Florida Senate - 2010 CS for CS for SB 2102 By the Committees on Higher Education Appropriations; and Education Pre-K - 12; and Senator Wise 605-05192-10 20102102c2 1 A bill to be entitled 2 An act relating to postsecondary education; amending 3 s. 501.0117, F.S.; providing that a convenience fee 4 imposed upon a student or family paying tuition, fees, 5 and other student account charges by credit card to an 6 institution that is eligible to participate in the 7 William L. Boyd, IV, Florida Resident Access Grant 8 Program is not considered to be a surcharge under 9 certain circumstances; amending s. 1004.26, F.S.; 10 prohibiting a cause of action against a state 11 university for the actions or decisions of a state 12 university student government; amending s. 1009.26, 13 F.S.; authorizing state universities and community 14 colleges to waive tuition and fees for certain public 15 school teachers for certain courses; requiring that 16 the State Board of Education adopt a rule that 17 prescribes the process for the approval of courses by 18 the Department of Education; providing an effective 19 date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Subsection (1) of section 501.0117, Florida 24 Statutes, is amended to read: 25 501.0117 Credit cards; transactions in which seller or 26 lessor prohibited from imposing surcharge; penalty.— 27 (1) A seller or lessor in a sales or lease transaction may 28 not impose a surcharge on the buyer or lessee for electing to 29 use a credit card in lieu of payment by cash, check, or similar 30 means, if the seller or lessor accepts payment by credit card. A 31 surcharge is any additional amount imposed at the time of a sale 32 or lease transaction by the seller or lessor that increases the 33 charge to the buyer or lessee for the privilege of using a 34 credit card to make payment. Charges imposed pursuant to 35 approved state or federal tariffs are not considered to be a 36 surcharge, and charges made under such tariffs are exempt from 37 this section. A convenience fee imposed upon a student or family 38 paying tuition, fees, and other student account charges by 39 credit card to an institution that is eligible to participate in 40 the William L. Boyd, IV, Florida Resident Access Grant Program 41 under s. 1009.89 is not considered to be a surcharge and is 42 exempt from this section only if the amount of the convenience 43 fee does not exceed the total cost charged by the credit card 44 company to the institution. The term “credit card” includes 45 those cards for which unpaid balances are payable on demand. 46 This section does not apply to the offering of a discount for 47 the purpose of inducing payment by cash, check, or other means 48 not involving the use of a credit card, if the discount is 49 offered to all prospective customers. 50 Section 2. Subsection (5) is added to section 1004.26, 51 Florida Statutes, to read: 52 1004.26 University student governments.— 53 (5) There shall be no cause of action against a state 54 university for the actions or decisions of the student 55 government of the state university unless such actions or 56 decisions are made final by the state university and constitute 57 a violation of state or federal law. 58 Section 3. Subsection (10) is added to section 1009.26, 59 Florida Statutes, to read: 60 1009.26 Fee waivers.— 61 (10) A state university or community college may waive 62 tuition and fees for a classroom teacher as defined in s. 63 1012.01(2)(a) who is employed full-time by a school district and 64 meets any academic requirements established by the community 65 college or state university to enroll for up to 6 credit hours 66 per term on a space-available basis in undergraduate courses 67 approved by the State Board of Education. Such courses shall be 68 limited to undergraduate courses related to special education, 69 mathematics, or science. The waiver may not be used for courses 70 scheduled during the school day. The State Board of Education 71 shall adopt a rule that prescribes the process for the approval 72 of courses by the Department of Education. 73 Section 4. This act shall take effect July 1, 2010.