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; amending ss. |
39 | 1009.98 and 1011.48, F.S.; conforming cross-references; |
40 | amending s. 196.192, F.S.; specifying educational |
41 | institutions as exempt entities for purposes of exemptions |
42 | from ad valorem taxation for property owned by exempt |
43 | entities; providing an effective date. |
44 |
|
45 | Be It Enacted by the Legislature of the State of Florida: |
46 |
|
47 | Section 1. Subsection (4) of section 216.136, Florida |
48 | Statutes, is amended to read: |
49 | 216.136 Consensus estimating conferences; duties and |
50 | principals.-- |
51 | (4) EDUCATION ESTIMATING CONFERENCE.-- |
52 | (a) The Education Estimating Conference shall develop such |
53 | official information relating to the state public and private |
54 | educational system, including forecasts of student enrollments, |
55 | the number of students qualified for state financial aid |
56 | programs, and for the William L. Boyd, IV, Florida Resident |
57 | Access Grant Program, and for the Access to Better Learning and |
58 | Education Grant Program and the appropriation required to fund |
59 | the full award amounts for each program, fixed capital outlay |
60 | needs, and Florida Education Finance Program formula needs, as |
61 | the conference determines is needed for the state planning and |
62 | budgeting system. |
63 | (b) The conference's initial projections of enrollments in |
64 | public schools shall be forwarded by the conference to each |
65 | school district no later than 2 months prior to the start of the |
66 | regular session of the Legislature. Each school district may, in |
67 | writing, request adjustments to the initial projections. Any |
68 | adjustment request shall be submitted to the conference no later |
69 | than 1 month prior to the start of the regular session of the |
70 | Legislature and shall be considered by the principals of the |
71 | conference. A school district may amend its adjustment request, |
72 | in writing, during the first 3 weeks of the legislative session, |
73 | and such amended adjustment request shall be considered by the |
74 | principals of the conference. For any adjustment so requested, |
75 | the district shall indicate and explain, using definitions |
76 | adopted by the conference, the components of anticipated |
77 | enrollment changes that correspond to continuation of current |
78 | programs with workload changes; program improvement; program |
79 | reduction or elimination; initiation of new programs; and any |
80 | other information that may be needed by the Legislature. For |
81 | public schools, the conference shall submit its full-time |
82 | equivalent student consensus estimate to the Legislature no |
83 | later than 1 month after the start of the regular session of the |
84 | Legislature. No conference estimate may be changed without the |
85 | agreement of the full conference. |
86 | (c) The conference shall estimate a state-level demand |
87 | pool for postsecondary education that includes all delivery |
88 | systems, public and private. The conference shall calculate the |
89 | level of public postsecondary enrollment from the initial demand |
90 | value. Once the state-level public sector demand has been |
91 | established, the conference shall use current policies and |
92 | relationships to allocate the demand into the appropriate |
93 | delivery systems within the public sector. The conference's |
94 | initial projections of enrollments in public postsecondary |
95 | institutions shall be forwarded by the conference to the State |
96 | Board of Education and the Board of Governors no later than 2 |
97 | months prior to the start of the regular session of the |
98 | Legislature for distribution to their respective institutions. |
99 | Each institution may, in writing, request adjustments to the |
100 | initial projections. Any adjustment request shall be submitted |
101 | to the conference no later than 1 month prior to the start of |
102 | the regular session of the Legislature and shall be considered |
103 | by the principals of the conference. A public postsecondary |
104 | institution may amend its adjustment request, in writing, during |
105 | the first 3 weeks of the legislative session, and such amended |
106 | adjustment request shall be considered by the principals of the |
107 | conference. For any adjustment so requested, the institution |
108 | shall indicate and explain, using definitions adopted by the |
109 | conference, the components of anticipated enrollment changes |
110 | that correspond to continuation of current programs with |
111 | workload changes; program improvement; program reduction or |
112 | elimination; initiation of new programs; and any other |
113 | information that may be needed by the Legislature. The |
114 | conference shall submit its full-time equivalent student |
115 | consensus estimate for public postsecondary education to the |
116 | Legislature no later than 1 month after the start of the regular |
117 | session of the Legislature. No conference estimate may be |
118 | changed without the agreement of the full conference. |
119 | (d)(b) No later than 2 months prior to the start of the |
120 | regular session of the Legislature, the conference shall forward |
121 | to each eligible postsecondary education institution its initial |
122 | projections of the number of students qualified for state |
123 | financial aid programs and the appropriation required to fund |
124 | those students at the full award amount. Each postsecondary |
125 | education institution may request, in writing, adjustments to |
126 | the initial projection. Any adjustment request must be submitted |
127 | to the conference no later than 1 month prior to the start of |
128 | the regular session of the Legislature and shall be considered |
129 | by the principals of the conference. For any adjustment so |
130 | requested, the postsecondary education institution shall |
131 | indicate and explain, using definitions adopted by the |
132 | conference, the components of anticipated changes that |
133 | correspond to continuation of current programs with enrollment |
134 | changes, program reduction or elimination, initiation of new |
135 | programs, award amount increases or decreases, and any other |
136 | information that is considered by the conference. The conference |
137 | shall submit its consensus estimate to the Legislature no later |
138 | than 1 month after the start of the regular session of the |
139 | Legislature. No conference estimate may be changed without the |
140 | agreement of the full conference. |
141 | Section 2. Subsection (1) of section 1005.32, Florida |
142 | Statutes, is amended to read: |
143 | 1005.32 Licensure by means of accreditation.-- |
144 | (1) An independent postsecondary educational institution |
145 | that meets the following criteria may apply for a license by |
146 | means of accreditation from the commission: |
147 | (a) The institution has operated legally in this state for |
148 | at least 5 consecutive years. |
149 | (b) The institution holds institutional accreditation by |
150 | an accrediting agency evaluated and approved by the commission |
151 | as having standards substantially equivalent to the commission's |
152 | licensure standards. |
153 | (c) The institution has no unresolved complaints or |
154 | actions in the past 12 months. |
155 | (d) The institution meets minimum requirements for |
156 | financial responsibility as determined by the commission. |
157 | (e) The institution is a Florida corporation. |
158 | Section 3. Subsection (7) of section 1007.24, Florida |
159 | Statutes, is amended to read: |
160 | 1007.24 Statewide course numbering system.-- |
161 | (7) Any student who transfers among postsecondary |
162 | institutions that are fully accredited by a regional or national |
163 | accrediting agency recognized by the United States Department of |
164 | Education and that participate in the statewide course numbering |
165 | system shall be awarded credit by the receiving institution for |
166 | courses satisfactorily completed by the student at the previous |
167 | institutions. Credit shall be awarded if the courses are judged |
168 | by the appropriate statewide course numbering system faculty |
169 | committees representing school districts, public postsecondary |
170 | educational institutions, and participating nonpublic |
171 | postsecondary educational institutions to be academically |
172 | equivalent to courses offered at the receiving institution, |
173 | including equivalency of faculty credentials, regardless of the |
174 | United States Department of Education recognized accrediting |
175 | agency and public or nonpublic control of the previous |
176 | institution. The Department of Education shall ensure that |
177 | credits to be accepted by a receiving institution are generated |
178 | in courses for which the faculty possess credentials that are |
179 | comparable to those required by the accrediting association of |
180 | the receiving institution. The award of credit may be limited to |
181 | courses that are entered in the statewide course numbering |
182 | system. Credits awarded pursuant to this subsection shall |
183 | satisfy institutional requirements on the same basis as credits |
184 | awarded to native students. |
185 | Section 4. Subsection (3) of section 1009.01, Florida |
186 | Statutes, is amended, and subsections (4), (5), and (6) are |
187 | added to that section, to read: |
188 | 1009.01 Definitions.--The term: |
189 | (3) "Tuition differential" means the supplemental fee |
190 | charged to a student for instruction provided by a public |
191 | university in this state pursuant to s. 1009.24(16)(15). |
192 | (4) "Undergraduate tuition" means the basic fee charged to |
193 | a student for instruction provided by a state university in a |
194 | lower-level course or in an upper-level course. |
195 | (5) "Graduate tuition" means the basic fee charged to a |
196 | student for instruction provided by a state university in a |
197 | graduate-level course. Graduate-level courses do not include |
198 | courses in professional programs. |
199 | (6) "Professional program" means a program in dentistry, |
200 | law, medicine, pharmacy, or veterinary medicine. |
201 | Section 5. Section 1009.21, Florida Statutes, is amended |
202 | to read: |
203 | 1009.21 Determination of resident status for tuition |
204 | purposes and student eligibility for state financial aid awards |
205 | and tuition assistance grants.-- Students shall be classified as |
206 | residents or nonresidents for the purpose of assessing tuition |
207 | in community colleges and state universities and for the purpose |
208 | of determining student eligibility for state financial aid |
209 | awards and tuition assistance grants. |
210 | (1) As used in this section, the term: |
211 | (a) The term "Dependent child" means any person, whether |
212 | or not living with his or her parent, who is eligible to be |
213 | claimed by his or her parent as a dependent under the federal |
214 | income tax code. |
215 | (b) "Initial enrollment" means the first day of class at |
216 | an institution of higher education. |
217 | (c)(b) The term "Institution of higher education" means |
218 | any public community college or state university or any |
219 | institution eligible to participate in a program established |
220 | pursuant to s. 1009.50, s. 1009.505, s. 1009.51, s. 1009.52, s. |
221 | 1009.53, s. 1009.54, s. 1009.56, s. 1009.57, s. 1009.60, s. |
222 | 1009.62, s. 1009.63, s. 1009.68, s. 1009.72, s. 1009.73, s. |
223 | 1009.76, s. 1009.77, s. 1009.89, or s. 1009.891. |
224 | (d)(c) A "Legal resident" or "resident" means is a person |
225 | who has maintained his or her residence in this state for the |
226 | preceding year, has purchased a home which is occupied by him or |
227 | her as his or her residence, or has established a domicile in |
228 | this state pursuant to s. 222.17. |
229 | (e) "Nonresident for tuition purposes" means a person who |
230 | does not qualify for the in-state tuition rate. |
231 | (f)(d) The term "Parent" means the natural or adoptive |
232 | parent or legal guardian of a dependent child. |
233 | (g)(e) A "Resident for tuition purposes" means is a person |
234 | who qualifies as provided in subsection (2) for the in-state |
235 | tuition rate; a "nonresident for tuition purposes" is a person |
236 | who does not qualify for the in-state tuition rate. |
237 | (2)(a) To qualify as a resident for tuition purposes: |
238 | 1. A person or, if that person is a dependent child, his |
239 | or her parent or parents must have established legal residence |
240 | in this state and must have maintained legal residence in this |
241 | state for at least 12 consecutive months immediately prior to |
242 | his or her initial enrollment in an institution of higher |
243 | education qualification. Legal residence must be established by |
244 | written or electronic verification that includes two or more of |
245 | the following Florida documents that demonstrate clear and |
246 | convincing evidence of continuous residence in the state for at |
247 | least 12 consecutive months prior to the student's initial |
248 | enrollment in an institution of higher education: a voter |
249 | information card pursuant to s. 97.071; a driver's license; an |
250 | identification card issued by the State of Florida; a vehicle |
251 | registration; a declaration of domicile; proof of purchase of a |
252 | permanent home; a transcript from a Florida high school; a |
253 | Florida high school equivalency diploma and transcript; proof of |
254 | permanent full-time employment; proof of 12 consecutive months |
255 | of payment of utility bills; a domicile lease and proof of 12 |
256 | consecutive months of payments; or other official state or court |
257 | documents evidencing legal ties to Florida. No single piece of |
258 | evidence shall be conclusive. |
259 | 2. Every applicant for admission to an institution of |
260 | higher education shall be required to make a statement as to his |
261 | or her length of residence in the state and, further, shall |
262 | establish that his or her presence or, if the applicant is a |
263 | dependent child, the presence of his or her parent or parents in |
264 | the state currently is, and during the requisite 12-month |
265 | qualifying period was, for the purpose of maintaining a bona |
266 | fide domicile, rather than for the purpose of maintaining a mere |
267 | temporary residence or abode incident to enrollment in an |
268 | institution of higher education. |
269 | (b) However, with respect to a dependent child living with |
270 | an adult relative other than the child's parent, such child may |
271 | qualify as a resident for tuition purposes if the adult relative |
272 | is a legal resident who has maintained legal residence in this |
273 | state for at least 12 consecutive months immediately prior to |
274 | the child's initial enrollment in an institution of higher |
275 | education qualification, provided the child has resided |
276 | continuously with such relative for the 5 years immediately |
277 | prior to the child's initial enrollment qualification, during |
278 | which time the adult relative has exercised day-to-day care, |
279 | supervision, and control of the child. |
280 | (c) The legal residence of a dependent child whose parents |
281 | are divorced, separated, or otherwise living apart will be |
282 | deemed to be this state if either parent is a legal resident of |
283 | this state, regardless of which parent is entitled to claim, and |
284 | does in fact claim, the minor as a dependent pursuant to federal |
285 | individual income tax provisions. |
286 | (d) A person who is classified as a nonresident for |
287 | tuition purposes may become eligible for reclassification as a |
288 | resident for tuition purposes if that person or, if that person |
289 | is a dependent child, his or her parent presents clear and |
290 | convincing evidence that supports permanent residency in this |
291 | state rather than temporary residency for the purpose of |
292 | pursuing an education, such as documentation of full-time |
293 | permanent employment for the prior 12 months or the purchase of |
294 | a home in this state and residence therein for the prior 12 |
295 | months. If a person who is a dependent child and his or her |
296 | parent move to this state while such child is a high school |
297 | student and the child graduates from a high school in this |
298 | state, the child may become eligible for reclassification as a |
299 | resident for tuition purposes when the parent qualifies for |
300 | permanent residency. |
301 | (3)(a) An individual shall not be classified as a resident |
302 | for tuition purposes and, thus, shall not be eligible to receive |
303 | the in-state tuition rate until he or she has provided such |
304 | evidence related to legal residence and its duration or, if that |
305 | individual is a dependent child, documentation of his or her |
306 | parent's legal residence and its duration, as well as |
307 | documentation confirming his or her status as a dependent child, |
308 | as may be required by law and by officials of the institution of |
309 | higher education from which he or she seeks the in-state tuition |
310 | rate. The documentation shall provide clear and convincing |
311 | evidence that residency in this state was for a minimum of 12 |
312 | consecutive months prior to the student's initial enrollment in |
313 | an institution of higher education. No single piece of evidence |
314 | shall be conclusive. |
315 | (b) Each institution of higher learning shall: |
316 | 1. Determine whether an applicant who has been granted |
317 | admission to that institution is a dependent child. |
318 | 2. Affirmatively determine that an applicant who has been |
319 | granted admission to that institution as a Florida resident |
320 | meets the residency requirements of this section at the time of |
321 | initial enrollment. |
322 | (4) With respect to a dependent child, the legal residence |
323 | of such individual's parent or parents is prima facie evidence |
324 | of the individual's legal residence, which evidence may be |
325 | reinforced or rebutted, relative to the age and general |
326 | circumstances of the individual, by the other evidence of legal |
327 | residence required of or presented by the individual. However, |
328 | the legal residence of an individual whose parent or parents are |
329 | domiciled outside this state is not prima facie evidence of the |
330 | individual's legal residence if that individual has lived in |
331 | this state for 5 consecutive years prior to enrolling or |
332 | reregistering at the institution of higher education at which |
333 | resident status for tuition purposes is sought. |
334 | (5) In making a domiciliary determination related to the |
335 | classification of a person as a resident or nonresident for |
336 | tuition purposes, the domicile of a married person, irrespective |
337 | of sex, shall be determined, as in the case of an unmarried |
338 | person, by reference to all relevant evidence of domiciliary |
339 | intent. For the purposes of this section: |
340 | (a) A person shall not be precluded from establishing or |
341 | maintaining legal residence in this state and subsequently |
342 | qualifying or continuing to qualify as a resident for tuition |
343 | purposes solely by reason of marriage to a person domiciled |
344 | outside this state, even when that person's spouse continues to |
345 | be domiciled outside of this state, provided such person |
346 | maintains his or her legal residence in this state. |
347 | (b) A person shall not be deemed to have established or |
348 | maintained a legal residence in this state and subsequently to |
349 | have qualified or continued to qualify as a resident for tuition |
350 | purposes solely by reason of marriage to a person domiciled in |
351 | this state. |
352 | (c) In determining the domicile of a married person, |
353 | irrespective of sex, the fact of the marriage and the place of |
354 | domicile of such person's spouse shall be deemed relevant |
355 | evidence to be considered in ascertaining domiciliary intent. |
356 | (6) Any nonresident person, irrespective of sex, who |
357 | marries a legal resident of this state or marries a person who |
358 | later becomes a legal resident may, upon becoming a legal |
359 | resident of this state, accede to the benefit of the spouse's |
360 | immediately precedent duration as a legal resident for purposes |
361 | of satisfying the 12-month durational requirement of this |
362 | section. |
363 | (7) A person shall not lose his or her resident status for |
364 | tuition purposes solely by reason of serving, or, if such person |
365 | is a dependent child, by reason of his or her parent's or |
366 | parents' serving, in the Armed Forces outside this state. |
367 | (8) A person who has been properly classified as a |
368 | resident for tuition purposes but who, while enrolled in an |
369 | institution of higher education in this state, loses his or her |
370 | resident tuition status because the person or, if he or she is a |
371 | dependent child, the person's parent or parents establish |
372 | domicile or legal residence elsewhere shall continue to enjoy |
373 | the in-state tuition rate for a statutory grace period, which |
374 | period shall be measured from the date on which the |
375 | circumstances arose that culminated in the loss of resident |
376 | tuition status and shall continue for 12 months. However, if the |
377 | 12-month grace period ends during a semester or academic term |
378 | for which such former resident is enrolled, such grace period |
379 | shall be extended to the end of that semester or academic term. |
380 | (9) Any person who ceases to be enrolled at or who |
381 | graduates from an institution of higher education while |
382 | classified as a resident for tuition purposes and who |
383 | subsequently abandons his or her domicile in this state shall be |
384 | permitted to reenroll at an institution of higher education in |
385 | this state as a resident for tuition purposes without the |
386 | necessity of meeting the 12-month durational requirement of this |
387 | section if that person has reestablished his or her domicile in |
388 | this state within 12 months of such abandonment and continuously |
389 | maintains the reestablished domicile during the period of |
390 | enrollment. The benefit of this subsection shall not be accorded |
391 | more than once to any one person. |
392 | (10) The following persons shall be classified as |
393 | residents for tuition purposes: |
394 | (a) Active duty members of the Armed Services of the |
395 | United States residing or stationed in this state, their |
396 | spouses, and dependent children, and active members of the |
397 | Florida National Guard who qualify under s. 250.10(7) and (8) |
398 | for the tuition assistance program. |
399 | (b) Active duty members of the Armed Services of the |
400 | United States and their spouses and dependents attending a |
401 | public community college or state university within 50 miles of |
402 | the military establishment where they are stationed, if such |
403 | military establishment is within a county contiguous to Florida. |
404 | (c) United States citizens living on the Isthmus of |
405 | Panama, who have completed 12 consecutive months of college work |
406 | at the Florida State University Panama Canal Branch, and their |
407 | spouses and dependent children. |
408 | (d) Full-time instructional and administrative personnel |
409 | employed by state public schools, community colleges, and |
410 | institutions of higher education, as defined in s. 1000.04, and |
411 | their spouses and dependent children. |
412 | (e) Students from Latin America and the Caribbean who |
413 | receive scholarships from the federal or state government. Any |
414 | student classified pursuant to this paragraph shall attend, on a |
415 | full-time basis, a Florida institution of higher education. |
416 | (f) Southern Regional Education Board's Academic Common |
417 | Market graduate students attending Florida's state universities. |
418 | (g) Full-time employees of state agencies or political |
419 | subdivisions of the state when the student fees are paid by the |
420 | state agency or political subdivision for the purpose of job- |
421 | related law enforcement or corrections training. |
422 | (h) McKnight Doctoral Fellows and Finalists who are United |
423 | States citizens. |
424 | (i) United States citizens living outside the United |
425 | States who are teaching at a Department of Defense Dependent |
426 | School or in an American International School and who enroll in |
427 | a graduate level education program which leads to a Florida |
428 | teaching certificate. |
429 | (j) Active duty members of the Canadian military residing |
430 | or stationed in this state under the North American Air Defense |
431 | (NORAD) agreement, and their spouses and dependent children, |
432 | attending a community college or state university within 50 |
433 | miles of the military establishment where they are stationed. |
434 | (k) Active duty members of a foreign nation's military who |
435 | are serving as liaison officers and are residing or stationed in |
436 | this state, and their spouses and dependent children, attending |
437 | a community college or state university within 50 miles of the |
438 | military establishment where the foreign liaison officer is |
439 | stationed. |
440 | (11) The State Board of Education and the Board of |
441 | Governors shall adopt rules to implement this section. |
442 | Section 6. Subsection (6) of section 1009.22, Florida |
443 | Statutes, is amended to read: |
444 | 1009.22 Workforce education postsecondary student fees.-- |
445 | (6) Each district school board and community college board |
446 | of trustees may establish a separate fee for capital |
447 | improvements, technology enhancements, or equipping buildings |
448 | which may not exceed 5 percent of tuition for resident students |
449 | or 5 percent of tuition and out-of-state fees for nonresident |
450 | students. Funds collected by community colleges through these |
451 | fees may be bonded only for the purpose of financing or |
452 | refinancing new construction and equipment, renovation, or |
453 | remodeling of educational facilities. The fee shall be collected |
454 | as a component part of the tuition and fees, paid into a |
455 | separate account, and expended only to construct and equip, |
456 | maintain, improve, or enhance the certificate career education |
457 | or adult education facilities of the school district or |
458 | community college. Projects funded through the use of the |
459 | capital improvement fee must meet the survey and construction |
460 | requirements of chapter 1013. Pursuant to s. 216.0158, each |
461 | district school board and community college board of trustees |
462 | shall identify each project, including maintenance projects, |
463 | proposed to be funded in whole or in part by such fee. Capital |
464 | improvement fee revenues may be pledged by a board of trustees |
465 | as a dedicated revenue source to the repayment of debt, |
466 | including lease-purchase agreements and revenue bonds, with a |
467 | term not to exceed 20 years, and not to exceed the useful life |
468 | of the asset being financed, only for the new construction and |
469 | equipment, renovation, or remodeling of educational facilities. |
470 | Community colleges may use the services of the Division of Bond |
471 | Finance of the State Board of Administration to issue any bonds |
472 | authorized through the provisions of this subsection. Any such |
473 | bonds issued by the Division of Bond Finance shall be in |
474 | compliance with the provisions of the State Bond Act. Bonds |
475 | issued pursuant to the State Bond Act shall be validated in the |
476 | manner provided by chapter 75. The complaint for such validation |
477 | shall be filed in the circuit court of the county where the seat |
478 | of state government is situated, the notice required to be |
479 | published by s. 75.06 shall be published only in the county |
480 | where the complaint is filed, and the complaint and order of the |
481 | circuit court shall be served only on the state attorney of the |
482 | circuit in which the action is pending. A maximum of 15 percent |
483 | cents per credit hour may be allocated from the capital |
484 | improvement fee for child care centers conducted by the district |
485 | school board or community college board of trustees. |
486 | Section 7. Subsection (7), paragraphs (a) and (c) of |
487 | subsection (8), and subsection (12) of section 1009.23, Florida |
488 | Statutes, are amended to read: |
489 | 1009.23 Community college student fees.-- |
490 | (7) Each community college board of trustees may establish |
491 | a separate activity and service fee not to exceed 10 percent of |
492 | the tuition fee, according to rules of the State Board of |
493 | Education. The student activity and service fee shall be |
494 | collected as a component part of the tuition and fees. The |
495 | student activity and service fees shall be paid into a student |
496 | activity and service fund at the community college and shall be |
497 | expended for lawful purposes to benefit the student body in |
498 | general. These purposes include, but are not limited to, student |
499 | publications and grants to duly recognized student |
500 | organizations, the membership of which is open to all students |
501 | at the community college without regard to race, sex, or |
502 | religion. No community college shall be required to lower any |
503 | activity and service fee approved by the board of trustees of |
504 | the community college and in effect prior to October 26, 2007, |
505 | in order to comply with the provisions of this subsection. |
506 | (8)(a) Each community college board of trustees is |
507 | authorized to establish a separate fee for financial aid |
508 | purposes in an additional amount up to, but not to exceed, 5 |
509 | percent of the total student tuition or out-of-state fees |
510 | collected. Each community college board of trustees may collect |
511 | up to an additional 2 percent if the amount generated by the |
512 | total financial aid fee is less than $500,000 $250,000. If the |
513 | amount generated is less than $500,000 $250,000, a community |
514 | college that charges tuition and out-of-state fees at least |
515 | equal to the average fees established by rule may transfer from |
516 | the general current fund to the scholarship fund an amount equal |
517 | to the difference between $500,000 $250,000 and the amount |
518 | generated by the total financial aid fee assessment. No other |
519 | transfer from the general current fund to the loan, endowment, |
520 | or scholarship fund, by whatever name known, is authorized. |
521 | (c) Up to 25 percent or $600,000 $300,000, whichever is |
522 | greater, of the financial aid fees collected may be used to |
523 | assist students who demonstrate academic merit; who participate |
524 | in athletics, public service, cultural arts, and other |
525 | extracurricular programs as determined by the institution; or |
526 | who are identified as members of a targeted gender or ethnic |
527 | minority population. The financial aid fee revenues allocated |
528 | for athletic scholarships and fee exemptions provided pursuant |
529 | to s. 1009.25(3) for athletes shall be distributed equitably as |
530 | required by s. 1000.05(3)(d). A minimum of 75 percent of the |
531 | balance of these funds for new awards shall be used to provide |
532 | financial aid based on absolute need, and the remainder of the |
533 | funds shall be used for academic merit purposes and other |
534 | purposes approved by the boards of trustees. Such other purposes |
535 | shall include the payment of child care fees for students with |
536 | financial need. The State Board of Education shall develop |
537 | criteria for making financial aid awards. Each college shall |
538 | report annually to the Department of Education on the revenue |
539 | collected pursuant to this paragraph, the amount carried |
540 | forward, the criteria used to make awards, the amount and number |
541 | of awards for each criterion, and a delineation of the |
542 | distribution of such awards. The report shall include an |
543 | assessment by category of the financial need of every student |
544 | who receives an award, regardless of the purpose for which the |
545 | award is received. Awards which are based on financial need |
546 | shall be distributed in accordance with a nationally recognized |
547 | system of need analysis approved by the State Board of |
548 | Education. An award for academic merit shall require a minimum |
549 | overall grade point average of 3.0 on a 4.0 scale or the |
550 | equivalent for both initial receipt of the award and renewal of |
551 | the award. |
552 | (12)(a) In addition to tuition, out-of-state, financial |
553 | aid, capital improvement, student activity and service, and |
554 | technology fees authorized in this section, each community |
555 | college board of trustees is authorized to establish fee |
556 | schedules for the following user fees and fines: laboratory |
557 | fees; parking fees and fines; library fees and fines; fees and |
558 | fines relating to facilities and equipment use or damage; access |
559 | or identification card fees; duplicating, photocopying, binding, |
560 | or microfilming fees; standardized testing fees; diploma |
561 | replacement fees; transcript fees; application fees; graduation |
562 | fees; and late fees related to registration and payment. Such |
563 | user fees and fines shall not exceed the cost of the services |
564 | provided and shall only be charged to persons receiving the |
565 | service. A community college may not charge any fee except as |
566 | authorized by law or rules of the State Board of Education. |
567 | Parking fee revenues may be pledged by a community college board |
568 | of trustees as a dedicated revenue source for the repayment of |
569 | debt, including lease-purchase agreements and revenue bonds with |
570 | terms not exceeding 20 years and not exceeding the useful life |
571 | of the asset being financed. Community colleges shall use the |
572 | services of the Division of Bond Finance of the State Board of |
573 | Administration to issue any revenue bonds authorized by the |
574 | provisions of this subsection. Any such bonds issued by the |
575 | Division of Bond Finance shall be in compliance with the |
576 | provisions of the State Bond Act. Bonds issued pursuant to the |
577 | State Bond Act shall be validated in the manner established in |
578 | chapter 75. The complaint for such validation shall be filed in |
579 | the circuit court of the county where the seat of state |
580 | government is situated, the notice required to be published by |
581 | s. 75.06 shall be published only in the county where the |
582 | complaint is filed, and the complaint and order of the circuit |
583 | court shall be served only on the state attorney of the circuit |
584 | in which the action is pending. |
585 | (b) The State Board of Education may adopt rules pursuant |
586 | to ss. 120.536(1) and 120.54 to administer the provisions of |
587 | this subsection. |
588 | Section 8. Subsections (4), (7), and (16) of section |
589 | 1009.24, Florida Statutes, as amended by chapter 2007-329, Laws |
590 | of Florida, are amended to read: |
591 | 1009.24 State university student fees.-- |
592 | (4)(a)1. Effective January 1, 2008, the resident |
593 | undergraduate tuition for lower-level and upper-level coursework |
594 | shall be $77.39 per credit hour. |
595 | 2.(b) Beginning with the 2008-2009 fiscal year and each |
596 | year thereafter, the resident undergraduate tuition per credit |
597 | hour shall increase at the beginning of each fall semester at a |
598 | rate equal to inflation, unless otherwise provided in the |
599 | General Appropriations Act. The Office of Economic and |
600 | Demographic Research shall report the rate of inflation to the |
601 | President of the Senate, the Speaker of the House of |
602 | Representatives, the Governor, and the Board of Governors each |
603 | year prior to March 1. For purposes of this subparagraph |
604 | paragraph, the rate of inflation shall be defined as the rate of |
605 | the 12-month percentage change in the Consumer Price Index for |
606 | All Urban Consumers, U.S. City Average, All Items, or successor |
607 | reports as reported by the United States Department of Labor, |
608 | Bureau of Labor Statistics, or its successor for December of the |
609 | previous year. In the event the percentage change is negative, |
610 | the resident undergraduate tuition shall remain at the same |
611 | level as the prior fiscal year. |
612 | 3. The Board of Governors, or the board's designee, may |
613 | establish the out-of-state fee for undergraduate courses. The |
614 | sum of the undergraduate tuition and the out-of-state fee |
615 | assessed to nonresident students for undergraduate courses must |
616 | be sufficient to offset the full instructional cost of serving |
617 | such students. However, adjustments to the out-of-state fee |
618 | pursuant to this subparagraph may not exceed 10 percent in any |
619 | year. |
620 | (b)(c) The Board of Governors, or the board's designee, |
621 | may establish tuition for graduate tuition and professional |
622 | programs, and the out-of-state fee fees for graduate-level |
623 | courses all programs. The sum of graduate tuition and the out- |
624 | of-state fee fees assessed to nonresident students for graduate- |
625 | level courses must be sufficient to offset the full |
626 | instructional cost of serving such students. However, |
627 | adjustments to the out-of-state fee fees or graduate tuition for |
628 | graduate and professional programs pursuant to this paragraph |
629 | section may not exceed 10 percent in any year. |
630 | (c) Each university board of trustees may establish |
631 | tuition and the out-of-state fee for each professional program |
632 | offered by the university. The sum of tuition and the out-of- |
633 | state fee assessed to nonresident students in professional |
634 | programs must be sufficient to offset the full instructional |
635 | cost of serving such students. Adjustments to tuition or the |
636 | out-of-state fee for any student who was enrolled in a |
637 | professional program prior to the Fall 2008 term and maintains |
638 | continuous enrollment in good academic standing in such program |
639 | as determined by the university may not exceed 10 percent in any |
640 | year. |
641 | (d) The sum of the activity and service, health, and |
642 | athletic fees a student is required to pay to register for a |
643 | course shall not exceed 40 percent of the tuition established in |
644 | law or in the General Appropriations Act. No university shall be |
645 | required to lower any fee in effect on the effective date of |
646 | this act in order to comply with this paragraph subsection. |
647 | Within the 40 percent cap, universities may not increase the |
648 | aggregate sum of activity and service, health, and athletic fees |
649 | more than 5 percent per year unless specifically authorized in |
650 | law or in the General Appropriations Act. A university may |
651 | increase its athletic fee to defray the costs associated with |
652 | changing National Collegiate Athletic Association divisions. Any |
653 | such increase in the athletic fee may exceed both the 40 percent |
654 | cap and the 5 percent cap imposed by this paragraph subsection. |
655 | Any such increase must be approved by the athletic fee committee |
656 | in the process outlined in subsection (12) and cannot exceed $2 |
657 | per credit hour. Notwithstanding the provisions of ss. 1009.534, |
658 | 1009.535, and 1009.536, that portion of any increase in an |
659 | athletic fee pursuant to this paragraph subsection that causes |
660 | the sum of the activity and service, health, and athletic fees |
661 | to exceed the 40 percent cap or the annual increase in such fees |
662 | to exceed the 5 percent cap shall not be included in calculating |
663 | the amount a student receives for a Florida Academic Scholars |
664 | award, a Florida Medallion Scholars award, or a Florida Gold |
665 | Seal Vocational Scholars award. |
666 | (e) This subsection does not prohibit a university from |
667 | increasing or assessing optional fees related to specific |
668 | activities if payment of such fees is not required as a part of |
669 | registration for courses. |
670 | (7) A university board of trustees is authorized to |
671 | collect for financial aid purposes an amount not to exceed 5 |
672 | percent of the tuition and the out-of-state fee. The revenues |
673 | from fees are to remain at each campus and replace existing |
674 | financial aid fees. Such funds shall be disbursed to students as |
675 | quickly as possible. A minimum of 75 percent of funds from the |
676 | student financial aid fee for new financial aid awards shall be |
677 | used to provide financial aid based on absolute need. A student |
678 | who has received an award prior to July 1, 1984, shall have his |
679 | or her eligibility assessed on the same criteria that were used |
680 | at the time of his or her original award. The Board of Governors |
681 | shall develop criteria for making financial aid awards. Each |
682 | university shall report annually to the Board of Governors and |
683 | the Department of Education on the revenue collected pursuant to |
684 | this subsection, the amount carried forward, the criteria used |
685 | to make awards, the amount and number of awards for each |
686 | criterion, and a delineation of the distribution of such awards. |
687 | The report shall include an assessment by category of the |
688 | financial need of every student who receives an award, |
689 | regardless of the purpose for which the award is received. |
690 | Awards which are based on financial need shall be distributed in |
691 | accordance with a nationally recognized system of need analysis |
692 | approved by the Board of Governors. An award for academic merit |
693 | shall require a minimum overall grade point average of 3.0 on a |
694 | 4.0 scale or the equivalent for both initial receipt of the |
695 | award and renewal of the award. |
696 | (16) The Board of Governors may establish a uniform |
697 | maximum undergraduate tuition differential that does not exceed |
698 | 40 percent of tuition for all universities that meet the |
699 | criteria for Funding Level 1 under s. 1004.635(3), and may |
700 | establish a uniform maximum undergraduate tuition differential |
701 | that does not exceed 30 percent of tuition for all universities |
702 | that have total research and development expenditures for all |
703 | fields of at least $100 million per year as reported annually to |
704 | the National Science Foundation meet the criteria for Funding |
705 | Level 2 under s. 1004.635(3). However, the board shall ensure |
706 | that the maximum tuition differential it establishes for |
707 | universities meeting the Funding Level 1 criteria is at least 30 |
708 | percent greater than the maximum tuition differential the board |
709 | establishes for universities that meet the required Funding |
710 | Level 2 criteria for research and development expenditures. The |
711 | tuition differential is subject to the following conditions: |
712 | (a) The sum of tuition and the tuition differential may |
713 | not be increased by more than 15 percent of the total charged |
714 | for these fees in the preceding fiscal year. |
715 | (b) The tuition differential may not be calculated as a |
716 | part of the scholarship programs established in ss. 1009.53- |
717 | 1009.537. |
718 | (c) Beneficiaries having prepaid tuition contracts |
719 | pursuant to s. 1009.98(2)(b) which were in effect on July 1, |
720 | 2008 2007, and which remain in effect, are exempt from the |
721 | payment of the tuition differential. |
722 | (d) The tuition differential may not be charged to any |
723 | student who was in attendance at the university before July 1, |
724 | 2007, and who maintains continuous enrollment. |
725 | (e) The tuition differential may be waived by the |
726 | university for students who meet the eligibility requirements |
727 | for the Florida public student assistance grant established in |
728 | s. 1009.50. |
729 | (f) A university board of trustees that has been |
730 | authorized by the Board of Governors to establish a tuition |
731 | differential pursuant to this subsection may establish the |
732 | tuition differential at a rate lower than the maximum tuition |
733 | differential established by the board, but may not exceed the |
734 | maximum tuition differential established by the board. |
735 | (g) The revenue generated from the tuition differential |
736 | must be spent solely for improving the quality of direct |
737 | undergraduate instruction and support services. |
738 | (h) Information relating to the annual receipt and |
739 | expenditure of the proceeds from the assessment of the tuition |
740 | differential shall be reported by the university in accordance |
741 | with guidelines established by the Board of Governors. |
742 | Section 9. Subsection (3) of section 1009.25, Florida |
743 | Statutes, is amended to read: |
744 | 1009.25 Fee exemptions.-- |
745 | (3) At the discretion of the community college board of |
746 | trustees, each community college is authorized to grant student |
747 | fee exemptions from all fees authorized in s. 1009.23 adopted by |
748 | the State Board of Education and the community college board of |
749 | trustees for up to 0.5 percent of the community college's prior |
750 | year fee-paying full-time equivalent students or 54 40 full-time |
751 | equivalent students, whichever is greater at each institution. A |
752 | "fee-paying student" means a student enrolled in college- |
753 | preparatory courses, an associate in arts degree program, an |
754 | associate in science degree program, career-preparatory |
755 | instruction, an educator preparation institute, or a |
756 | baccalaureate degree program. |
757 | Section 10. Subsection (1) of section 1009.265, Florida |
758 | Statutes, is amended to read: |
759 | 1009.265 State employee fee waivers.-- |
760 | (1) As a benefit to the employer and employees of the |
761 | state, subject to approval by an employee's agency head or the |
762 | equivalent, each state university and community college shall |
763 | waive tuition and fees for state employees to enroll for up to 6 |
764 | credit hours of courses, including distance learning or online |
765 | courses, per term on a space-available basis. The employee must |
766 | have the approval of his or her supervisor to use the waiver to |
767 | take a course or courses during normal work hours. For purposes |
768 | of implementing this section, the space available in a course is |
769 | to be determined based on the number of seats or capacity |
770 | remaining in the course at the end of the drop-add period. State |
771 | employee fee waivers may not be used for dissertation, thesis, |
772 | directed individual study (DIS), or other one-to-one |
773 | instruction. |
774 | Section 11. Paragraph (b) of subsection (2) of section |
775 | 1009.98, Florida Statutes, is amended to read: |
776 | 1009.98 Stanley G. Tate Florida Prepaid College Program.-- |
777 | (2) PREPAID COLLEGE PLANS.--At a minimum, the board shall |
778 | make advance payment contracts available for two independent |
779 | plans to be known as the community college plan and the |
780 | university plan. The board may also make advance payment |
781 | contracts available for a dormitory residence plan. The board |
782 | may restrict the number of participants in the community college |
783 | plan, university plan, and dormitory residence plan, |
784 | respectively. However, any person denied participation solely on |
785 | the basis of such restriction shall be granted priority for |
786 | participation during the succeeding year. |
787 | (b)1. Through the university plan, the advance payment |
788 | contract shall provide prepaid registration fees for a specified |
789 | number of undergraduate semester credit hours not to exceed the |
790 | average number of hours required for the conference of a |
791 | baccalaureate degree. Qualified beneficiaries shall bear the |
792 | cost of any laboratory fees associated with enrollment in |
793 | specific courses. Each qualified beneficiary shall be classified |
794 | as a resident for tuition purposes pursuant to s. 1009.21, |
795 | regardless of his or her actual legal residence. |
796 | 2. Effective July 1, 1998, the board may provide advance |
797 | payment contracts for additional fees delineated in s. |
798 | 1009.24(9)-(12)(8)-(11), for a specified number of undergraduate |
799 | semester credit hours not to exceed the average number of hours |
800 | required for the conference of a baccalaureate degree, in |
801 | conjunction with advance payment contracts for registration |
802 | fees. Such contracts shall provide prepaid coverage for the sum |
803 | of such fees, to a maximum of 45 percent of the cost of |
804 | registration fees. University plan contracts purchased prior to |
805 | July 1, 1998, shall be limited to the payment of registration |
806 | fees as defined in s. 1009.97. |
807 | 3. Effective July 1, 2007, the board may provide advance |
808 | payment contracts for the tuition differential authorized in s. |
809 | 1009.24(16)(15) for a specified number of undergraduate semester |
810 | credit hours, which may not exceed the average number of hours |
811 | required for the conference of a baccalaureate degree, in |
812 | conjunction with advance payment contracts for registration |
813 | fees. |
814 | Section 12. Subsection (5) of section 1011.48, Florida |
815 | Statutes, is amended to read: |
816 | 1011.48 Establishment of educational research centers for |
817 | child development.-- |
818 | (5) Each educational research center for child development |
819 | shall be funded by a portion of the Capital Improvement Trust |
820 | Fund fee established by the Board of Governors pursuant to s. |
821 | 1009.24(8)(7). Each university that establishes a center shall |
822 | receive a portion of such fees collected from the students |
823 | enrolled at that university, usable only at that university, |
824 | equal to 22.5 cents per student per credit hour taken per term, |
825 | based on the summer term and fall and spring semesters. This |
826 | allocation shall be used by the university only for the |
827 | establishment and operation of a center as provided by this |
828 | section and rules adopted hereunder. Said allocation may be made |
829 | only after all bond obligations required to be paid from such |
830 | fees have been met. |
831 | Section 13. Section 196.192, Florida Statutes, is amended |
832 | to read: |
833 | 196.192 Exemptions from ad valorem taxation.--Subject to |
834 | the provisions of this chapter: |
835 | (1) All property owned by an exempt entity, including |
836 | educational institutions, and used exclusively for exempt |
837 | purposes shall be totally exempt from ad valorem taxation. |
838 | (2) All property owned by an exempt entity, including |
839 | educational institutions, and used predominantly for exempt |
840 | purposes shall be exempted from ad valorem taxation to the |
841 | extent of the ratio that such predominant use bears to the |
842 | nonexempt use. |
843 | (3) All tangible personal property loaned or leased by a |
844 | natural person, by a trust holding property for a natural |
845 | person, or by an exempt entity to an exempt entity for public |
846 | display or exhibition on a recurrent schedule is exempt from ad |
847 | valorem taxation if the property is loaned or leased for no |
848 | consideration or for nominal consideration. |
849 |
|
850 | For purposes of this section, each use to which the property is |
851 | being put must be considered in granting an exemption from ad |
852 | valorem taxation, including any economic use in addition to any |
853 | physical use. For purposes of this section, property owned by a |
854 | limited liability company, the sole member of which is an exempt |
855 | entity, shall be treated as if the property were owned directly |
856 | by the exempt entity. This section does not apply in determining |
857 | the exemption for property owned by governmental units pursuant |
858 | to s. 196.199. |
859 | Section 14. This act shall take effect July 1, 2008. |