Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. PCS (672552) for SB 1394
Ì601364ÂÎ601364
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/22/2014 .
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The Committee on Appropriations (Latvala) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete line 44
4 and insert:
5 Section 3. Paragraphs (c) through (g) of subsection (3) of
6 section 1009.22, Florida Statutes, are amended to read:
7 1009.22 Workforce education postsecondary student fees.—
8 (3)
9 (c) Effective July 1, 2014 2011, for programs leading to a
10 career certificate or an applied technology diploma, the
11 standard tuition shall be $2.33 $2.22 per contact hour for
12 residents and nonresidents and the out-of-state fee shall be
13 $6.99 $6.66 per contact hour. For adult general education
14 programs, a block tuition of $45 per half year or $30 per term
15 shall be assessed for residents and nonresidents, and the out
16 of-state fee shall be $135 per half year or $90 per term. Each
17 district school board and Florida College System institution
18 board of trustees shall adopt policies and procedures for the
19 collection of and accounting for the expenditure of the block
20 tuition. All funds received from the block tuition shall be used
21 only for adult general education programs. Students enrolled in
22 adult general education programs may not be assessed the fees
23 authorized in subsection (5), subsection (6), or subsection (7).
24 (d) Beginning with the 2008-2009 fiscal year and each year
25 thereafter, the tuition and the out-of-state fee per contact
26 hour shall increase at the beginning of each fall semester at a
27 rate equal to inflation, unless otherwise provided in the
28 General Appropriations Act. The Office of Economic and
29 Demographic Research shall report the rate of inflation to the
30 President of the Senate, the Speaker of the House of
31 Representatives, the Governor, and the State Board of Education
32 each year prior to March 1. For purposes of this paragraph, the
33 rate of inflation shall be defined as the rate of the 12-month
34 percentage change in the Consumer Price Index for All Urban
35 Consumers, U.S. City Average, All Items, or successor reports as
36 reported by the United States Department of Labor, Bureau of
37 Labor Statistics, or its successor for December of the previous
38 year. In the event the percentage change is negative, the
39 tuition and out-of-state fee shall remain at the same level as
40 the prior fiscal year.
41 (d)(e) Each district school board and each Florida College
42 System institution board of trustees may adopt tuition and out
43 of-state fees that may vary no more than 5 percent below and 5
44 percent above the combined total of the standard tuition and
45 out-of-state fees established in paragraph (c).
46 (e)(f) The maximum increase in resident tuition for any
47 school district or Florida College System institution during the
48 2007-2008 fiscal year shall be 5 percent over the tuition
49 charged during the 2006-2007 fiscal year.
50 (f)(g) The State Board of Education may adopt, by rule, the
51 definitions and procedures that district school boards and
52 Florida College System institution boards of trustees shall use
53 in the calculation of cost borne by students.
54 Section 4. Subsection (3) of section 1009.23, Florida
55 Statutes, is amended to read:
56 1009.23 Florida College System institution student fees.—
57 (3)(a) Effective July 1, 2014 2011, for advanced and
58 professional, postsecondary vocational, developmental education,
59 and educator preparation institute programs, the standard
60 tuition shall be $71.98 $68.56 per credit hour for residents and
61 nonresidents, and the out-of-state fee shall be $215.94 $205.82
62 per credit hour.
63 (b) Effective July 1, 2014 2011, for baccalaureate degree
64 programs, the following tuition and fee rates shall apply:
65 1. The tuition shall be $91.79 $87.42 per credit hour for
66 students who are residents for tuition purposes.
67 2. The sum of the tuition and the out-of-state fee per
68 credit hour for students who are nonresidents for tuition
69 purposes shall be no more than 85 percent of the sum of the
70 tuition and the out-of-state fee at the state university nearest
71 the Florida College System institution.
72 (c) Beginning with the 2008-2009 fiscal year and each year
73 thereafter, the tuition and the out-of-state fee shall increase
74 at the beginning of each fall semester at a rate equal to
75 inflation, unless otherwise provided in the General
76 Appropriations Act. The Office of Economic and Demographic
77 Research shall report the rate of inflation to the President of
78 the Senate, the Speaker of the House of Representatives, the
79 Governor, and the State Board of Education each year prior to
80 March 1. For purposes of this paragraph, the rate of inflation
81 shall be defined as the rate of the 12-month percentage change
82 in the Consumer Price Index for All Urban Consumers, U.S. City
83 Average, All Items, or successor reports as reported by the
84 United States Department of Labor, Bureau of Labor Statistics,
85 or its successor for December of the previous year. In the event
86 the percentage change is negative, the tuition and the out-of
87 state fee per credit hour shall remain at the same levels as the
88 prior fiscal year.
89 Section 5. Paragraphs (a), (b), and (e) of subsection (4)
90 and paragraph (b) of subsection (16) of section 1009.24, Florida
91 Statutes, are amended, to read:
92 1009.24 State university student fees.—
93 (4)(a) Effective July 1, 2014 2011, the resident
94 undergraduate tuition for lower-level and upper-level coursework
95 shall be $105.07 $103.32 per credit hour.
96 (b) Beginning with the 2008-2009 fiscal year and each year
97 thereafter, the resident undergraduate tuition per credit hour
98 shall increase at the beginning of each fall semester at a rate
99 equal to inflation, unless otherwise provided in the General
100 Appropriations Act. The Office of Economic and Demographic
101 Research shall report the rate of inflation to the President of
102 the Senate, the Speaker of the House of Representatives, the
103 Governor, and the Board of Governors each year prior to March 1.
104 For purposes of this paragraph, the rate of inflation shall be
105 defined as the rate of the 12-month percentage change in the
106 Consumer Price Index for All Urban Consumers, U.S. City Average,
107 All Items, or successor reports as reported by the United States
108 Department of Labor, Bureau of Labor Statistics, or its
109 successor for December of the previous year. In the event the
110 percentage change is negative, the resident undergraduate
111 tuition shall remain at the same level as the prior fiscal year.
112 (d)(e) The sum of the activity and service, health, and
113 athletic fees a student is required to pay to register for a
114 course may shall not exceed 40 percent of the tuition
115 established in law or in the General Appropriations Act. No
116 university shall be required to lower any fee in effect on the
117 effective date of this act in order to comply with this
118 subsection. Within the 40 percent cap, universities may not
119 increase the aggregate sum of activity and service, health, and
120 athletic fees more than 5 percent per year, or the same
121 percentage increase in tuition authorized under paragraph (b),
122 whichever is greater, unless specifically authorized in law or
123 in the General Appropriations Act. A university may increase its
124 athletic fee to defray the costs associated with changing
125 National Collegiate Athletic Association divisions. Any such
126 increase in the athletic fee may exceed both the 40 percent cap
127 and the 5 percent cap imposed by this subsection. Any such
128 increase must be approved by the athletic fee committee in the
129 process outlined in subsection (12) and may not cannot exceed $2
130 per credit hour. Notwithstanding the provisions of ss. 1009.534,
131 1009.535, and 1009.536, that portion of any increase in an
132 athletic fee pursuant to this subsection which that causes the
133 sum of the activity and service, health, and athletic fees to
134 exceed the 40 percent cap or the annual increase in such fees to
135 exceed the 5 percent cap may shall not be included in
136 calculating the amount a student receives for a Florida Academic
137 Scholars award, a Florida Medallion Scholars award, or a Florida
138 Gold Seal Vocational Scholars award. Notwithstanding this
139 paragraph and subject to approval by the board of trustees, each
140 state university may is authorized to exceed the 5 percent 5
141 percent cap on the annual increase to the aggregate sum of
142 activity and service, health, and athletic fees for the 2010
143 2011 fiscal year. Any such increase may shall not exceed 15
144 percent or the amount required to reach the 2009-2010 fiscal
145 year statewide average for the aggregate sum of activity and
146 service, health, and athletic fees at the main campuses,
147 whichever is greater. The aggregate sum of the activity and
148 service, health, and athletic fees may shall not exceed 40
149 percent of tuition. Any increase in the activity and service
150 fee, health fee, or athletic fee must be approved by the
151 appropriate fee committee pursuant to subsection (10),
152 subsection (11), or subsection (12).
153 (16) Each university board of trustees may establish a
154 tuition differential for undergraduate courses upon receipt of
155 approval from the Board of Governors. The tuition differential
156 shall promote improvements in the quality of undergraduate
157 education and shall provide financial aid to undergraduate
158 students who exhibit financial need.
159 (b) Each tuition differential is subject to the following
160 conditions:
161 1. The tuition differential may be assessed on one or more
162 undergraduate courses or on all undergraduate courses at a state
163 university.
164 2. The tuition differential may vary by course or courses,
165 campus or center location, and by institution. Each university
166 board of trustees shall strive to maintain and increase
167 enrollment in degree programs related to math, science, high
168 technology, and other state or regional high-need fields when
169 establishing tuition differentials by course.
170 3. For each state university that is designated as a
171 preeminent state research university by the Board of Governors,
172 pursuant to s. 1001.7065, that has total research and
173 development expenditures for all fields of at least $100 million
174 per year as reported annually to the National Science
175 Foundation, the aggregate sum of tuition and the tuition
176 differential may not be increased by no more than 6 15 percent
177 of the total charged for the aggregate sum of these fees in the
178 preceding fiscal year if the university meets or exceeds each
179 performance standard target for that university established
180 annually by the Board of Governors for the following performance
181 standards, each amounting to no more than a 2 percent increase
182 in tuition differential:
183 a. Increase in the 6-year graduation rate for full-time,
184 first-time-in-college students, as reported annually to the
185 Integrated Postsecondary Education Data System;
186 b. Increase in the total annual research expenditures; and
187 c. Increase in the total patents awarded by the United
188 States Patent and Trademark Office for the most recent years.
189 For each state university that has total research and
190 development expenditures for all fields of less than $100
191 million per year as reported annually to the National Science
192 Foundation, the aggregate sum of tuition and the tuition
193 differential may not be increased by more than 15 percent of the
194 total charged for the aggregate sum of these fees in the
195 preceding fiscal year.
196 4. The aggregate sum of undergraduate tuition and fees per
197 credit hour, including the tuition differential, may not exceed
198 the national average of undergraduate tuition and fees at 4-year
199 degree-granting public postsecondary educational institutions.
200 5. The tuition differential shall not be included in any
201 award under the Florida Bright Futures Scholarship Program
202 established pursuant to ss. 1009.53-1009.538.
203 6. Beneficiaries having prepaid tuition contracts pursuant
204 to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
205 which remain in effect, are exempt from the payment of the
206 tuition differential.
207 7. The tuition differential may not be charged to any
208 student who was in attendance at the university before July 1,
209 2007, and who maintains continuous enrollment.
210 8. The tuition differential may be waived by the university
211 for students who meet the eligibility requirements for the
212 Florida public student assistance grant established in s.
213 1009.50.
214 9. Subject to approval by the Board of Governors, the
215 tuition differential authorized pursuant to this subsection may
216 take effect with the 2009 fall term.
217 Section 6. Subsection (8) of section 1009.26, Florida
218 Statutes, is amended, and subsection (12) is added to that
219 section, to read:
220 1009.26 Fee waivers.—
221 (8) A state university, a or Florida College System
222 institution, a career center operated by a school district under
223 s. 1001.44, or a charter technical career center shall waive
224 undergraduate tuition for each recipient of a Purple Heart or
225 another combat decoration superior in precedence who:
226 (a) Is enrolled as a full-time, part-time, or summer-school
227 student in an undergraduate program that terminates in a degree
228 or certificate;
229 (b) Is currently, and was at the time of the military
230 action that resulted in the awarding of the Purple Heart or
231 other combat decoration superior in precedence, a resident of
232 this state; and
233 (c) Submits to the state university or the Florida College
234 System institution the DD-214 form issued at the time of
235 separation from service as documentation that the student has
236 received a Purple Heart or another combat decoration superior in
237 precedence. If the DD-214 is not available, other documentation
238 may be acceptable if recognized by the United States Department
239 of Defense or the United States Department of Veterans Affairs
240 as documenting the award.
241
242 Such a waiver for a Purple Heart recipient or recipient of
243 another combat decoration superior in precedence shall be
244 applicable for 110 percent of the number of required credit
245 hours of the degree or certificate program for which the student
246 is enrolled.
247 (12)(a) A state university, a Florida College System
248 institution, a career center operated by a school district under
249 s. 1001.44, or a charter technical career center shall waive
250 out-of-state fees for students, including but not limited to
251 students who are undocumented for federal immigration purposes,
252 who meet the following conditions:
253 1. Attended a secondary school in this state, which is not
254 the Florida Virtual School Global, for 3 consecutive years
255 immediately before graduating from a high school in this state;
256 2. Enrolled in a degree or certificate program at an
257 institution of higher education within 24 months after high
258 school graduation; and
259 3. Submitted an official Florida high school transcript as
260 evidence of attendance and graduation.
261 (b) Tuition and fees charged to a student who qualifies for
262 the out-of-state fee waiver under this subsection may not exceed
263 the tuition and fees charged to a resident student. The waiver
264 is applicable for 110 percent of the required credit hours of
265 the degree or certificate program for which the student is
266 enrolled. Each state university, Florida College System
267 institution, career center operated by a school district under
268 s. 1001.44, and charter technical career center shall report to
269 the Board of Governors and the State Board of Education, as
270 appropriate, the number and value of all fee waivers granted
271 annually under this subsection. The Board of Governors for the
272 state universities and the State Board of Education for Florida
273 College System institutions, career centers operated by a school
274 district under s. 1001.44, and charter technical career centers
275 shall annually certify within their legislative budget requests
276 that the percentage of resident students enrolled systemwide is
277 at least the same as the 2013-2014 resident student enrollment
278 systemwide.
279 (c) A student who is granted an out-of-state fee waiver
280 under this subsection is not eligible for state financial aid
281 under part III of chapter 1009.
282 Section 7. Subsection (10) of section 1009.98, Florida
283 Statutes, is amended to read:
284 1009.98 Stanley G. Tate Florida Prepaid College Program.—
285 (10) PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.—
286 (a) As used in this subsection, the term:
287 1. “Actuarial reserve” means the amount by which the
288 expected value of the assets exceeds exceed the expected value
289 of the liabilities of the trust fund.
290 2. “Dormitory fees” means the fees included under advance
291 payment contracts pursuant to paragraph (2)(d).
292 3. “Fiscal year” means the fiscal year of the state
293 pursuant to s. 215.01.
294 4. “Local fees” means the fees covered by an advance
295 payment contract provided pursuant to subparagraph (2)(b)2.
296 5. “Tuition differential” means the fee covered by advance
297 payment contracts sold pursuant to subparagraph (2)(b)3. The
298 base rate for the tuition differential fee for the 2012-2013
299 fiscal year is established at $37.03 per credit hour. The base
300 rate for the tuition differential in subsequent years is the
301 amount assessed paid by the board for the tuition differential
302 for the preceding year adjusted pursuant to subparagraph (b)2.
303 (b) Effective with the 2009-2010 academic year and
304 thereafter, and notwithstanding the provisions of s. 1009.24,
305 the amount paid by the board to any state university on behalf
306 of a qualified beneficiary of an advance payment contract whose
307 contract was purchased before July 1, 2024 2009, shall be:
308 1. As to registration fees, if the actuarial reserve is
309 less than 5 percent of the expected liabilities of the trust
310 fund, the board shall pay the state universities 5.5 percent
311 above the amount assessed for registration fees in the preceding
312 fiscal year. If the actuarial reserve is between 5 percent and 6
313 percent of the expected liabilities of the trust fund, the board
314 shall pay the state universities 6 percent above the amount
315 assessed for registration fees in the preceding fiscal year. If
316 the actuarial reserve is between 6 percent and 7.5 percent of
317 the expected liabilities of the trust fund, the board shall pay
318 the state universities 6.5 percent above the amount assessed for
319 registration fees in the preceding fiscal year. If the actuarial
320 reserve is equal to or greater than 7.5 percent of the expected
321 liabilities of the trust fund, the board shall pay the state
322 universities 7 percent above the amount assessed for
323 registration fees in the preceding fiscal year, whichever is
324 greater.
325 2. As to the tuition differential, if the actuarial reserve
326 is less than 5 percent of the expected liabilities of the trust
327 fund, the board shall pay the state universities 5.5 percent
328 above the base rate for the tuition differential fee in the
329 preceding fiscal year. If the actuarial reserve is between 5
330 percent and 6 percent of the expected liabilities of the trust
331 fund, the board shall pay the state universities 6 percent above
332 the base rate for the tuition differential fee in the preceding
333 fiscal year. If the actuarial reserve is between 6 percent and
334 7.5 percent of the expected liabilities of the trust fund, the
335 board shall pay the state universities 6.5 percent above the
336 base rate for the tuition differential fee in the preceding
337 fiscal year. If the actuarial reserve is equal to or greater
338 than 7.5 percent of the expected liabilities of the trust fund,
339 the board shall pay the state universities 7 percent above the
340 base rate for the tuition differential fee in the preceding
341 fiscal year.
342 3. As to local fees, the board shall pay the state
343 universities 5 percent above the amount assessed for local fees
344 in the preceding fiscal year.
345 4. As to dormitory fees, the board shall pay the state
346 universities 6 percent above the amount assessed for dormitory
347 fees in the preceding fiscal year.
348 5. Qualified beneficiaries of advance payment contracts
349 purchased before July 1, 2007, are exempt from paying any
350 tuition differential fee.
351 (c) Notwithstanding the amount assessed for registration
352 fees, the tuition differential fee, or local fees, the amount
353 paid by the board to any state university on behalf of a
354 qualified beneficiary of an advance payment contract purchased
355 before July 1, 2024, may not exceed 100 percent of the amount
356 charged by the state university for the aggregate sum of those
357 fees.
358 (d) Notwithstanding the amount assessed for dormitory fees,
359 the amount paid by the board to any state university on behalf
360 of a qualified beneficiary of an advance payment contract
361 purchased before July 1, 2024, may not exceed 100 percent of the
362 amount charged by the state university for dormitory fees.
363 (e)(c) The board shall pay state universities the actual
364 amount assessed in accordance with law for registration fees,
365 the tuition differential, local fees, and dormitory fees for
366 advance payment contracts purchased on or after July 1, 2024
367 2009.
368 (f)(d) The board shall annually evaluate or cause to be
369 evaluated the actuarial soundness of the trust fund.
370 Section 8. Subsection (10) of section 1011.80, Florida
371 Statutes, is amended to read:
372 1011.80 Funds for operation of workforce education
373 programs.—
374 (10) A high school student dually enrolled under s.
375 1007.271 in a workforce education program operated by a Florida
376 College System institution or school district career center
377 generates the amount calculated for workforce education funding,
378 including any payment of performance funding, and the
379 proportional share of full-time equivalent enrollment generated
380 through the Florida Education Finance Program for the student’s
381 enrollment in a high school. If a high school student is dually
382 enrolled in a Florida College System institution program,
383 including a program conducted at a high school, the Florida
384 College System institution earns the funds generated for
385 workforce education funding, and the school district earns the
386 proportional share of full-time equivalent funding from the
387 Florida Education Finance Program. If a student is dually
388 enrolled in a career center operated by the same district as the
389 district in which the student attends high school, that district
390 earns the funds generated for workforce education funding and
391 also earns the proportional share of full-time equivalent
392 funding from the Florida Education Finance Program. If a student
393 is dually enrolled in a workforce education program provided by
394 a career center operated by a different school district, the
395 funds must be divided between the two school districts
396 proportionally from the two funding sources. A student may not
397 be reported for funding in a dual enrollment workforce education
398 program unless the student has completed the basic skills
399 assessment pursuant to s. 1004.91. A student who is coenrolled
400 in a K-12 education program and an adult education program may
401 be reported for purposes of funding in an adult education
402 program. If a student is coenrolled in core curricula courses
403 for credit recovery or dropout prevention purposes and does not
404 have a pattern of excessive absenteeism or habitual truancy or a
405 history of disruptive behavior in school, the student may be
406 reported for funding for up to two courses per year. Such a
407 student is exempt from the payment of the block tuition for
408 adult general education programs provided in s. 1009.22(3)(c) s.
409 1009.22(3)(d). The Department of Education shall develop a list
410 of courses to be designated as core curricula courses for the
411 purposes of coenrollment.
412 Section 9. A dependent child who is a citizen of the United
413 States of America may not be denied residency classification for
414 tuition purposes based solely on the parent’s undocumented
415 immigration status. All applicable laws apply.
416 Section 10. This act shall take effect July 1, 2014.
417
418 ================= T I T L E A M E N D M E N T ================
419 And the title is amended as follows:
420 Between lines 6 and 7
421 insert:
422 amending ss. 1009.22 and 1009.23, F.S.; revising the
423 standard tuition and out-of-state fees for workforce
424 education postsecondary programs leading to certain
425 certificates and diplomas and certain other programs
426 at Florida College System institutions; deleting a
427 provision relating to an increase in tuition and out
428 of-state fees at a rate equal to inflation; deleting a
429 requirement that the Office of Economic and
430 Demographic Research annually report the rate of
431 inflation to the Governor, the Legislature, and the
432 State Board of Education; deleting the definition of
433 the term “rate of inflation”; amending s. 1009.24,
434 F.S.; revising the resident undergraduate tuition for
435 lower-level and upper-level coursework; deleting a
436 provision related to an increase of the resident
437 undergraduate tuition at state universities at a rate
438 equal to inflation; deleting the requirement of the
439 Office of Economic and Demographic Research to
440 annually report the rate of inflation to the Governor,
441 the Legislature, and the Board of Governors; deleting
442 the definition of the term “rate of inflation”;
443 conforming provisions to changes made by the act;
444 authorizing a state university board of trustees to
445 increase the aggregate sum of tuition and tuition
446 differential for up to 6 percent of the total charged
447 for the aggregate sum of such fees in the preceding
448 year if the state university meets the specified
449 conditions; amending s. 1009.26, F.S.; requiring a
450 state university, a Florida College System
451 institution, a career center operated by a school
452 district, or a charter technical career center to
453 waive undergraduate tuition for a recipient of a
454 Purple Heart or another combat decoration superior in
455 precedence under certain conditions; requiring a state
456 university, a Florida College System institution, a
457 career center operated by a school district, and a
458 charter technical career center to waive out-of-state
459 fees for certain students who meet specified
460 conditions; requiring a state university, a Florida
461 College System institution, a career center operated
462 by a school district, and a charter technical career
463 center to report to the Board of Governors and the
464 State Board of Education, as appropriate, the number
465 and value of all fee waivers; requiring the Board of
466 Governors for the state universities and the State
467 Board of Education for the Florida College System
468 institutions, career centers operated by a school
469 district, and charter technical career centers to
470 annually certify within their legislative budget
471 requests that the percentage of resident students
472 enrolled systemwide is at least the same as the
473 resident student enrollment systemwide in a specified
474 academic year; providing that a student who is granted
475 the out-of-state fee waiver is not eligible for state
476 financial aid; amending s. 1009.98, F.S.; redefining
477 the term “tuition differential”; revising the purchase
478 date of an advance payment contract as it relates to
479 the amount paid by the Florida Prepaid College Board
480 to a state university on behalf of a qualified
481 beneficiary; prohibiting the amount of the aggregate
482 sum of registration fees, the tuition differential
483 fee, and local fees paid by the board to a state
484 university on behalf of a qualified beneficiary of an
485 advance payment contract from exceeding a certain
486 percentage of the amount charged by the state
487 university for the aggregate sum of those fees;
488 prohibiting the amount of the dormitory fees paid for
489 by the board to a state university on behalf of a
490 qualified beneficiary of an advance payment contract
491 from exceeding a certain percentage of the amount
492 charged by the state university for those fees;
493 conforming provisions to changes made by the act;
494 amending s. 1011.80, F.S.; conforming a cross
495 reference; prohibiting certain dependent children from
496 being denied residency classification for tuition
497 purposes based solely on a parent’s undocumented
498 immigration status;