CS/CS/HB 745

1	A bill to be entitled
2	An act relating to postsecondary education; amending s.
3	216.136, F.S.; revising provisions relating to student
4	enrollment projections, and adjustments thereto, for the
5	state educational system developed by the Education
6	Estimating Conference; amending s. 1005.32, F.S.; revising
7	requirements for application for licensure by
8	accreditation by an independent postsecondary educational
9	institution; amending s. 1007.24, F.S.; revising
10	provisions regarding determination of equivalency of
11	courses; amending s. 1009.01, F.S.; providing definitions
12	relating to postsecondary education; amending s. 1009.21,
13	F.S.; providing that determination of resident status
14	applies to eligibility for state financial aid awards and
15	tuition assistance grants; revising definitions; revising
16	provisions relating to qualification as a resident for
17	tuition purposes; providing for reclassification of
18	status; providing duties of institutions of higher
19	education; amending s. 1009.22, F.S.; revising provisions
20	relating to the workforce education postsecondary student
21	capital improvement fee; amending s. 1009.23, F.S.;
22	providing an exemption relating to establishment of the
23	community college activity and service student fee;
24	authorizing an increase in the amount of fees collected
25	for financial aid purposes; increasing the amount of
26	financial aid fees that may be used to assist students who
27	meet specified criteria; authorizing rulemaking; amending
28	s. 1009.24, F.S.; revising provisions relating to state
29	university student fees; providing for the establishment
30	of tuition and fees at the undergraduate and graduate
31	levels and for professional programs; revising provisions
32	relating to use of the student financial aid fee; revising
33	provisions relating to establishment and conditions of the
34	undergraduate tuition differential; amending s. 1009.25,
35	F.S.; revising provisions authorizing student fee
36	exemptions by community colleges; defining "fee-paying
37	student"; amending s. 1009.265, F.S.; revising conditions
38	for the use of state employee fee waivers; creating s.
39	1009.286, F.S.; providing requirements for additional
40	payment by state university students for certain credit
41	hours exceeding degree program requirements; providing
42	criteria for calculating credit hours; authorizing an
43	exemption; amending ss. 1009.98 and 1011.48, F.S.;
44	conforming cross-references; providing an effective date.
45
46	Be It Enacted by the Legislature of the State of Florida:
47
48	Section 1.  Subsection (4) of section 216.136, Florida
49	Statutes, is amended to read:
50	216.136  Consensus estimating conferences; duties and
51	principals.--
52	(4)  EDUCATION ESTIMATING CONFERENCE.--
53	(a)  The Education Estimating Conference shall develop such
54	official information relating to the state public and private
55	educational system, including forecasts of student enrollments,
56	the number of students qualified for state financial aid
57	programs, and for the William L. Boyd, IV, Florida Resident
58	Access Grant Program, and for the Access to Better Learning and
59	Education Grant Program and the appropriation required to fund
60	the full award amounts for each program, fixed capital outlay
61	needs, and Florida Education Finance Program formula needs, as
62	the conference determines is needed for the state planning and
63	budgeting system.
64	(b)  The conference's initial projections of enrollments in
65	public schools shall be forwarded by the conference to each
66	school district no later than 2 months prior to the start of the
67	regular session of the Legislature. Each school district may, in
68	writing, request adjustments to the initial projections. Any
69	adjustment request shall be submitted to the conference no later
70	than 1 month prior to the start of the regular session of the
71	Legislature and shall be considered by the principals of the
72	conference. A school district may amend its adjustment request,
73	in writing, during the first 3 weeks of the legislative session,
74	and such amended adjustment request shall be considered by the
75	principals of the conference. For any adjustment so requested,
76	the district shall indicate and explain, using definitions
77	adopted by the conference, the components of anticipated
78	enrollment changes that correspond to continuation of current
79	programs with workload changes; program improvement; program
80	reduction or elimination; initiation of new programs; and any
81	other information that may be needed by the Legislature. For
82	public schools, the conference shall submit its full-time
83	equivalent student consensus estimate to the Legislature no
84	later than 1 month after the start of the regular session of the
85	Legislature. No conference estimate may be changed without the
86	agreement of the full conference.
87	(c)  The conference shall estimate a state-level demand
88	pool for postsecondary education that includes all delivery
89	systems, public and private. The conference shall calculate the
90	level of public postsecondary enrollment from the initial demand
91	value. Once the state-level public sector demand has been
92	established, the conference shall use current policies and
93	relationships to allocate the demand into the appropriate
94	delivery systems within the public sector. The conference's
95	initial projections of enrollments in public postsecondary
96	institutions shall be forwarded by the conference to the State
97	Board of Education and the Board of Governors no later than 2
98	months prior to the start of the regular session of the
99	Legislature for distribution to their respective institutions.
100	Each institution may, in writing, request adjustments to the
101	initial projections. Any adjustment request shall be submitted
102	to the conference no later than 1 month prior to the start of
103	the regular session of the Legislature and shall be considered
104	by the principals of the conference. A public postsecondary
105	institution may amend its adjustment request, in writing, during
106	the first 3 weeks of the legislative session, and such amended
107	adjustment request shall be considered by the principals of the
108	conference. For any adjustment so requested, the institution
109	shall indicate and explain, using definitions adopted by the
110	conference, the components of anticipated enrollment changes
111	that correspond to continuation of current programs with
112	workload changes; program improvement; program reduction or
113	elimination; initiation of new programs; and any other
114	information that may be needed by the Legislature. The
115	conference shall submit its full-time equivalent student
116	consensus estimate for public postsecondary education to the
117	Legislature no later than 1 month after the start of the regular
118	session of the Legislature. No conference estimate may be
119	changed without the agreement of the full conference.
120	(d)(b)  No later than 2 months prior to the start of the
121	regular session of the Legislature, the conference shall forward
122	to each eligible postsecondary education institution its initial
123	projections of the number of students qualified for state
124	financial aid programs and the appropriation required to fund
125	those students at the full award amount. Each postsecondary
126	education institution may request, in writing, adjustments to
127	the initial projection. Any adjustment request must be submitted
128	to the conference no later than 1 month prior to the start of
129	the regular session of the Legislature and shall be considered
130	by the principals of the conference. For any adjustment so
131	requested, the postsecondary education institution shall
132	indicate and explain, using definitions adopted by the
133	conference, the components of anticipated changes that
134	correspond to continuation of current programs with enrollment
135	changes, program reduction or elimination, initiation of new
136	programs, award amount increases or decreases, and any other
137	information that is considered by the conference. The conference
138	shall submit its consensus estimate to the Legislature no later
139	than 1 month after the start of the regular session of the
140	Legislature. No conference estimate may be changed without the
141	agreement of the full conference.
142	Section 2.  Subsection (1) of section 1005.32, Florida
143	Statutes, is amended to read:
144	1005.32  Licensure by means of accreditation.--
145	(1)  An independent postsecondary educational institution
146	that meets the following criteria may apply for a license by
147	means of accreditation from the commission:
148	(a)  The institution has operated legally in this state for
149	at least 5 consecutive years.
150	(b)  The institution holds institutional accreditation by
151	an accrediting agency evaluated and approved by the commission
152	as having standards substantially equivalent to the commission's
153	licensure standards.
154	(c)  The institution has no unresolved complaints or
155	actions in the past 12 months.
156	(d)  The institution meets minimum requirements for
157	financial responsibility as determined by the commission.
158	(e)  The institution is a Florida corporation.
159	Section 3.  Subsection (7) of section 1007.24, Florida
160	Statutes, is amended to read:
161	1007.24  Statewide course numbering system.--
162	(7)  Any student who transfers among postsecondary
163	institutions that are fully accredited by a regional or national
164	accrediting agency recognized by the United States Department of
165	Education and that participate in the statewide course numbering
166	system shall be awarded credit by the receiving institution for
167	courses satisfactorily completed by the student at the previous
168	institutions. Credit shall be awarded if the courses are judged
169	by the appropriate statewide course numbering system faculty
170	committees representing school districts, public postsecondary
171	educational institutions, and participating nonpublic
172	postsecondary educational institutions to be academically
173	equivalent to courses offered at the receiving institution,
174	including equivalency of faculty credentials, regardless of the
175	United States Department of Education recognized accrediting
176	agency and public or nonpublic control of the previous
177	institution. The Department of Education shall ensure that
178	credits to be accepted by a receiving institution are generated
179	in courses for which the faculty possess credentials that are
180	comparable to those required by the accrediting association of
181	the receiving institution. The award of credit may be limited to
182	courses that are entered in the statewide course numbering
183	system. Credits awarded pursuant to this subsection shall
184	satisfy institutional requirements on the same basis as credits
185	awarded to native students.
186	Section 4.  Subsection (3) of section 1009.01, Florida
187	Statutes, is amended, and subsections (4), (5), and (6) are
188	added to that section, to read:
189	1009.01  Definitions.--The term:
190	(3)  "Tuition differential" means the supplemental fee
191	charged to a student for instruction provided by a public
192	university in this state pursuant to s. 1009.24(16)(15).
193	(4)  "Undergraduate tuition" means the basic fee charged to
194	a student for instruction provided by a state university in a
195	lower-level course or in an upper-level course.
196	(5)  "Graduate tuition" means the basic fee charged to a
197	student for instruction provided by a state university in a
198	graduate-level course. Graduate-level courses do not include
199	courses in professional programs.
200	(6)  "Professional program" means a program in dentistry,
201	law, medicine, pharmacy, or veterinary medicine.
202	Section 5.  Section 1009.21, Florida Statutes, is amended
203	to read:
204	1009.21  Determination of resident status for tuition
205	purposes and student eligibility for state financial aid awards
206	and tuition assistance grants.-- Students shall be classified as
207	residents or nonresidents for the purpose of assessing tuition
208	in community colleges and state universities and for the purpose
209	of determining student eligibility for state financial aid
210	awards and tuition assistance grants.
211	(1)  As used in this section, the term:
212	(a)  The term "Dependent child" means any person, whether
213	or not living with his or her parent, who is eligible to be
214	claimed by his or her parent as a dependent under the federal
215	income tax code.
216	(b)  "Initial enrollment" means the first day of class at
217	an institution of higher education.
218	(c)(b)  The term "Institution of higher education" means
219	any public community college or state university or any
220	institution eligible to participate in a program established
221	pursuant to s. 1009.50, s. 1009.505, s. 1009.51, s. 1009.52, s.
222	1009.53, s. 1009.54, s. 1009.56, s. 1009.57, s. 1009.60, s.
223	1009.62, s. 1009.63, s. 1009.68, s. 1009.72, s. 1009.73, s.
224	1009.76, s. 1009.77, s. 1009.89, or s. 1009.891.
225	(d)(c)  A "Legal resident" or "resident" means is a person
226	who has maintained his or her residence in this state for the
227	preceding year, has purchased a home which is occupied by him or
228	her as his or her residence, or has established a domicile in
229	this state pursuant to s. 222.17.
230	(e)  "Nonresident for tuition purposes" means a person who
231	does not qualify for the in-state tuition rate.
232	(f)(d)  The term "Parent" means the natural or adoptive
233	parent or legal guardian of a dependent child.
234	(g)(e)  A "Resident for tuition purposes" means is a person
235	who qualifies as provided in subsection (2) for the in-state
236	tuition rate; a "nonresident for tuition purposes" is a person
237	who does not qualify for the in-state tuition rate.
238	(2)(a)  To qualify as a resident for tuition purposes:
239	1.  A person or, if that person is a dependent child, his
240	or her parent or parents must have established legal residence
241	in this state and must have maintained legal residence in this
242	state for at least 12 consecutive months immediately prior to
243	his or her initial enrollment in an institution of higher
244	education qualification. Legal residence must be established by
245	written or electronic verification that includes two or more of
246	the following Florida documents that demonstrate clear and
247	convincing evidence of continuous residence in the state for at
248	least 12 consecutive months prior to the student's initial
249	enrollment in an institution of higher education: a voter
250	information card pursuant to s. 97.071; a driver's license; an
251	identification card issued by the State of Florida; a vehicle
252	registration; a declaration of domicile; proof of purchase of a
253	permanent home; a transcript from a Florida high school; a
254	Florida high school equivalency diploma and transcript; proof of
255	permanent full-time employment; proof of 12 consecutive months
256	of payment of utility bills; a domicile lease and proof of 12
257	consecutive months of payments; or other official state or court
258	documents evidencing legal ties to Florida. No single piece of
259	evidence shall be conclusive.
260	2.  Every applicant for admission to an institution of
261	higher education shall be required to make a statement as to his
262	or her length of residence in the state and, further, shall
263	establish that his or her presence or, if the applicant is a
264	dependent child, the presence of his or her parent or parents in
265	the state currently is, and during the requisite 12-month
266	qualifying period was, for the purpose of maintaining a bona
267	fide domicile, rather than for the purpose of maintaining a mere
268	temporary residence or abode incident to enrollment in an
269	institution of higher education.
270	(b)  However, with respect to a dependent child living with
271	an adult relative other than the child's parent, such child may
272	qualify as a resident for tuition purposes if the adult relative
273	is a legal resident who has maintained legal residence in this
274	state for at least 12 consecutive months immediately prior to
275	the child's initial enrollment in an institution of higher
276	education qualification, provided the child has resided
277	continuously with such relative for the 5 years immediately
278	prior to the child's initial enrollment qualification, during
279	which time the adult relative has exercised day-to-day care,
280	supervision, and control of the child.
281	(c)  The legal residence of a dependent child whose parents
282	are divorced, separated, or otherwise living apart will be
283	deemed to be this state if either parent is a legal resident of
284	this state, regardless of which parent is entitled to claim, and
285	does in fact claim, the minor as a dependent pursuant to federal
286	individual income tax provisions.
287	(d)  A person who is classified as a nonresident for
288	tuition purposes may become eligible for reclassification as a
289	resident for tuition purposes if that person or, if that person
290	is a dependent child, his or her parent presents clear and
291	convincing evidence that supports permanent residency in this
292	state rather than temporary residency for the purpose of
293	pursuing an education, such as documentation of full-time
294	permanent employment for the prior 12 months or the purchase of
295	a home in this state and residence therein for the prior 12
296	months. If a person who is a dependent child and his or her
297	parent move to this state while such child is a high school
298	student and the child graduates from a high school in this
299	state, the child may become eligible for reclassification as a
300	resident for tuition purposes when the parent qualifies for
301	permanent residency.
302	(3)(a)  An individual shall not be classified as a resident
303	for tuition purposes and, thus, shall not be eligible to receive
304	the in-state tuition rate until he or she has provided such
305	evidence related to legal residence and its duration or, if that
306	individual is a dependent child, documentation of his or her
307	parent's legal residence and its duration, as well as
308	documentation confirming his or her status as a dependent child,
309	as may be required by law and by officials of the institution of
310	higher education from which he or she seeks the in-state tuition
311	rate. The documentation shall provide clear and convincing
312	evidence that residency in this state was for a minimum of 12
313	consecutive months prior to the student's initial enrollment in
314	an institution of higher education. No single piece of evidence
315	shall be conclusive.
316	(b)  Each institution of higher learning shall:
317	1.  Determine whether an applicant who has been granted
318	admission to that institution is a dependent child.
319	2.  Affirmatively determine that an applicant who has been
320	granted admission to that institution as a Florida resident
321	meets the residency requirements of this section at the time of
322	initial enrollment.
323	(4)  With respect to a dependent child, the legal residence
324	of such individual's parent or parents is prima facie evidence
325	of the individual's legal residence, which evidence may be
326	reinforced or rebutted, relative to the age and general
327	circumstances of the individual, by the other evidence of legal
328	residence required of or presented by the individual. However,
329	the legal residence of an individual whose parent or parents are
330	domiciled outside this state is not prima facie evidence of the
331	individual's legal residence if that individual has lived in
332	this state for 5 consecutive years prior to enrolling or
333	reregistering at the institution of higher education at which
334	resident status for tuition purposes is sought.
335	(5)  In making a domiciliary determination related to the
336	classification of a person as a resident or nonresident for
337	tuition purposes, the domicile of a married person, irrespective
338	of sex, shall be determined, as in the case of an unmarried
339	person, by reference to all relevant evidence of domiciliary
340	intent. For the purposes of this section:
341	(a)  A person shall not be precluded from establishing or
342	maintaining legal residence in this state and subsequently
343	qualifying or continuing to qualify as a resident for tuition
344	purposes solely by reason of marriage to a person domiciled
345	outside this state, even when that person's spouse continues to
346	be domiciled outside of this state, provided such person
347	maintains his or her legal residence in this state.
348	(b)  A person shall not be deemed to have established or
349	maintained a legal residence in this state and subsequently to
350	have qualified or continued to qualify as a resident for tuition
351	purposes solely by reason of marriage to a person domiciled in
352	this state.
353	(c)  In determining the domicile of a married person,
354	irrespective of sex, the fact of the marriage and the place of
355	domicile of such person's spouse shall be deemed relevant
356	evidence to be considered in ascertaining domiciliary intent.
357	(6)  Any nonresident person, irrespective of sex, who
358	marries a legal resident of this state or marries a person who
359	later becomes a legal resident may, upon becoming a legal
360	resident of this state, accede to the benefit of the spouse's
361	immediately precedent duration as a legal resident for purposes
362	of satisfying the 12-month durational requirement of this
363	section.
364	(7)  A person shall not lose his or her resident status for
365	tuition purposes solely by reason of serving, or, if such person
366	is a dependent child, by reason of his or her parent's or
367	parents' serving, in the Armed Forces outside this state.
368	(8)  A person who has been properly classified as a
369	resident for tuition purposes but who, while enrolled in an
370	institution of higher education in this state, loses his or her
371	resident tuition status because the person or, if he or she is a
372	dependent child, the person's parent or parents establish
373	domicile or legal residence elsewhere shall continue to enjoy
374	the in-state tuition rate for a statutory grace period, which
375	period shall be measured from the date on which the
376	circumstances arose that culminated in the loss of resident
377	tuition status and shall continue for 12 months. However, if the
378	12-month grace period ends during a semester or academic term
379	for which such former resident is enrolled, such grace period
380	shall be extended to the end of that semester or academic term.
381	(9)  Any person who ceases to be enrolled at or who
382	graduates from an institution of higher education while
383	classified as a resident for tuition purposes and who
384	subsequently abandons his or her domicile in this state shall be
385	permitted to reenroll at an institution of higher education in
386	this state as a resident for tuition purposes without the
387	necessity of meeting the 12-month durational requirement of this
388	section if that person has reestablished his or her domicile in
389	this state within 12 months of such abandonment and continuously
390	maintains the reestablished domicile during the period of
391	enrollment. The benefit of this subsection shall not be accorded
392	more than once to any one person.
393	(10)  The following persons shall be classified as
394	residents for tuition purposes:
395	(a)  Active duty members of the Armed Services of the
396	United States residing or stationed in this state, their
397	spouses, and dependent children, and active members of the
398	Florida National Guard who qualify under s. 250.10(7) and (8)
399	for the tuition assistance program.
400	(b)  Active duty members of the Armed Services of the
401	United States and their spouses and dependents attending a
402	public community college or state university within 50 miles of
403	the military establishment where they are stationed, if such
404	military establishment is within a county contiguous to Florida.
405	(c)  United States citizens living on the Isthmus of
406	Panama, who have completed 12 consecutive months of college work
407	at the Florida State University Panama Canal Branch, and their
408	spouses and dependent children.
409	(d)  Full-time instructional and administrative personnel
410	employed by state public schools, community colleges, and
411	institutions of higher education, as defined in s. 1000.04, and
412	their spouses and dependent children.
413	(e)  Students from Latin America and the Caribbean who
414	receive scholarships from the federal or state government. Any
415	student classified pursuant to this paragraph shall attend, on a
416	full-time basis, a Florida institution of higher education.
417	(f)  Southern Regional Education Board's Academic Common
418	Market graduate students attending Florida's state universities.
419	(g)  Full-time employees of state agencies or political
420	subdivisions of the state when the student fees are paid by the
421	state agency or political subdivision for the purpose of job-
422	related law enforcement or corrections training.
423	(h)  McKnight Doctoral Fellows and Finalists who are United
424	States citizens.
425	(i)  United States citizens living outside the United
426	States who are teaching at a Department of Defense Dependent
427	School or in an American International School and who enroll in
428	a graduate level education program which leads to a Florida
429	teaching certificate.
430	(j)  Active duty members of the Canadian military residing
431	or stationed in this state under the North American Air Defense
432	(NORAD) agreement, and their spouses and dependent children,
433	attending a community college or state university within 50
434	miles of the military establishment where they are stationed.
435	(k)  Active duty members of a foreign nation's military who
436	are serving as liaison officers and are residing or stationed in
437	this state, and their spouses and dependent children, attending
438	a community college or state university within 50 miles of the
439	military establishment where the foreign liaison officer is
440	stationed.
441	(11)  The State Board of Education and the Board of
442	Governors shall adopt rules to implement this section.
443	Section 6.  Subsection (6) of section 1009.22, Florida
444	Statutes, is amended to read:
445	1009.22  Workforce education postsecondary student fees.--
446	(6)  Each district school board and community college board
447	of trustees may establish a separate fee for capital
448	improvements, technology enhancements, or equipping buildings
449	which may not exceed 5 percent of tuition for resident students
450	or 5 percent of tuition and out-of-state fees for nonresident
451	students. Funds collected by community colleges through these
452	fees may be bonded only for the purpose of financing or
453	refinancing new construction and equipment, renovation, or
454	remodeling of educational facilities. The fee shall be collected
455	as a component part of the tuition and fees, paid into a
456	separate account, and expended only to construct and equip,
457	maintain, improve, or enhance the certificate career education
458	or adult education facilities of the school district or
459	community college. Projects funded through the use of the
460	capital improvement fee must meet the survey and construction
461	requirements of chapter 1013. Pursuant to s. 216.0158, each
462	district school board and community college board of trustees
463	shall identify each project, including maintenance projects,
464	proposed to be funded in whole or in part by such fee. Capital
465	improvement fee revenues may be pledged by a board of trustees
466	as a dedicated revenue source to the repayment of debt,
467	including lease-purchase agreements and revenue bonds, with a
468	term not to exceed 20 years, and not to exceed the useful life
469	of the asset being financed, only for the new construction and
470	equipment, renovation, or remodeling of educational facilities.
471	Community colleges may use the services of the Division of Bond
472	Finance of the State Board of Administration to issue any bonds
473	authorized through the provisions of this subsection. Any such
474	bonds issued by the Division of Bond Finance shall be in
475	compliance with the provisions of the State Bond Act. Bonds
476	issued pursuant to the State Bond Act shall be validated in the
477	manner provided by chapter 75. The complaint for such validation
478	shall be filed in the circuit court of the county where the seat
479	of state government is situated, the notice required to be
480	published by s. 75.06 shall be published only in the county
481	where the complaint is filed, and the complaint and order of the
482	circuit court shall be served only on the state attorney of the
483	circuit in which the action is pending. A maximum of 15 percent
484	cents per credit hour may be allocated from the capital
485	improvement fee for child care centers conducted by the district
486	school board or community college board of trustees.
487	Section 7.  Subsection (7), paragraphs (a) and (c) of
488	subsection (8), and subsection (12) of section 1009.23, Florida
489	Statutes, are amended to read:
490	1009.23  Community college student fees.--
491	(7)  Each community college board of trustees may establish
492	a separate activity and service fee not to exceed 10 percent of
493	the tuition fee, according to rules of the State Board of
494	Education. The student activity and service fee shall be
495	collected as a component part of the tuition and fees. The
496	student activity and service fees shall be paid into a student
497	activity and service fund at the community college and shall be
498	expended for lawful purposes to benefit the student body in
499	general. These purposes include, but are not limited to, student
500	publications and grants to duly recognized student
501	organizations, the membership of which is open to all students
502	at the community college without regard to race, sex, or
503	religion. No community college shall be required to lower any
504	activity and service fee approved by the board of trustees of
505	the community college and in effect prior to October 26, 2007,
506	in order to comply with the provisions of this subsection.
507	(8)(a)  Each community college board of trustees is
508	authorized to establish a separate fee for financial aid
509	purposes in an additional amount up to, but not to exceed, 5
510	percent of the total student tuition or out-of-state fees
511	collected. Each community college board of trustees may collect
512	up to an additional 2 percent if the amount generated by the
513	total financial aid fee is less than $500,000 $250,000. If the
514	amount generated is less than $500,000 $250,000, a community
515	college that charges tuition and out-of-state fees at least
516	equal to the average fees established by rule may transfer from
517	the general current fund to the scholarship fund an amount equal
518	to the difference between $500,000 $250,000 and the amount
519	generated by the total financial aid fee assessment. No other
520	transfer from the general current fund to the loan, endowment,
521	or scholarship fund, by whatever name known, is authorized.
522	(c)  Up to 25 percent or $600,000 $300,000, whichever is
523	greater, of the financial aid fees collected may be used to
524	assist students who demonstrate academic merit; who participate
525	in athletics, public service, cultural arts, and other
526	extracurricular programs as determined by the institution; or
527	who are identified as members of a targeted gender or ethnic
528	minority population. The financial aid fee revenues allocated
529	for athletic scholarships and fee exemptions provided pursuant
530	to s. 1009.25(3) for athletes shall be distributed equitably as
531	required by s. 1000.05(3)(d). A minimum of 75 percent of the
532	balance of these funds for new awards shall be used to provide
533	financial aid based on absolute need, and the remainder of the
534	funds shall be used for academic merit purposes and other
535	purposes approved by the boards of trustees. Such other purposes
536	shall include the payment of child care fees for students with
537	financial need. The State Board of Education shall develop
538	criteria for making financial aid awards. Each college shall
539	report annually to the Department of Education on the revenue
540	collected pursuant to this paragraph, the amount carried
541	forward, the criteria used to make awards, the amount and number
542	of awards for each criterion, and a delineation of the
543	distribution of such awards. The report shall include an
544	assessment by category of the financial need of every student
545	who receives an award, regardless of the purpose for which the
546	award is received. Awards which are based on financial need
547	shall be distributed in accordance with a nationally recognized
548	system of need analysis approved by the State Board of
549	Education. An award for academic merit shall require a minimum
550	overall grade point average of 3.0 on a 4.0 scale or the
551	equivalent for both initial receipt of the award and renewal of
552	the award.
553	(12)(a)  In addition to tuition, out-of-state, financial
554	aid, capital improvement, student activity and service, and
555	technology fees authorized in this section, each community
556	college board of trustees is authorized to establish fee
557	schedules for the following user fees and fines: laboratory
558	fees; parking fees and fines; library fees and fines; fees and
559	fines relating to facilities and equipment use or damage; access
560	or identification card fees; duplicating, photocopying, binding,
561	or microfilming fees; standardized testing fees; diploma
562	replacement fees; transcript fees; application fees; graduation
563	fees; and late fees related to registration and payment. Such
564	user fees and fines shall not exceed the cost of the services
565	provided and shall only be charged to persons receiving the
566	service. A community college may not charge any fee except as
567	authorized by law or rules of the State Board of Education.
568	Parking fee revenues may be pledged by a community college board
569	of trustees as a dedicated revenue source for the repayment of
570	debt, including lease-purchase agreements and revenue bonds with
571	terms not exceeding 20 years and not exceeding the useful life
572	of the asset being financed. Community colleges shall use the
573	services of the Division of Bond Finance of the State Board of
574	Administration to issue any revenue bonds authorized by the
575	provisions of this subsection. Any such bonds issued by the
576	Division of Bond Finance shall be in compliance with the
577	provisions of the State Bond Act. Bonds issued pursuant to the
578	State Bond Act shall be validated in the manner established in
579	chapter 75. The complaint for such validation shall be filed in
580	the circuit court of the county where the seat of state
581	government is situated, the notice required to be published by
582	s. 75.06 shall be published only in the county where the
583	complaint is filed, and the complaint and order of the circuit
584	court shall be served only on the state attorney of the circuit
585	in which the action is pending.
586	(b)  The State Board of Education may adopt rules pursuant
587	to ss. 120.536(1) and 120.54 to administer the provisions of
588	this subsection.
589	Section 8.  Subsections (4), (7), and (16) of section
590	1009.24, Florida Statutes, as amended by chapter 2007-329, Laws
591	of Florida, are amended to read:
592	1009.24  State university student fees.--
593	(4)(a)1.  Effective January 1, 2008, the resident
594	undergraduate tuition for lower-level and upper-level coursework
595	shall be $77.39 per credit hour.
596	2.(b)  Beginning with the 2008-2009 fiscal year and each
597	year thereafter, the resident undergraduate tuition per credit
598	hour shall increase at the beginning of each fall semester at a
599	rate equal to inflation, unless otherwise provided in the
600	General Appropriations Act. The Office of Economic and
601	Demographic Research shall report the rate of inflation to the
602	President of the Senate, the Speaker of the House of
603	Representatives, the Governor, and the Board of Governors each
604	year prior to March 1. For purposes of this subparagraph
605	paragraph, the rate of inflation shall be defined as the rate of
606	the 12-month percentage change in the Consumer Price Index for
607	All Urban Consumers, U.S. City Average, All Items, or successor
608	reports as reported by the United States Department of Labor,
609	Bureau of Labor Statistics, or its successor for December of the
610	previous year. In the event the percentage change is negative,
611	the resident undergraduate tuition shall remain at the same
612	level as the prior fiscal year.
613	3.  The Board of Governors, or the board's designee, may
614	establish the out-of-state fee for undergraduate courses. The
615	sum of the undergraduate tuition and the out-of-state fee
616	assessed to nonresident students for undergraduate courses must
617	be sufficient to offset the full instructional cost of serving
618	such students. However, adjustments to the out-of-state fee
619	pursuant to this subparagraph may not exceed 10 percent in any
620	year.
621	(b)(c)  The Board of Governors, or the board's designee,
622	may establish tuition for graduate tuition and professional
623	programs, and the out-of-state fee fees for graduate-level
624	courses all programs. The sum of graduate tuition and the out-
625	of-state fee fees assessed to nonresident students for graduate-
626	level courses must be sufficient to offset the full
627	instructional cost of serving such students. However,
628	adjustments to the out-of-state fee fees or graduate tuition for
629	graduate and professional programs pursuant to this paragraph
630	section may not exceed 10 percent in any year.
631	(c)  Each university board of trustees may establish
632	tuition and the out-of-state fee for each professional program
633	offered by the university. The sum of tuition and the out-of-
634	state fee assessed to nonresident students in professional
635	programs must be sufficient to offset the full instructional
636	cost of serving such students. Adjustments to tuition or the
637	out-of-state fee for any student who was enrolled in a
638	professional program prior to the Fall 2008 term and maintains
639	continuous enrollment in good academic standing in such program
640	as determined by the university may not exceed 10 percent in any
641	year.
642	(d)  The sum of the activity and service, health, and
643	athletic fees a student is required to pay to register for a
644	course shall not exceed 40 percent of the tuition established in
645	law or in the General Appropriations Act. No university shall be
646	required to lower any fee in effect on the effective date of
647	this act in order to comply with this paragraph subsection.
648	Within the 40 percent cap, universities may not increase the
649	aggregate sum of activity and service, health, and athletic fees
650	more than 5 percent per year unless specifically authorized in
651	law or in the General Appropriations Act. A university may
652	increase its athletic fee to defray the costs associated with
653	changing National Collegiate Athletic Association divisions. Any
654	such increase in the athletic fee may exceed both the 40 percent
655	cap and the 5 percent cap imposed by this paragraph subsection.
656	Any such increase must be approved by the athletic fee committee
657	in the process outlined in subsection (12) and cannot exceed $2
658	per credit hour. Notwithstanding the provisions of ss. 1009.534,
659	1009.535, and 1009.536, that portion of any increase in an
660	athletic fee pursuant to this paragraph subsection that causes
661	the sum of the activity and service, health, and athletic fees
662	to exceed the 40 percent cap or the annual increase in such fees
663	to exceed the 5 percent cap shall not be included in calculating
664	the amount a student receives for a Florida Academic Scholars
665	award, a Florida Medallion Scholars award, or a Florida Gold
666	Seal Vocational Scholars award.
667	(e)  This subsection does not prohibit a university from
668	increasing or assessing optional fees related to specific
669	activities if payment of such fees is not required as a part of
670	registration for courses.
671	(7)  A university board of trustees is authorized to
672	collect for financial aid purposes an amount not to exceed 5
673	percent of the tuition and the out-of-state fee. The revenues
674	from fees are to remain at each campus and replace existing
675	financial aid fees. Such funds shall be disbursed to students as
676	quickly as possible. A minimum of 75 percent of funds from the
677	student financial aid fee for new financial aid awards shall be
678	used to provide financial aid based on absolute need. A student
679	who has received an award prior to July 1, 1984, shall have his
680	or her eligibility assessed on the same criteria that were used
681	at the time of his or her original award. The Board of Governors
682	shall develop criteria for making financial aid awards. Each
683	university shall report annually to the Board of Governors and
684	the Department of Education on the revenue collected pursuant to
685	this subsection, the amount carried forward, the criteria used
686	to make awards, the amount and number of awards for each
687	criterion, and a delineation of the distribution of such awards.
688	The report shall include an assessment by category of the
689	financial need of every student who receives an award,
690	regardless of the purpose for which the award is received.
691	Awards which are based on financial need shall be distributed in
692	accordance with a nationally recognized system of need analysis
693	approved by the Board of Governors. An award for academic merit
694	shall require a minimum overall grade point average of 3.0 on a
695	4.0 scale or the equivalent for both initial receipt of the
696	award and renewal of the award.
697	(16)  The Board of Governors may establish a uniform
698	maximum undergraduate tuition differential that does not exceed
699	40 percent of tuition for all universities that meet the
700	criteria for Funding Level 1 under s. 1004.635(3), and may
701	establish a uniform maximum undergraduate tuition differential
702	that does not exceed 30 percent of tuition for all universities
703	that have total research and development expenditures for all
704	fields of at least $100 million per year as reported annually to
705	the National Science Foundation meet the criteria for Funding
706	Level 2 under s. 1004.635(3). However, the board shall ensure
707	that the maximum tuition differential it establishes for
708	universities meeting the Funding Level 1 criteria is at least 30
709	percent greater than the maximum tuition differential the board
710	establishes for universities that meet the required Funding
711	Level 2 criteria for research and development expenditures. The
712	tuition differential is subject to the following conditions:
713	(a)  The sum of tuition and the tuition differential may
714	not be increased by more than 15 percent of the total charged
715	for these fees in the preceding fiscal year.
716	(b)  The tuition differential may not be calculated as a
717	part of the scholarship programs established in ss. 1009.53-
718	1009.537.
719	(c)  Beneficiaries having prepaid tuition contracts
720	pursuant to s. 1009.98(2)(b) which were in effect on July 1,
721	2008 2007, and which remain in effect, are exempt from the
722	payment of the tuition differential.
723	(d)  The tuition differential may not be charged to any
724	student who was in attendance at the university before July 1,
725	2007, and who maintains continuous enrollment.
726	(e)  The tuition differential may be waived by the
727	university for students who meet the eligibility requirements
728	for the Florida public student assistance grant established in
729	s. 1009.50.
730	(f)  A university board of trustees that has been
731	authorized by the Board of Governors to establish a tuition
732	differential pursuant to this subsection may establish the
733	tuition differential at a rate lower than the maximum tuition
734	differential established by the board, but may not exceed the
735	maximum tuition differential established by the board.
736	(g)  The revenue generated from the tuition differential
737	must be spent solely for improving the quality of direct
738	undergraduate instruction and support services.
739	(h)  Information relating to the annual receipt and
740	expenditure of the proceeds from the assessment of the tuition
741	differential shall be reported by the university in accordance
742	with guidelines established by the Board of Governors.
743	Section 9.  Subsection (3) of section 1009.25, Florida
744	Statutes, is amended to read:
745	1009.25  Fee exemptions.--
746	(3)  At the discretion of the community college board of
747	trustees, each community college is authorized to grant student
748	fee exemptions from all fees authorized in s. 1009.23 adopted by
749	the State Board of Education and the community college board of
750	trustees for up to 0.5 percent of the community college's prior
751	year fee-paying full-time equivalent students or 54 40 full-time
752	equivalent students, whichever is greater at each institution. A
753	"fee-paying student" means a student enrolled in college-
754	preparatory courses, an associate in arts degree program, an
755	associate in science degree program, career-preparatory
756	instruction, an educator preparation institute, or a
757	baccalaureate degree program.
758	Section 10.  Subsection (1) of section 1009.265, Florida
759	Statutes, is amended to read:
760	1009.265  State employee fee waivers.--
761	(1)  As a benefit to the employer and employees of the
762	state, subject to approval by an employee's agency head or the
763	equivalent, each state university and community college shall
764	waive tuition and fees for state employees to enroll for up to 6
765	credit hours of courses, including distance learning or online
766	courses, per term on a space-available basis. The employee must
767	have the approval of his or her supervisor to use the waiver to
768	take a course or courses during normal work hours. For purposes
769	of implementing this section, the space available in a course is
770	to be determined based on the number of seats or capacity
771	remaining in the course at the end of the drop-add period. State
772	employee fee waivers may not be used for dissertation, thesis,
773	directed individual study (DIS), or other one-to-one
774	instruction.
775	Section 11.  Section 1009.286, Florida Statutes, is created
776	to read:
777	1009.286  Additional student payment required for hours
778	exceeding graduation requirements.--
779	(1)  It is the intent of the Legislature to encourage each
780	undergraduate student who enrolls in a state university to
781	complete the student's respective degree program in the most
782	efficient way possible while, at the same time, providing for
783	access to additional college coursework. The Legislature
784	therefore intends to enact a policy that provides incentives for
785	efficient degree completion and requires a student to pay an
786	excess hour surcharge equal to 50 percent of the tuition rate
787	for each credit hour in excess of 120 percent of the number of
788	credit hours required to complete the degree program in which he
789	or she is enrolled.
790	(2)  The provisions of this section shall become effective
791	for students who enter a community college or a state university
792	for the first time in the 2008-2009 academic year and
793	thereafter.
794	(3)  Except as otherwise provided by law and for purposes
795	of this section, the following hours shall be included when
796	calculating the number of hours taken by a student:
797	(a)  All credit hours for courses taken at the state
798	university from which the student is seeking a degree, including
799	repeated courses and failed courses, except as provided in s.
800	1009.285, and courses that are dropped after the university's
801	advertised last day of the drop and add period.
802	(b)  All credit hours earned at another institution and
803	accepted for transfer by the state university toward the
804	student's undergraduate degree.
805	(4)  For purposes of this section, credit hours earned
806	under the following circumstances are not calculated as hours
807	required to earn a degree:
808	(a)  College credits earned through an articulated
809	accelerated mechanism identified in s. 1007.27.
810	(b)  Credit hours earned through internship programs.
811	(c)  Credit hours required for certification,
812	recertification, or certificate programs.
813	(d)  Credit hours in courses from which a student must
814	withdraw due to reasons of medical or personal hardship.
815	(e)  Credit hours taken by active-duty military personnel.
816	(f)  Credit hours required to achieve a dual major
817	undertaken while pursuing a degree.
818	(g)  Remedial and English as a Second Language credit
819	hours.
820	(h)  Credit hours earned in military science courses
821	(R.O.T.C.).
822	(5)  Each postsecondary institution shall implement a
823	process for notifying students regarding this section. The
824	notice must be provided upon the student's initial enrollment in
825	the institution and again upon the student's having earned the
826	credit hours required to complete the degree program in which he
827	or she is enrolled. The notice must include a recommendation
828	that each student who intends to earn credit hours at the
829	institution beyond those required for his or her enrolled degree
830	program meet with his or her academic advisor.
831	(6)  A student may be granted an exemption from the excess
832	hour surcharge imposed pursuant to this section only if an
833	appeal has been granted by the state university based upon
834	documented extenuating circumstances.
835	Section 12.  Paragraph (b) of subsection (2) of section
836	1009.98, Florida Statutes, is amended to read:
837	1009.98  Stanley G. Tate Florida Prepaid College Program.--
838	(2)  PREPAID COLLEGE PLANS.--At a minimum, the board shall
839	make advance payment contracts available for two independent
840	plans to be known as the community college plan and the
841	university plan. The board may also make advance payment
842	contracts available for a dormitory residence plan. The board
843	may restrict the number of participants in the community college
844	plan, university plan, and dormitory residence plan,
845	respectively. However, any person denied participation solely on
846	the basis of such restriction shall be granted priority for
847	participation during the succeeding year.
848	(b)1.  Through the university plan, the advance payment
849	contract shall provide prepaid registration fees for a specified
850	number of undergraduate semester credit hours not to exceed the
851	average number of hours required for the conference of a
852	baccalaureate degree. Qualified beneficiaries shall bear the
853	cost of any laboratory fees associated with enrollment in
854	specific courses. Each qualified beneficiary shall be classified
855	as a resident for tuition purposes pursuant to s. 1009.21,
856	regardless of his or her actual legal residence.
857	2.  Effective July 1, 1998, the board may provide advance
858	payment contracts for additional fees delineated in s.
859	1009.24(9)-(12)(8)-(11), for a specified number of undergraduate
860	semester credit hours not to exceed the average number of hours
861	required for the conference of a baccalaureate degree, in
862	conjunction with advance payment contracts for registration
863	fees. Such contracts shall provide prepaid coverage for the sum
864	of such fees, to a maximum of 45 percent of the cost of
865	registration fees. University plan contracts purchased prior to
866	July 1, 1998, shall be limited to the payment of registration
867	fees as defined in s. 1009.97.
868	3.  Effective July 1, 2007, the board may provide advance
869	payment contracts for the tuition differential authorized in s.
870	1009.24(16)(15) for a specified number of undergraduate semester
871	credit hours, which may not exceed the average number of hours
872	required for the conference of a baccalaureate degree, in
873	conjunction with advance payment contracts for registration
874	fees.
875	Section 13.  Subsection (5) of section 1011.48, Florida
876	Statutes, is amended to read:
877	1011.48  Establishment of educational research centers for
878	child development.--
879	(5)  Each educational research center for child development
880	shall be funded by a portion of the Capital Improvement Trust
881	Fund fee established by the Board of Governors pursuant to s.
882	1009.24(8)(7). Each university that establishes a center shall
883	receive a portion of such fees collected from the students
884	enrolled at that university, usable only at that university,
885	equal to 22.5 cents per student per credit hour taken per term,
886	based on the summer term and fall and spring semesters. This
887	allocation shall be used by the university only for the
888	establishment and operation of a center as provided by this
889	section and rules adopted hereunder. Said allocation may be made
890	only after all bond obligations required to be paid from such
891	fees have been met.
892	Section 14.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.