institution. The award of credit may be limited to |
| 47 | courses that are entered in the statewide course numbering |
| 48 | system. Credits awarded pursuant to this subsection shall |
| 49 | satisfy institutional requirements on the same basis as credits |
| 50 | awarded to native students. |
| 51 | Section 3. Subsection (3) of section 1009.01, Florida |
| 52 | Statutes, is amended, and subsections (4), (5), and (6) are |
| 53 | added to that section, to read: |
| 54 | 1009.01 Definitions.--The term: |
| 55 | (3) "Tuition differential" means the supplemental fee |
| 56 | charged to a student for instruction provided by a public |
| 57 | university in this state pursuant to s. 1009.24(16)(15). |
| 58 | (4) "Undergraduate tuition" means the basic fee charged to |
| 59 | a student for instruction provided by a state university in a |
| 60 | lower-level course or in an upper-level course. |
| 61 | (5) "Graduate tuition" means the basic fee charged to a |
| 62 | student for instruction provided by a state university in a |
| 63 | graduate-level course. Graduate-level courses do not include |
| 64 | courses in professional programs. |
| 65 | (6) "Professional program" means a program in dentistry, |
| 66 | law, medicine, pharmacy, or veterinary medicine. |
| 67 | Section 4. Section 1009.21, Florida Statutes, is amended |
| 68 | to read: |
| 69 | 1009.21 Determination of resident status for tuition |
| 70 | purposes and student eligibility for state financial aid awards |
| 71 | and tuition assistance grants.-- Students shall be classified as |
| 72 | residents or nonresidents for the purpose of assessing tuition |
| 73 | in community colleges and state universities and for the purpose |
| 74 | of determining student eligibility for state financial aid |
| 75 | awards and tuition assistance grants. |
| 76 | (1) As used in this section, the term: |
| 77 | (a) The term "Dependent child" means any person, whether |
| 78 | or not living with his or her parent, who is eligible to be |
| 79 | claimed by his or her parent as a dependent under the federal |
| 80 | income tax code. |
| 81 | (b) "Initial enrollment" means the first day of class at |
| 82 | an institution of higher education. |
| 83 | (c)(b) The term "Institution of higher education" means |
| 84 | any public community college or state university or any |
| 85 | institution eligible to participate in a program established |
| 86 | pursuant to s. 1009.50, s. 1009.505, s. 1009.51, s. 1009.52, s. |
| 87 | 1009.53, s. 1009.54, s. 1009.56, s. 1009.57, s. 1009.60, s. |
| 88 | 1009.62, s. 1009.63, s. 1009.68, s. 1009.72, s. 1009.73, s. |
| 89 | 1009.76, s. 1009.77, s. 1009.89, or s. 1009.891. |
| 90 | (d)(c) A "Legal resident" or "resident" means is a person |
| 91 | who has maintained his or her residence in this state for the |
| 92 | preceding year, has purchased a home which is occupied by him or |
| 93 | her as his or her residence, or has established a domicile in |
| 94 | this state pursuant to s. 222.17. |
| 95 | (e) "Nonresident for tuition purposes" means a person who |
| 96 | does not qualify for the in-state tuition rate. |
| 97 | (f)(d) The term "Parent" means the natural or adoptive |
| 98 | parent or legal guardian of a dependent child. |
| 99 | (g)(e) A "Resident for tuition purposes" means is a person |
| 100 | who qualifies as provided in subsection (2) for the in-state |
| 101 | tuition rate; a "nonresident for tuition purposes" is a person |
| 102 | who does not qualify for the in-state tuition rate. |
| 103 | (2)(a) To qualify as a resident for tuition purposes: |
| 104 | 1. A person or, if that person is a dependent child, his |
| 105 | or her parent or parents must have established legal residence |
| 106 | in this state and must have maintained legal residence in this |
| 107 | state for at least 12 consecutive months immediately prior to |
| 108 | his or her initial enrollment in an institution of higher |
| 109 | education qualification. Legal residence must be established by |
| 110 | written or electronic verification that includes two or more of |
| 111 | the following Florida documents that demonstrate clear and |
| 112 | convincing evidence of continuous residence in the state for at |
| 113 | least 12 consecutive months prior to the student's initial |
| 114 | enrollment in an institution of higher education: a voter |
| 115 | information card pursuant to s. 97.071; a driver's license; an |
| 116 | identification card issued by the State of Florida; a vehicle |
| 117 | registration; a declaration of domicile; proof of purchase of a |
| 118 | permanent home; a transcript from a Florida high school; a |
| 119 | Florida high school equivalency diploma and transcript; proof of |
| 120 | permanent full-time employment; proof of 12 consecutive months |
| 121 | of payment of utility bills; a domicile lease and proof of 12 |
| 122 | consecutive months of payments; or other official state or court |
| 123 | documents evidencing legal ties to Florida. No single piece of |
| 124 | evidence shall be conclusive. |
| 125 | 2. Every applicant for admission to an institution of |
| 126 | higher education shall be required to make a statement as to his |
| 127 | or her length of residence in the state and, further, shall |
| 128 | establish that his or her presence or, if the applicant is a |
| 129 | dependent child, the presence of his or her parent or parents in |
| 130 | the state currently is, and during the requisite 12-month |
| 131 | qualifying period was, for the purpose of maintaining a bona |
| 132 | fide domicile, rather than for the purpose of maintaining a mere |
| 133 | temporary residence or abode incident to enrollment in an |
| 134 | institution of higher education. |
| 135 | (b) However, with respect to a dependent child living with |
| 136 | an adult relative other than the child's parent, such child may |
| 137 | qualify as a resident for tuition purposes if the adult relative |
| 138 | is a legal resident who has maintained legal residence in this |
| 139 | state for at least 12 consecutive months immediately prior to |
| 140 | the child's initial enrollment in an institution of higher |
| 141 | education qualification, provided the child has resided |
| 142 | continuously with such relative for the 5 years immediately |
| 143 | prior to the child's initial enrollment qualification, during |
| 144 | which time the adult relative has exercised day-to-day care, |
| 145 | supervision, and control of the child. |
| 146 | (c) The legal residence of a dependent child whose parents |
| 147 | are divorced, separated, or otherwise living apart will be |
| 148 | deemed to be this state if either parent is a legal resident of |
| 149 | this state, regardless of which parent is entitled to claim, and |
| 150 | does in fact claim, the minor as a dependent pursuant to federal |
| 151 | individual income tax provisions. |
| 152 | (d) A person who is classified as a nonresident for |
| 153 | tuition purposes may become eligible for reclassification as a |
| 154 | resident for tuition purposes if that person or, if that person |
| 155 | is a dependent child, his or her parent presents clear and |
| 156 | convincing evidence that supports permanent residency in this |
| 157 | state rather than temporary residency for the purpose of |
| 158 | pursuing an education, such as documentation of full-time |
| 159 | permanent employment for the prior 12 months or the purchase of |
| 160 | a home in this state and residence therein for the prior 12 |
| 161 | months. If a person who is a dependent child and his or her |
| 162 | parent move to this state while such child is a high school |
| 163 | student and the child graduates from a high school in this |
| 164 | state, the child may become eligible for reclassification as a |
| 165 | resident for tuition purposes when the parent qualifies for |
| 166 | permanent residency. |
| 167 | (e) The requirement that a student maintain legal |
| 168 | residence for at least 12 consecutive months prior to initial |
| 169 | enrollment does not apply to a student who was classified as a |
| 170 | resident for tuition purposes by an institution of higher |
| 171 | education on or before July 1, 2008, and maintains continuous |
| 172 | enrollment at such institution. |
| 173 | (3)(a) An individual shall not be classified as a resident |
| 174 | for tuition purposes and, thus, shall not be eligible to receive |
| 175 | the in-state tuition rate until he or she has provided such |
| 176 | evidence related to legal residence and its duration or, if that |
| 177 | individual is a dependent child, documentation of his or her |
| 178 | parent's legal residence and its duration, as well as |
| 179 | documentation confirming his or her status as a dependent child, |
| 180 | as may be required by law and by officials of the institution of |
| 181 | higher education from which he or she seeks the in-state tuition |
| 182 | rate. The documentation shall provide clear and convincing |
| 183 | evidence that residency in this state was for a minimum of 12 |
| 184 | consecutive months prior to the student's initial enrollment in |
| 185 | an institution of higher education. No single piece of evidence |
| 186 | shall be conclusive. |
| 187 | (b) Each institution of higher learning shall: |
| 188 | 1. Determine whether an applicant who has been granted |
| 189 | admission to that institution is a dependent child. |
| 190 | 2. Affirmatively determine that an applicant who has been |
| 191 | granted admission to that institution as a Florida resident |
| 192 | meets the residency requirements of this section at the time of |
| 193 | initial enrollment. |
| 194 | (4) With respect to a dependent child, the legal residence |
| 195 | of such individual's parent or parents is prima facie evidence |
| 196 | of the individual's legal residence, which evidence may be |
| 197 | reinforced or rebutted, relative to the age and general |
| 198 | circumstances of the individual, by the other evidence of legal |
| 199 | residence required of or presented by the individual. However, |
| 200 | the legal residence of an individual whose parent or parents are |
| 201 | domiciled outside this state is not prima facie evidence of the |
| 202 | individual's legal residence if that individual has lived in |
| 203 | this state for 5 consecutive years prior to enrolling or |
| 204 | reregistering at the institution of higher education at which |
| 205 | resident status for tuition purposes is sought. |
| 206 | (5) In making a domiciliary determination related to the |
| 207 | classification of a person as a resident or nonresident for |
| 208 | tuition purposes, the domicile of a married person, irrespective |
| 209 | of sex, shall be determined, as in the case of an unmarried |
| 210 | person, by reference to all relevant evidence of domiciliary |
| 211 | intent. For the purposes of this section: |
| 212 | (a) A person shall not be precluded from establishing or |
| 213 | maintaining legal residence in this state and subsequently |
| 214 | qualifying or continuing to qualify as a resident for tuition |
| 215 | purposes solely by reason of marriage to a person domiciled |
| 216 | outside this state, even when that person's spouse continues to |
| 217 | be domiciled outside of this state, provided such person |
| 218 | maintains his or her legal residence in this state. |
| 219 | (b) A person shall not be deemed to have established or |
| 220 | maintained a legal residence in this state and subsequently to |
| 221 | have qualified or continued to qualify as a resident for tuition |
| 222 | purposes solely by reason of marriage to a person domiciled in |
| 223 | this state. |
| 224 | (c) In determining the domicile of a married person, |
| 225 | irrespective of sex, the fact of the marriage and the place of |
| 226 | domicile of such person's spouse shall be deemed relevant |
| 227 | evidence to be considered in ascertaining domiciliary intent. |
| 228 | (6) Any nonresident person, irrespective of sex, who |
| 229 | marries a legal resident of this state or marries a person who |
| 230 | later becomes a legal resident may, upon becoming a legal |
| 231 | resident of this state, accede to the benefit of the spouse's |
| 232 | immediately precedent duration as a legal resident for purposes |
| 233 | of satisfying the 12-month durational requirement of this |
| 234 | section. |
| 235 | (7) A person shall not lose his or her resident status for |
| 236 | tuition purposes solely by reason of serving, or, if such person |
| 237 | is a dependent child, by reason of his or her parent's or |
| 238 | parents' serving, in the Armed Forces outside this state. |
| 239 | (8) A person who has been properly classified as a |
| 240 | resident for tuition purposes but who, while enrolled in an |
| 241 | institution of higher education in this state, loses his or her |
| 242 | resident tuition status because the person or, if he or she is a |
| 243 | dependent child, the person's parent or parents establish |
| 244 | domicile or legal residence elsewhere shall continue to enjoy |
| 245 | the in-state tuition rate for a statutory grace period, which |
| 246 | period shall be measured from the date on which the |
| 247 | circumstances arose that culminated in the loss of resident |
| 248 | tuition status and shall continue for 12 months. However, if the |
| 249 | 12-month grace period ends during a semester or academic term |
| 250 | for which such former resident is enrolled, such grace period |
| 251 | shall be extended to the end of that semester or academic term. |
| 252 | (9) Any person who ceases to be enrolled at or who |
| 253 | graduates from an institution of higher education while |
| 254 | classified as a resident for tuition purposes and who |
| 255 | subsequently abandons his or her domicile in this state shall be |
| 256 | permitted to reenroll at an institution of higher education in |
| 257 | this state as a resident for tuition purposes without the |
| 258 | necessity of meeting the 12-month durational requirement of this |
| 259 | section if that person has reestablished his or her domicile in |
| 260 | this state within 12 months of such abandonment and continuously |
| 261 | maintains the reestablished domicile during the period of |
| 262 | enrollment. The benefit of this subsection shall not be accorded |
| 263 | more than once to any one person. |
| 264 | (10) The following persons shall be classified as |
| 265 | residents for tuition purposes: |
| 266 | (a) Active duty members of the Armed Services of the |
| 267 | United States residing or stationed in this state, their |
| 268 | spouses, and dependent children, and active members of the |
| 269 | Florida National Guard who qualify under s. 250.10(7) and (8) |
| 270 | for the tuition assistance program. |
| 271 | (b) Active duty members of the Armed Services of the |
| 272 | United States and their spouses and dependents attending a |
| 273 | public community college or state university within 50 miles of |
| 274 | the military establishment where they are stationed, if such |
| 275 | military establishment is within a county contiguous to Florida. |
| 276 | (c) United States citizens living on the Isthmus of |
| 277 | Panama, who have completed 12 consecutive months of college work |
| 278 | at the Florida State University Panama Canal Branch, and their |
| 279 | spouses and dependent children. |
| 280 | (d) Full-time instructional and administrative personnel |
| 281 | employed by state public schools, community colleges, and |
| 282 | institutions of higher education, as defined in s. 1000.04, and |
| 283 | their spouses and dependent children. |
| 284 | (e) Students from Latin America and the Caribbean who |
| 285 | receive scholarships from the federal or state government. Any |
| 286 | student classified pursuant to this paragraph shall attend, on a |
| 287 | full-time basis, a Florida institution of higher education. |
| 288 | (f) Southern Regional Education Board's Academic Common |
| 289 | Market graduate students attending Florida's state universities. |
| 290 | (g) Full-time employees of state agencies or political |
| 291 | subdivisions of the state when the student fees are paid by the |
| 292 | state agency or political subdivision for the purpose of job- |
| 293 | related law enforcement or corrections training. |
| 294 | (h) McKnight Doctoral Fellows and Finalists who are United |
| 295 | States citizens. |
| 296 | (i) United States citizens living outside the United |
| 297 | States who are teaching at a Department of Defense Dependent |
| 298 | School or in an American International School and who enroll in |
| 299 | a graduate level education program which leads to a Florida |
| 300 | teaching certificate. |
| 301 | (j) Active duty members of the Canadian military residing |
| 302 | or stationed in this state under the North American Air Defense |
| 303 | (NORAD) agreement, and their spouses and dependent children, |
| 304 | attending a community college or state university within 50 |
| 305 | miles of the military establishment where they are stationed. |
| 306 | (k) Active duty members of a foreign nation's military who |
| 307 | are serving as liaison officers and are residing or stationed in |
| 308 | this state, and their spouses and dependent children, attending |
| 309 | a community college or state university within 50 miles of the |
| 310 | military establishment where the foreign liaison officer is |
| 311 | stationed. |
| 312 | (11) The State Board of Education and the Board of |
| 313 | Governors shall adopt rules to implement this section. |
| 314 | Section 5. Subsections (4) and (16) of section 1009.24, |
| 315 | Florida Statutes, as amended by chapter 2007-329, Laws of |
| 316 | Florida, are amended to read: |
| 317 | 1009.24 State university student fees.-- |
| 318 | (4)(a)1. Effective January 1, 2008, the resident |
| 319 | undergraduate tuition for lower-level and upper-level coursework |
| 320 | shall be $77.39 per credit hour. |
| 321 | 2.(b) Beginning with the 2008-2009 fiscal year and each |
| 322 | year thereafter, the resident undergraduate tuition per credit |
| 323 | hour shall increase at the beginning of each fall semester at a |
| 324 | rate equal to inflation, unless otherwise provided in the |
| 325 | General Appropriations Act. The Office of Economic and |
| 326 | Demographic Research shall report the rate of inflation to the |
| 327 | President of the Senate, the Speaker of the House of |
| 328 | Representatives, the Governor, and the Board of Governors each |
| 329 | year prior to March 1. For purposes of this subparagraph |
| 330 | paragraph, the rate of inflation shall be defined as the rate of |
| 331 | the 12-month percentage change in the Consumer Price Index for |
| 332 | All Urban Consumers, U.S. City Average, All Items, or successor |
| 333 | reports as reported by the United States Department of Labor, |
| 334 | Bureau of Labor Statistics, or its successor for December of the |
| 335 | previous year. In the event the percentage change is negative, |
| 336 | the resident undergraduate tuition shall remain at the same |
| 337 | level as the prior fiscal year. |
| 338 | 3. The Board of Governors, or the board's designee, may |
| 339 | establish the out-of-state fee for undergraduate courses. The |
| 340 | sum of the undergraduate tuition and the out-of-state fee |
| 341 | assessed to nonresident students for undergraduate courses must |
| 342 | be sufficient to offset the full instructional cost of serving |
| 343 | such students. However, adjustments to the out-of-state fee |
| 344 | pursuant to this subparagraph may not exceed 10 percent in any |
| 345 | year. |
| 346 | (b)(c) The Board of Governors, or the board's designee, |
| 347 | may establish tuition for graduate tuition and professional |
| 348 | programs, and the out-of-state fee fees for graduate-level |
| 349 | courses all programs. The sum of graduate tuition and the out- |
| 350 | of-state fee fees assessed to nonresident students for graduate- |
| 351 | level courses must be sufficient to offset the full |
| 352 | instructional cost of serving such students. However, |
| 353 | adjustments to the out-of-state fee fees or graduate tuition for |
| 354 | graduate and professional programs pursuant to this paragraph |
| 355 | section may not exceed 10 percent in any year. |
| 356 | (c) Each university board of trustees may establish |
| 357 | tuition and the out-of-state fee for each professional program |
| 358 | offered by the university. The sum of tuition and the out-of- |
| 359 | state fee assessed to nonresident students in professional |
| 360 | programs must be sufficient to offset the full instructional |
| 361 | cost of serving such students. Adjustments to tuition or the |
| 362 | out-of-state fee for any student who was enrolled in a |
| 363 | professional program prior to the Fall 2008 term and maintains |
| 364 | continuous enrollment in good academic standing in such program |
| 365 | as determined by the university may not exceed 10 percent in any |
| 366 | year. |
| 367 | (d) The sum of the activity and service, health, and |
| 368 | athletic fees a student is required to pay to register for a |
| 369 | course shall not exceed 40 percent of the tuition established in |
| 370 | law or in the General Appropriations Act. No university shall be |
| 371 | required to lower any fee in effect on the effective date of |
| 372 | this act in order to comply with this paragraph subsection. |
| 373 | Within the 40 percent cap, universities may not increase the |
| 374 | aggregate sum of activity and service, health, and athletic fees |
| 375 | more than 5 percent per year unless specifically authorized in |
| 376 | law or in the General Appropriations Act. A university may |
| 377 | increase its athletic fee to defray the costs associated with |
| 378 | changing National Collegiate Athletic Association divisions. Any |
| 379 | such increase in the athletic fee may exceed both the 40 percent |
| 380 | cap and the 5 percent cap imposed by this paragraph subsection. |
| 381 | Any such increase must be approved by the athletic fee committee |
| 382 | in the process outlined in subsection (12) and cannot exceed $2 |
| 383 | per credit hour. Notwithstanding the provisions of ss. 1009.534, |
| 384 | 1009.535, and 1009.536, that portion of any increase in an |
| 385 | athletic fee pursuant to this paragraph subsection that causes |
| 386 | the sum of the activity and service, health, and athletic fees |
| 387 | to exceed the 40 percent cap or the annual increase in such fees |
| 388 | to exceed the 5 percent cap shall not be included in calculating |
| 389 | the amount a student receives for a Florida Academic Scholars |
| 390 | award, a Florida Medallion Scholars award, or a Florida Gold |
| 391 | Seal Vocational Scholars award. |
| 392 | (e) This subsection does not prohibit a university from |
| 393 | increasing or assessing optional fees related to specific |
| 394 | activities if payment of such fees is not required as a part of |
| 395 | registration for courses. |
| 396 | (16) The Board of Governors may establish a uniform |
| 397 | maximum undergraduate tuition differential that does not exceed |
| 398 | 40 percent of tuition for all universities that meet the |
| 399 | criteria for Funding Level 1 under s. 1004.635(3), and may |
| 400 | establish a uniform maximum undergraduate tuition differential |
| 401 | that does not exceed 30 percent of tuition for all universities |
| 402 | that have total research and development expenditures for all |
| 403 | fields of at least $100 million per year as reported annually to |
| 404 | the National Science Foundation meet the criteria for Funding |
| 405 | Level 2 under s. 1004.635(3). Once these criteria have been met |
| 406 | and the differential established by the Board of Governors, the |
| 407 | board of trustees of a qualified university may maintain the |
| 408 | differential unless otherwise directed by the Board of |
| 409 | Governors. However, the board shall ensure that the maximum |
| 410 | tuition differential it establishes for universities meeting the |
| 411 | Funding Level 1 criteria is at least 30 percent greater than the |
| 412 | maximum tuition differential the board establishes for |
| 413 | universities that meet the required Funding Level 2 criteria for |
| 414 | research and development expenditures. The tuition differential |
| 415 | is subject to the following conditions: |
| 416 | (a) The sum of tuition and the tuition differential may |
| 417 | not be increased by more than 15 percent of the total charged |
| 418 | for these fees in the preceding fiscal year. |
| 419 | (b) The tuition differential may not be calculated as a |
| 420 | part of the scholarship programs established in ss. 1009.53- |
| 421 | 1009.537. |
| 422 | (c) Beneficiaries having prepaid tuition contracts |
| 423 | pursuant to s. 1009.98(2)(b) which were in effect on July 1, |
| 424 | 2008 2007, and which remain in effect, are exempt from the |
| 425 | payment of the tuition differential. |
| 426 | (d) The tuition differential may not be charged to any |
| 427 | student who was in attendance at the university before July 1, |
| 428 | 2007, and who maintains continuous enrollment. |
| 429 | (e) The tuition differential may be waived by the |
| 430 | university for students who meet the eligibility requirements |
| 431 | for the Florida public student assistance grant established in |
| 432 | s. 1009.50. |
| 433 | (f) A university board of trustees that has been |
| 434 | authorized by the Board of Governors to establish a tuition |
| 435 | differential pursuant to this subsection may establish the |
| 436 | tuition differential at a rate lower than the maximum tuition |
| 437 | differential established by the board, but may not exceed the |
| 438 | maximum tuition differential established by the board. |
| 439 | (g) The revenue generated from the tuition differential |
| 440 | must be spent solely for improving the quality of direct |
| 441 | undergraduate instruction and support services. |
| 442 | (h) Information relating to the annual receipt and |
| 443 | expenditure of the proceeds from the assessment of the tuition |
| 444 | differential shall be reported by the university in accordance |
| 445 | with guidelines established by the Board of Governors. |
| 446 | Section 6. Subsection (1) of section 1009.265, Florida |
| 447 | Statutes, is amended to read: |
| 448 | 1009.265 State employee fee waivers.-- |
| 449 | (1) As a benefit to the employer and employees of the |
| 450 | state, subject to approval by an employee's agency head or the |
| 451 | equivalent, each state university and community college shall |
| 452 | waive tuition and fees for state employees to enroll for up to 6 |
| 453 | credit hours of courses, including distance learning or online |
| 454 | courses, per term on a space-available basis. The employee must |
| 455 | have the approval of his or her supervisor to use the waiver to |
| 456 | take a course or courses during normal work hours. For purposes |
| 457 | of implementing this section, the space available in a course is |
| 458 | to be determined based on the number of seats or capacity |
| 459 | remaining in the course at the end of the drop-add period. State |
| 460 | employee fee waivers may not be used for dissertation, thesis, |
| 461 | directed individual study (DIS), or other one-to-one |
| 462 | instruction. |
| 463 | Section 7. Paragraph (b) of subsection (2) of section |
| 464 | 1009.98, Florida Statutes, is amended to read: |
| 465 | 1009.98 Stanley G. Tate Florida Prepaid College Program.-- |
| 466 | (2) PREPAID COLLEGE PLANS.--At a minimum, the board shall |
| 467 | make advance payment contracts available for two independent |
| 468 | plans to be known as the community college plan and the |
| 469 | university plan. The board may also make advance payment |
| 470 | contracts available for a dormitory residence plan. The board |
| 471 | may restrict the number of participants in the community college |
| 472 | plan, university plan, and dormitory residence plan, |
| 473 | respectively. However, any person denied participation solely on |
| 474 | the basis of such restriction shall be granted priority for |
| 475 | participation during the succeeding year. |
| 476 | (b)1. Through the university plan, the advance payment |
| 477 | contract shall provide prepaid registration fees for a specified |
| 478 | number of undergraduate semester credit hours not to exceed the |
| 479 | average number of hours required for the conference of a |
| 480 | baccalaureate degree. Qualified beneficiaries shall bear the |
| 481 | cost of any laboratory fees associated with enrollment in |
| 482 | specific courses. Each qualified beneficiary shall be classified |
| 483 | as a resident for tuition purposes pursuant to s. 1009.21, |
| 484 | regardless of his or her actual legal residence. |
| 485 | 2. Effective July 1, 1998, the board may provide advance |
| 486 | payment contracts for additional fees delineated in s. |
| 487 | 1009.24(9)-(12)(8)-(11), for a specified number of undergraduate |
| 488 | semester credit hours not to exceed the average number of hours |
| 489 | required for the conference of a baccalaureate degree, in |
| 490 | conjunction with advance payment contracts for registration |
| 491 | fees. Such contracts shall provide prepaid coverage for the sum |
| 492 | of such fees, to a maximum of 45 percent of the cost of |
| 493 | registration fees. University plan contracts purchased prior to |
| 494 | July 1, 1998, shall be limited to the payment of registration |
| 495 | fees as defined in s. 1009.97. |
| 496 | 3. Effective July 1, 2007, the board may provide advance |
| 497 | payment contracts for the tuition differential authorized in s. |
| 498 | 1009.24(16)(15) for a specified number of undergraduate semester |
| 499 | credit hours, which may not exceed the average number of hours |
| 500 | required for the conference of a baccalaureate degree, in |
| 501 | conjunction with advance payment contracts for registration |
| 502 | fees. |
| 503 | Section 8. Subsection (5) of section 1011.48, Florida |
| 504 | Statutes, is amended to read: |
| 505 | 1011.48 Establishment of educational research centers for |
| 506 | child development.-- |
| 507 | (5) Each educational research center for child development |
| 508 | shall be funded by a portion of the Capital Improvement Trust |
| 509 | Fund fee established by the Board of Governors pursuant to s. |
| 510 | 1009.24(8)(7). Each university that establishes a center shall |
| 511 | receive a portion of such fees collected from the students |
| 512 | enrolled at that university, usable only at that university, |
| 513 | equal to 22.5 cents per student per credit hour taken per term, |
| 514 | based on the summer term and fall and spring semesters. This |
| 515 | allocation shall be used by the university only for the |
| 516 | establishment and operation of a center as provided by this |
| 517 | section and rules adopted hereunder. Said allocation may be made |
| 518 | only after all bond obligations required to be paid from such |
| 519 | fees have been met. |
| 520 | Section 9. Section 196.192, Florida Statutes, is amended |
| 521 | to read: |
| 522 | 196.192 Exemptions from ad valorem taxation.--Subject to |
| 523 | the provisions of this chapter: |
| 524 | (1) All property owned by an exempt entity, including |
| 525 | educational institutions, and used exclusively for exempt |
| 526 | purposes shall be totally exempt from ad valorem taxation. |
| 527 | (2) All property owned by an exempt entity, including |
| 528 | educational institutions, and used predominantly for exempt |
| 529 | purposes shall be exempted from ad valorem taxation to the |
| 530 | extent of the ratio that such predominant use bears to the |
| 531 | nonexempt use. |
| 532 | (3) All tangible personal property loaned or leased by a |
| 533 | natural person, by a trust holding property for a natural |
| 534 | person, or by an exempt entity to an exempt entity for public |
| 535 | display or exhibition on a recurrent schedule is exempt from ad |
| 536 | valorem taxation if the property is loaned or leased for no |
| 537 | consideration or for nominal consideration. |
| 538 |
|
| 539 | For purposes of this section, each use to which the property is |
| 540 | being put must be considered in granting an exemption from ad |
| 541 | valorem taxation, including any economic use in addition to any |
| 542 | physical use. For purposes of this section, property owned by a |
| 543 | limited liability company, the sole member of which is an exempt |
| 544 | entity, shall be treated as if the property were owned directly |
| 545 | by the exempt entity. This section does not apply in determining |
| 546 | the exemption for property owned by governmental units pursuant |
| 547 | to s. 196.199. |
| 548 | Section 10. This act shall take effect July 1, 2008. |
| 549 |
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| 550 | ----------------------------------------------------- |
| 551 | T I T L E A M E N D M E N T |
| 552 | Remove lines 78-89 and insert: |
| 553 | A bill to be entitled |
| 554 | An act relating to postsecondary education; amending s. 1005.32, |
| 555 | F.S.; revising requirements for application for licensure by |
| 556 | accreditation by an independent postsecondary educational |
| 557 | institution; amending s. 1007.24, F.S.; revising provisions |
| 558 | regarding determination of equivalency of courses; amending s. |
| 559 | 1009.01, F.S.; providing definitions relating to postsecondary |
| 560 | education; amending s. 1009.21, F.S.; providing that |
| 561 | determination of resident status applies to eligibility for |
| 562 | state financial aid awards and tuition assistance grants; |
| 563 | revising definitions; revising provisions relating to |
| 564 | qualification as a resident for tuition purposes; providing for |
| 565 | reclassification of status; providing duties of institutions of |
| 566 | higher education; amending s. 1009.24, F.S.; revising provisions |
| 567 | relating to state university student fees; providing for the |
| 568 | establishment of tuition and fees at the undergraduate and |
| 569 | graduate levels and for professional programs; revising |
| 570 | provisions relating to establishment and conditions of the |
| 571 | undergraduate tuition differential; amending s. 1009.265, F.S.; |
| 572 | revising conditions for the use of state employee fee waivers; |
| 573 | amending ss. 1009.98 and 1011.48, F.S.; correcting cross- |
| 574 | references; amending s. 196.192, F.S.; specifying educational |
| 575 | institutions as exempt entities for purposes of exemptions from |
| 576 | ad valorem taxation for property owned by exempt entities; |
| 577 | providing an effective date. |