Florida Senate - 2014 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 1400
Ì706390'Î706390
576-04100-14
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Education)
1 A bill to be entitled
2 An act relating to postsecondary student tuition;
3 amending ss. 1009.22 and 1009.23, F.S.; revising the
4 standard tuition and out-of-state fees for workforce
5 education postsecondary programs leading to certain
6 certificates and diplomas and certain other programs
7 at Florida College System institutions; deleting a
8 provision relating to an increase in tuition and out
9 of-state fees at a rate equal to inflation; deleting a
10 requirement that the Office of Economic and
11 Demographic Research annually report the rate of
12 inflation to the Governor, the Legislature, and the
13 State Board of Education; deleting the definition of
14 the term “rate of inflation”; amending s. 1009.24,
15 F.S.; revising the resident undergraduate tuition for
16 lower-level and upper-level coursework; deleting a
17 provision related to an increase of the resident
18 undergraduate tuition at state universities at a rate
19 equal to inflation; deleting the requirement of the
20 Office of Economic and Demographic Research to
21 annually report the rate of inflation to the Governor,
22 the Legislature, and the Board of Governors; deleting
23 the definition of the term “rate of inflation”;
24 conforming provisions to changes made by the act;
25 authorizing a state university board of trustees to
26 increase the aggregate sum of tuition and tuition
27 differential for up to 6 percent of the total charged
28 for the aggregate sum of such fees in the preceding
29 year if the state university meets the specified
30 conditions; amending s. 1009.26, F.S.; requiring a
31 state university, a Florida College System
32 institution, a career center operated by a school
33 district, or a charter technical career center to
34 waive undergraduate tuition for a recipient of a
35 Purple Heart or another combat decoration superior in
36 precedence under certain conditions; requiring a state
37 university, a Florida College System institution, a
38 career center operated by a school district, and a
39 charter technical career center to waive out-of-state
40 fees for certain students who meet specified
41 conditions; requiring a state university, a Florida
42 College System institution, and a charter technical
43 career center to report to the Board of Governors and
44 the State Board of Education, respectively, the number
45 and value of all fee waivers; requiring the Board of
46 Governors for the state universities and the State
47 Board of Education for the Florida College System
48 institutions, career centers operated by a school
49 district, and charter technical career centers to
50 annually certify within their legislative budget
51 requests that the percentage of resident students
52 enrolled systemwide is at least the same as the
53 resident student enrollment systemwide in a specified
54 academic year; providing that a student who is granted
55 the out-of-state fee waiver is not eligible for state
56 financial aid; amending s. 1009.98, F.S.; redefining
57 the term “tuition differential”; revising the purchase
58 date of an advance payment contract as it relates to
59 the amount paid by the Florida Prepaid College Board
60 to a state university on behalf of a qualified
61 beneficiary; prohibiting the amount of the aggregate
62 sum of registration fees, the tuition differential
63 fee, and local fees paid by the board to a state
64 university on behalf of a qualified beneficiary of an
65 advance payment contract from exceeding a certain
66 percentage of the amount charged by the state
67 university for the aggregate sum of those fees;
68 prohibiting the amount of the dormitory fees paid for
69 by the board to a state university on behalf of a
70 qualified beneficiary of an advance payment contract
71 from exceeding a certain percentage of the amount
72 charged by the state university for those fees;
73 conforming provisions to changes made by the act;
74 amending s. 1011.80, F.S.; conforming a cross
75 reference; prohibiting certain dependent children from
76 being denied residency classification for tuition
77 purposes based solely on a parent’s undocumented
78 immigration status; providing an effective date.
79
80 Be It Enacted by the Legislature of the State of Florida:
81
82 Section 1. Paragraphs (c) through (g) of subsection (3) of
83 section 1009.22, Florida Statutes, are amended to read:
84 1009.22 Workforce education postsecondary student fees.—
85 (3)
86 (c) Effective July 1, 2014 2011, for programs leading to a
87 career certificate or an applied technology diploma, the
88 standard tuition shall be $2.33 $2.22 per contact hour for
89 residents and nonresidents and the out-of-state fee shall be
90 $6.99 $6.66 per contact hour. For adult general education
91 programs, a block tuition of $45 per half year or $30 per term
92 shall be assessed for residents and nonresidents, and the out
93 of-state fee shall be $135 per half year or $90 per term. Each
94 district school board and Florida College System institution
95 board of trustees shall adopt policies and procedures for the
96 collection of and accounting for the expenditure of the block
97 tuition. All funds received from the block tuition shall be used
98 only for adult general education programs. Students enrolled in
99 adult general education programs may not be assessed the fees
100 authorized in subsection (5), subsection (6), or subsection (7).
101 (d) Beginning with the 2008-2009 fiscal year and each year
102 thereafter, the tuition and the out-of-state fee per contact
103 hour shall increase at the beginning of each fall semester at a
104 rate equal to inflation, unless otherwise provided in the
105 General Appropriations Act. The Office of Economic and
106 Demographic Research shall report the rate of inflation to the
107 President of the Senate, the Speaker of the House of
108 Representatives, the Governor, and the State Board of Education
109 each year prior to March 1. For purposes of this paragraph, the
110 rate of inflation shall be defined as the rate of the 12-month
111 percentage change in the Consumer Price Index for All Urban
112 Consumers, U.S. City Average, All Items, or successor reports as
113 reported by the United States Department of Labor, Bureau of
114 Labor Statistics, or its successor for December of the previous
115 year. In the event the percentage change is negative, the
116 tuition and out-of-state fee shall remain at the same level as
117 the prior fiscal year.
118 (d)(e) Each district school board and each Florida College
119 System institution board of trustees may adopt tuition and out
120 of-state fees that may vary no more than 5 percent below and 5
121 percent above the combined total of the standard tuition and
122 out-of-state fees established in paragraph (c).
123 (e)(f) The maximum increase in resident tuition for any
124 school district or Florida College System institution during the
125 2007-2008 fiscal year shall be 5 percent over the tuition
126 charged during the 2006-2007 fiscal year.
127 (f)(g) The State Board of Education may adopt, by rule, the
128 definitions and procedures that district school boards and
129 Florida College System institution boards of trustees shall use
130 in the calculation of cost borne by students.
131 Section 2. Subsection (3) of section 1009.23, Florida
132 Statutes, is amended to read:
133 1009.23 Florida College System institution student fees.—
134 (3)(a) Effective July 1, 2014 2011, for advanced and
135 professional, postsecondary vocational, developmental education,
136 and educator preparation institute programs, the standard
137 tuition shall be $71.98 $68.56 per credit hour for residents and
138 nonresidents, and the out-of-state fee shall be $215.94 $205.82
139 per credit hour.
140 (b) Effective July 1, 2014 2011, for baccalaureate degree
141 programs, the following tuition and fee rates shall apply:
142 1. The tuition shall be $91.79 $87.42 per credit hour for
143 students who are residents for tuition purposes.
144 2. The sum of the tuition and the out-of-state fee per
145 credit hour for students who are nonresidents for tuition
146 purposes shall be no more than 85 percent of the sum of the
147 tuition and the out-of-state fee at the state university nearest
148 the Florida College System institution.
149 (c) Beginning with the 2008-2009 fiscal year and each year
150 thereafter, the tuition and the out-of-state fee shall increase
151 at the beginning of each fall semester at a rate equal to
152 inflation, unless otherwise provided in the General
153 Appropriations Act. The Office of Economic and Demographic
154 Research shall report the rate of inflation to the President of
155 the Senate, the Speaker of the House of Representatives, the
156 Governor, and the State Board of Education each year prior to
157 March 1. For purposes of this paragraph, the rate of inflation
158 shall be defined as the rate of the 12-month percentage change
159 in the Consumer Price Index for All Urban Consumers, U.S. City
160 Average, All Items, or successor reports as reported by the
161 United States Department of Labor, Bureau of Labor Statistics,
162 or its successor for December of the previous year. In the event
163 the percentage change is negative, the tuition and the out-of
164 state fee per credit hour shall remain at the same levels as the
165 prior fiscal year.
166 Section 3. Paragraphs (a), (b), and (e) of subsection (4)
167 and paragraph (b) of subsection (16) of section 1009.24, Florida
168 Statutes, are amended, to read:
169 1009.24 State university student fees.—
170 (4)(a) Effective July 1, 2014 2011, the resident
171 undergraduate tuition for lower-level and upper-level coursework
172 shall be $105.07 $103.32 per credit hour.
173 (b) Beginning with the 2008-2009 fiscal year and each year
174 thereafter, the resident undergraduate tuition per credit hour
175 shall increase at the beginning of each fall semester at a rate
176 equal to inflation, unless otherwise provided in the General
177 Appropriations Act. The Office of Economic and Demographic
178 Research shall report the rate of inflation to the President of
179 the Senate, the Speaker of the House of Representatives, the
180 Governor, and the Board of Governors each year prior to March 1.
181 For purposes of this paragraph, the rate of inflation shall be
182 defined as the rate of the 12-month percentage change in the
183 Consumer Price Index for All Urban Consumers, U.S. City Average,
184 All Items, or successor reports as reported by the United States
185 Department of Labor, Bureau of Labor Statistics, or its
186 successor for December of the previous year. In the event the
187 percentage change is negative, the resident undergraduate
188 tuition shall remain at the same level as the prior fiscal year.
189 (d)(e) The sum of the activity and service, health, and
190 athletic fees a student is required to pay to register for a
191 course may shall not exceed 40 percent of the tuition
192 established in law or in the General Appropriations Act. No
193 university shall be required to lower any fee in effect on the
194 effective date of this act in order to comply with this
195 subsection. Within the 40 percent cap, universities may not
196 increase the aggregate sum of activity and service, health, and
197 athletic fees more than 5 percent per year, or the same
198 percentage increase in tuition authorized under paragraph (b),
199 whichever is greater, unless specifically authorized in law or
200 in the General Appropriations Act. A university may increase its
201 athletic fee to defray the costs associated with changing
202 National Collegiate Athletic Association divisions. Any such
203 increase in the athletic fee may exceed both the 40 percent cap
204 and the 5 percent cap imposed by this subsection. Any such
205 increase must be approved by the athletic fee committee in the
206 process outlined in subsection (12) and may not cannot exceed $2
207 per credit hour. Notwithstanding the provisions of ss. 1009.534,
208 1009.535, and 1009.536, that portion of any increase in an
209 athletic fee pursuant to this subsection which that causes the
210 sum of the activity and service, health, and athletic fees to
211 exceed the 40 percent cap or the annual increase in such fees to
212 exceed the 5 percent cap may shall not be included in
213 calculating the amount a student receives for a Florida Academic
214 Scholars award, a Florida Medallion Scholars award, or a Florida
215 Gold Seal Vocational Scholars award. Notwithstanding this
216 paragraph and subject to approval by the board of trustees, each
217 state university may is authorized to exceed the 5 percent 5
218 percent cap on the annual increase to the aggregate sum of
219 activity and service, health, and athletic fees for the 2010
220 2011 fiscal year. Any such increase may shall not exceed 15
221 percent or the amount required to reach the 2009-2010 fiscal
222 year statewide average for the aggregate sum of activity and
223 service, health, and athletic fees at the main campuses,
224 whichever is greater. The aggregate sum of the activity and
225 service, health, and athletic fees may shall not exceed 40
226 percent of tuition. Any increase in the activity and service
227 fee, health fee, or athletic fee must be approved by the
228 appropriate fee committee pursuant to subsection (10),
229 subsection (11), or subsection (12).
230 (16) Each university board of trustees may establish a
231 tuition differential for undergraduate courses upon receipt of
232 approval from the Board of Governors. The tuition differential
233 shall promote improvements in the quality of undergraduate
234 education and shall provide financial aid to undergraduate
235 students who exhibit financial need.
236 (b) Each tuition differential is subject to the following
237 conditions:
238 1. The tuition differential may be assessed on one or more
239 undergraduate courses or on all undergraduate courses at a state
240 university.
241 2. The tuition differential may vary by course or courses,
242 campus or center location, and by institution. Each university
243 board of trustees shall strive to maintain and increase
244 enrollment in degree programs related to math, science, high
245 technology, and other state or regional high-need fields when
246 establishing tuition differentials by course.
247 3. For each state university that is designated as a
248 preeminent state research university by the Board of Governors,
249 pursuant to s. 1001.7065, that has total research and
250 development expenditures for all fields of at least $100 million
251 per year as reported annually to the National Science
252 Foundation, the aggregate sum of tuition and the tuition
253 differential may not be increased by no more than 6 15 percent
254 of the total charged for the aggregate sum of these fees in the
255 preceding fiscal year if the university meets or exceeds each
256 performance standard target for that university established
257 annually by the Board of Governors for the following performance
258 standards, each amounting to no more than a 2 percent increase
259 in tuition differential:
260 a. Increase in the 6-year graduation rate for full-time,
261 first-time-in-college students, as reported annually to the
262 Integrated Postsecondary Education Data System;
263 b. Increase in the total annual research expenditures; and
264 c. Increase in the total patents awarded by the United
265 States Patent and Trademark Office for the most recent years.
266 For each state university that has total research and
267 development expenditures for all fields of less than $100
268 million per year as reported annually to the National Science
269 Foundation, the aggregate sum of tuition and the tuition
270 differential may not be increased by more than 15 percent of the
271 total charged for the aggregate sum of these fees in the
272 preceding fiscal year.
273 4. The aggregate sum of undergraduate tuition and fees per
274 credit hour, including the tuition differential, may not exceed
275 the national average of undergraduate tuition and fees at 4-year
276 degree-granting public postsecondary educational institutions.
277 5. The tuition differential shall not be included in any
278 award under the Florida Bright Futures Scholarship Program
279 established pursuant to ss. 1009.53-1009.538.
280 6. Beneficiaries having prepaid tuition contracts pursuant
281 to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
282 which remain in effect, are exempt from the payment of the
283 tuition differential.
284 7. The tuition differential may not be charged to any
285 student who was in attendance at the university before July 1,
286 2007, and who maintains continuous enrollment.
287 8. The tuition differential may be waived by the university
288 for students who meet the eligibility requirements for the
289 Florida public student assistance grant established in s.
290 1009.50.
291 9. Subject to approval by the Board of Governors, the
292 tuition differential authorized pursuant to this subsection may
293 take effect with the 2009 fall term.
294 Section 4. Subsection (8) of section 1009.26, Florida
295 Statutes, is amended, and subsection (12) is added to that
296 section, to read:
297 1009.26 Fee waivers.—
298 (8) A state university, a or Florida College System
299 institution, a career center operated by a school district under
300 s. 1001.44, or a charter technical career center shall waive
301 undergraduate tuition for each recipient of a Purple Heart or
302 another combat decoration superior in precedence who:
303 (a) Is enrolled as a full-time, part-time, or summer-school
304 student in an undergraduate program that terminates in a degree
305 or certificate;
306 (b) Is currently, and was at the time of the military
307 action that resulted in the awarding of the Purple Heart or
308 other combat decoration superior in precedence, a resident of
309 this state; and
310 (c) Submits to the state university or the Florida College
311 System institution the DD-214 form issued at the time of
312 separation from service as documentation that the student has
313 received a Purple Heart or another combat decoration superior in
314 precedence. If the DD-214 is not available, other documentation
315 may be acceptable if recognized by the United States Department
316 of Defense or the United States Department of Veterans Affairs
317 as documenting the award.
318
319 Such a waiver for a Purple Heart recipient or recipient of
320 another combat decoration superior in precedence shall be
321 applicable for 110 percent of the number of required credit
322 hours of the degree or certificate program for which the student
323 is enrolled.
324 (12)(a) A state university, a Florida College System
325 institution, a career center operated by a school district under
326 s. 1001.44, or a charter technical career center shall waive
327 out-of-state fees for students, including but not limited to
328 students who are undocumented for federal immigration purposes,
329 who meet the following conditions:
330 1. Attended a secondary school in this state, which is not
331 the Florida Virtual School Global, for 3 consecutive years
332 immediately before graduating from a high school in this state;
333 2. Enrolled in a degree or certificate program at an
334 institution of higher education within 24 months after high
335 school graduation; and
336 3. Submitted an official Florida high school transcript as
337 evidence of attendance and graduation.
338 (b) In the case of a student who is undocumented for
339 federal immigration purposes, the student must, in addition to
340 meeting the requirements of paragraph (a), submit to the
341 institution of higher education a notarized affidavit stating
342 that the student has filed an application to legalize his or her
343 federal immigration status or will file an application as soon
344 as he or she is eligible to do so.
345 (c) Tuition and fees charged to a student who qualifies for
346 the out-of-state fee waiver under this subsection may not exceed
347 the tuition and fees charged to a resident student. The waiver
348 is applicable for 110 percent of the required credit hours of
349 the degree or certificate program for which the student is
350 enrolled. Each state university, Florida College System
351 institution, career center operated by a school district under
352 s. 1001.44, and charter technical career center shall report to
353 the Board of Governors and the State Board of Education,
354 respectively, the number and value of all fee waivers granted
355 annually under this subsection. The Board of Governors for the
356 state universities and the State Board of Education for Florida
357 College System institutions, career centers operated by a school
358 district under s. 1001.44, and charter technical career centers
359 shall annually certify within their legislative budget requests
360 that the percentage of resident students enrolled systemwide is
361 at least the same as the 2013-2014 resident student enrollment
362 systemwide.
363 (d) A student who is granted an out-of-state fee waiver
364 under this subsection is not eligible for state financial aid
365 under part III of chapter 1009.
366 Section 5. Subsection (10) of section 1009.98, Florida
367 Statutes, is amended to read:
368 1009.98 Stanley G. Tate Florida Prepaid College Program.—
369 (10) PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.—
370 (a) As used in this subsection, the term:
371 1. “Actuarial reserve” means the amount by which the
372 expected value of the assets exceeds exceed the expected value
373 of the liabilities of the trust fund.
374 2. “Dormitory fees” means the fees included under advance
375 payment contracts pursuant to paragraph (2)(d).
376 3. “Fiscal year” means the fiscal year of the state
377 pursuant to s. 215.01.
378 4. “Local fees” means the fees covered by an advance
379 payment contract provided pursuant to subparagraph (2)(b)2.
380 5. “Tuition differential” means the fee covered by advance
381 payment contracts sold pursuant to subparagraph (2)(b)3. The
382 base rate for the tuition differential fee for the 2012-2013
383 fiscal year is established at $37.03 per credit hour. The base
384 rate for the tuition differential in subsequent years is the
385 amount assessed paid by the board for the tuition differential
386 for the preceding year adjusted pursuant to subparagraph (b)2.
387 (b) Effective with the 2009-2010 academic year and
388 thereafter, and notwithstanding the provisions of s. 1009.24,
389 the amount paid by the board to any state university on behalf
390 of a qualified beneficiary of an advance payment contract whose
391 contract was purchased before July 1, 2024 2009, shall be:
392 1. As to registration fees, if the actuarial reserve is
393 less than 5 percent of the expected liabilities of the trust
394 fund, the board shall pay the state universities 5.5 percent
395 above the amount assessed for registration fees in the preceding
396 fiscal year. If the actuarial reserve is between 5 percent and 6
397 percent of the expected liabilities of the trust fund, the board
398 shall pay the state universities 6 percent above the amount
399 assessed for registration fees in the preceding fiscal year. If
400 the actuarial reserve is between 6 percent and 7.5 percent of
401 the expected liabilities of the trust fund, the board shall pay
402 the state universities 6.5 percent above the amount assessed for
403 registration fees in the preceding fiscal year. If the actuarial
404 reserve is equal to or greater than 7.5 percent of the expected
405 liabilities of the trust fund, the board shall pay the state
406 universities 7 percent above the amount assessed for
407 registration fees in the preceding fiscal year, whichever is
408 greater.
409 2. As to the tuition differential, if the actuarial reserve
410 is less than 5 percent of the expected liabilities of the trust
411 fund, the board shall pay the state universities 5.5 percent
412 above the base rate for the tuition differential fee in the
413 preceding fiscal year. If the actuarial reserve is between 5
414 percent and 6 percent of the expected liabilities of the trust
415 fund, the board shall pay the state universities 6 percent above
416 the base rate for the tuition differential fee in the preceding
417 fiscal year. If the actuarial reserve is between 6 percent and
418 7.5 percent of the expected liabilities of the trust fund, the
419 board shall pay the state universities 6.5 percent above the
420 base rate for the tuition differential fee in the preceding
421 fiscal year. If the actuarial reserve is equal to or greater
422 than 7.5 percent of the expected liabilities of the trust fund,
423 the board shall pay the state universities 7 percent above the
424 base rate for the tuition differential fee in the preceding
425 fiscal year.
426 3. As to local fees, the board shall pay the state
427 universities 5 percent above the amount assessed for local fees
428 in the preceding fiscal year.
429 4. As to dormitory fees, the board shall pay the state
430 universities 6 percent above the amount assessed for dormitory
431 fees in the preceding fiscal year.
432 5. Qualified beneficiaries of advance payment contracts
433 purchased before July 1, 2007, are exempt from paying any
434 tuition differential fee.
435 (c) Notwithstanding the amount assessed for registration
436 fees, the tuition differential fee, or local fees, the amount
437 paid by the board to any state university on behalf of a
438 qualified beneficiary of an advance payment contract purchased
439 before July 1, 2024, may not exceed 100 percent of the amount
440 charged by the state university for the aggregate sum of those
441 fees.
442 (d) Notwithstanding the amount assessed for dormitory fees,
443 the amount paid by the board to any state university on behalf
444 of a qualified beneficiary of an advance payment contract
445 purchased before July 1, 2024, may not exceed 100 percent of the
446 amount charged by the state university for dormitory fees.
447 (e)(c) The board shall pay state universities the actual
448 amount assessed in accordance with law for registration fees,
449 the tuition differential, local fees, and dormitory fees for
450 advance payment contracts purchased on or after July 1, 2024
451 2009.
452 (f)(d) The board shall annually evaluate or cause to be
453 evaluated the actuarial soundness of the trust fund.
454 Section 6. Subsection (10) of section 1011.80, Florida
455 Statutes, is amended to read:
456 1011.80 Funds for operation of workforce education
457 programs.—
458 (10) A high school student dually enrolled under s.
459 1007.271 in a workforce education program operated by a Florida
460 College System institution or school district career center
461 generates the amount calculated for workforce education funding,
462 including any payment of performance funding, and the
463 proportional share of full-time equivalent enrollment generated
464 through the Florida Education Finance Program for the student’s
465 enrollment in a high school. If a high school student is dually
466 enrolled in a Florida College System institution program,
467 including a program conducted at a high school, the Florida
468 College System institution earns the funds generated for
469 workforce education funding, and the school district earns the
470 proportional share of full-time equivalent funding from the
471 Florida Education Finance Program. If a student is dually
472 enrolled in a career center operated by the same district as the
473 district in which the student attends high school, that district
474 earns the funds generated for workforce education funding and
475 also earns the proportional share of full-time equivalent
476 funding from the Florida Education Finance Program. If a student
477 is dually enrolled in a workforce education program provided by
478 a career center operated by a different school district, the
479 funds must be divided between the two school districts
480 proportionally from the two funding sources. A student may not
481 be reported for funding in a dual enrollment workforce education
482 program unless the student has completed the basic skills
483 assessment pursuant to s. 1004.91. A student who is coenrolled
484 in a K-12 education program and an adult education program may
485 be reported for purposes of funding in an adult education
486 program. If a student is coenrolled in core curricula courses
487 for credit recovery or dropout prevention purposes and does not
488 have a pattern of excessive absenteeism or habitual truancy or a
489 history of disruptive behavior in school, the student may be
490 reported for funding for up to two courses per year. Such a
491 student is exempt from the payment of the block tuition for
492 adult general education programs provided in s. 1009.22(3)(c) s.
493 1009.22(3)(d). The Department of Education shall develop a list
494 of courses to be designated as core curricula courses for the
495 purposes of coenrollment.
496 Section 7. A dependent child who is a citizen of the United
497 States of America may not be denied residency classification for
498 tuition purposes based solely on the parent’s undocumented
499 immigration status. All applicable laws apply.
500 Section 8. This act shall take effect July 1, 2014.