Florida Senate - 2014 SENATOR AMENDMENT
Bill No. CS/CS/CS/HB 851, 2nd Eng.
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LEGISLATIVE ACTION
Senate . House
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Floor: 1/RE/2R .
04/30/2014 04:14 PM .
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Senators Latvala and Legg moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (10) of section 1009.98, Florida
6 Statutes, is amended to read:
7 1009.98 Stanley G. Tate Florida Prepaid College Program.—
8 (10) PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.—
9 (a) As used in this subsection, the term:
10 1. “Actuarial reserve” means the amount by which the
11 expected value of the assets exceeds exceed the expected value
12 of the liabilities of the trust fund.
13 2. “Dormitory fees” means the fees included under advance
14 payment contracts pursuant to paragraph (2)(d).
15 3. “Fiscal year” means the fiscal year of the state
16 pursuant to s. 215.01.
17 4. “Local fees” means the fees covered by an advance
18 payment contract provided pursuant to subparagraph (2)(b)2.
19 5. “Tuition differential” means the fee covered by advance
20 payment contracts sold pursuant to subparagraph (2)(b)3. The
21 base rate for the tuition differential fee for the 2012-2013
22 fiscal year is established at $37.03 per credit hour. The base
23 rate for the tuition differential in subsequent years is the
24 amount assessed paid by the board for the tuition differential
25 for the preceding year adjusted pursuant to subparagraph (b)2.
26 (b) Effective with the 2009-2010 academic year and
27 thereafter, and notwithstanding the provisions of s. 1009.24,
28 the amount paid by the board to any state university on behalf
29 of a qualified beneficiary of an advance payment contract whose
30 contract was purchased before July 1, 2024 2009, shall be:
31 1. As to registration fees, if the actuarial reserve is
32 less than 5 percent of the expected liabilities of the trust
33 fund, the board shall pay the state universities 5.5 percent
34 above the amount assessed for registration fees in the preceding
35 fiscal year. If the actuarial reserve is between 5 percent and 6
36 percent of the expected liabilities of the trust fund, the board
37 shall pay the state universities 6 percent above the amount
38 assessed for registration fees in the preceding fiscal year. If
39 the actuarial reserve is between 6 percent and 7.5 percent of
40 the expected liabilities of the trust fund, the board shall pay
41 the state universities 6.5 percent above the amount assessed for
42 registration fees in the preceding fiscal year. If the actuarial
43 reserve is equal to or greater than 7.5 percent of the expected
44 liabilities of the trust fund, the board shall pay the state
45 universities 7 percent above the amount assessed for
46 registration fees in the preceding fiscal year, whichever is
47 greater.
48 2. As to the tuition differential, if the actuarial reserve
49 is less than 5 percent of the expected liabilities of the trust
50 fund, the board shall pay the state universities 5.5 percent
51 above the base rate for the tuition differential fee in the
52 preceding fiscal year. If the actuarial reserve is between 5
53 percent and 6 percent of the expected liabilities of the trust
54 fund, the board shall pay the state universities 6 percent above
55 the base rate for the tuition differential fee in the preceding
56 fiscal year. If the actuarial reserve is between 6 percent and
57 7.5 percent of the expected liabilities of the trust fund, the
58 board shall pay the state universities 6.5 percent above the
59 base rate for the tuition differential fee in the preceding
60 fiscal year. If the actuarial reserve is equal to or greater
61 than 7.5 percent of the expected liabilities of the trust fund,
62 the board shall pay the state universities 7 percent above the
63 base rate for the tuition differential fee in the preceding
64 fiscal year.
65 3. As to local fees, the board shall pay the state
66 universities 5 percent above the amount assessed for local fees
67 in the preceding fiscal year.
68 4. As to dormitory fees, the board shall pay the state
69 universities 6 percent above the amount assessed for dormitory
70 fees in the preceding fiscal year.
71 5. Qualified beneficiaries of advance payment contracts
72 purchased before July 1, 2007, are exempt from paying any
73 tuition differential fee.
74 (c) Notwithstanding the amount assessed for registration
75 fees, the tuition differential, or local fees, the amount paid
76 by the board to any state university on behalf of a qualified
77 beneficiary of an advance payment contract purchased before July
78 1, 2024, may not exceed 100 percent of the amount charged by the
79 state university for the aggregate sum of those fees.
80 (d) Notwithstanding the amount assessed for dormitory fees,
81 the amount paid by the board to any state university on behalf
82 of a qualified beneficiary of an advance payment contract
83 purchased before July 1, 2024, may not exceed 100 percent of the
84 amount charged by the state university for dormitory fees.
85 (e)(c) The board shall pay state universities the actual
86 amount assessed in accordance with law for registration fees,
87 the tuition differential, local fees, and dormitory fees for
88 advance payment contracts purchased on or after July 1, 2024
89 2009.
90 (f)(d) The board shall annually evaluate or cause to be
91 evaluated the actuarial soundness of the trust fund.
92 Section 2. Paragraphs (c) through (g) of subsection (3) of
93 section 1009.22, Florida Statutes, are amended to read:
94 1009.22 Workforce education postsecondary student fees.—
95 (3)
96 (c) Effective July 1, 2014 2011, for programs leading to a
97 career certificate or an applied technology diploma, the
98 standard tuition shall be $2.33 $2.22 per contact hour for
99 residents and nonresidents and the out-of-state fee shall be
100 $6.99 $6.66 per contact hour. For adult general education
101 programs, a block tuition of $45 per half year or $30 per term
102 shall be assessed for residents and nonresidents, and the out
103 of-state fee shall be $135 per half year or $90 per term. Each
104 district school board and Florida College System institution
105 board of trustees shall adopt policies and procedures for the
106 collection of and accounting for the expenditure of the block
107 tuition. All funds received from the block tuition shall be used
108 only for adult general education programs. Students enrolled in
109 adult general education programs may not be assessed the fees
110 authorized in subsection (5), subsection (6), or subsection (7).
111 (d) Beginning with the 2008-2009 fiscal year and each year
112 thereafter, the tuition and the out-of-state fee per contact
113 hour shall increase at the beginning of each fall semester at a
114 rate equal to inflation, unless otherwise provided in the
115 General Appropriations Act. The Office of Economic and
116 Demographic Research shall report the rate of inflation to the
117 President of the Senate, the Speaker of the House of
118 Representatives, the Governor, and the State Board of Education
119 each year prior to March 1. For purposes of this paragraph, the
120 rate of inflation shall be defined as the rate of the 12-month
121 percentage change in the Consumer Price Index for All Urban
122 Consumers, U.S. City Average, All Items, or successor reports as
123 reported by the United States Department of Labor, Bureau of
124 Labor Statistics, or its successor for December of the previous
125 year. In the event the percentage change is negative, the
126 tuition and out-of-state fee shall remain at the same level as
127 the prior fiscal year.
128 (d)(e) Each district school board and each Florida College
129 System institution board of trustees may adopt tuition and out
130 of-state fees that may vary no more than 5 percent below and 5
131 percent above the combined total of the standard tuition and
132 out-of-state fees established in paragraph (c).
133 (e)(f) The maximum increase in resident tuition for any
134 school district or Florida College System institution during the
135 2007-2008 fiscal year shall be 5 percent over the tuition
136 charged during the 2006-2007 fiscal year.
137 (f)(g) The State Board of Education may adopt, by rule, the
138 definitions and procedures that district school boards and
139 Florida College System institution boards of trustees shall use
140 in the calculation of cost borne by students.
141 Section 3. Subsection (3) of section 1009.23, Florida
142 Statutes, is amended to read:
143 1009.23 Florida College System institution student fees.—
144 (3)(a) Effective July 1, 2014 2011, for advanced and
145 professional, postsecondary vocational, developmental education,
146 and educator preparation institute programs, the standard
147 tuition shall be $71.98 $68.56 per credit hour for residents and
148 nonresidents, and the out-of-state fee shall be $215.94 $205.82
149 per credit hour.
150 (b) Effective July 1, 2014 2011, for baccalaureate degree
151 programs, the following tuition and fee rates shall apply:
152 1. The tuition shall be $91.79 $87.42 per credit hour for
153 students who are residents for tuition purposes.
154 2. The sum of the tuition and the out-of-state fee per
155 credit hour for students who are nonresidents for tuition
156 purposes shall be no more than 85 percent of the sum of the
157 tuition and the out-of-state fee at the state university nearest
158 the Florida College System institution.
159 (c) Beginning with the 2008-2009 fiscal year and each year
160 thereafter, the tuition and the out-of-state fee shall increase
161 at the beginning of each fall semester at a rate equal to
162 inflation, unless otherwise provided in the General
163 Appropriations Act. The Office of Economic and Demographic
164 Research shall report the rate of inflation to the President of
165 the Senate, the Speaker of the House of Representatives, the
166 Governor, and the State Board of Education each year prior to
167 March 1. For purposes of this paragraph, the rate of inflation
168 shall be defined as the rate of the 12-month percentage change
169 in the Consumer Price Index for All Urban Consumers, U.S. City
170 Average, All Items, or successor reports as reported by the
171 United States Department of Labor, Bureau of Labor Statistics,
172 or its successor for December of the previous year. In the event
173 the percentage change is negative, the tuition and the out-of
174 state fee per credit hour shall remain at the same levels as the
175 prior fiscal year.
176 Section 4. Subsection (4) and paragraph (b) of subsection
177 (16) of section 1009.24, Florida Statutes, are amended to read:
178 1009.24 State university student fees.—
179 (4)(a) Effective July 1, 2014 2011, the resident
180 undergraduate tuition for lower-level and upper-level coursework
181 shall be $105.07 $103.32 per credit hour.
182 (b) Beginning with the 2008-2009 fiscal year and each year
183 thereafter, the resident undergraduate tuition per credit hour
184 shall increase at the beginning of each fall semester at a rate
185 equal to inflation, unless otherwise provided in the General
186 Appropriations Act. The Office of Economic and Demographic
187 Research shall report the rate of inflation to the President of
188 the Senate, the Speaker of the House of Representatives, the
189 Governor, and the Board of Governors each year prior to March 1.
190 For purposes of this paragraph, the rate of inflation shall be
191 defined as the rate of the 12-month percentage change in the
192 Consumer Price Index for All Urban Consumers, U.S. City Average,
193 All Items, or successor reports as reported by the United States
194 Department of Labor, Bureau of Labor Statistics, or its
195 successor for December of the previous year. In the event the
196 percentage change is negative, the resident undergraduate
197 tuition shall remain at the same level as the prior fiscal year.
198 (b)(c) The Board of Governors, or the board’s designee, may
199 establish tuition for graduate and professional programs, and
200 out-of-state fees for all programs. Except as otherwise provided
201 in this section, the sum of tuition and out-of-state fees
202 assessed to nonresident students must be sufficient to offset
203 the full instructional cost of serving such students. However,
204 adjustments to out-of-state fees or tuition for graduate
205 programs and professional programs may not exceed 15 percent in
206 any year.
207 (c)(d) The Board of Governors may consider and approve
208 flexible tuition policies as requested by a university board of
209 trustees in accordance with the provisions of subsection (15)
210 only to the extent such policies are in alignment with the
211 mission of the university and do not increase the state’s fiscal
212 liability or obligations, including, but not limited to, any
213 fiscal liability or obligation for programs authorized under ss.
214 1009.53-1009.538 and ss. 1009.97-1009.984.
215 (d)(e) The sum of the activity and service, health, and
216 athletic fees a student is required to pay to register for a
217 course may shall not exceed 40 percent of the tuition
218 established in law or in the General Appropriations Act. No
219 university shall be required to lower any fee in effect on the
220 effective date of this act in order to comply with this
221 subsection. Within the 40 percent cap, universities may not
222 increase the aggregate sum of activity and service, health, and
223 athletic fees more than 5 percent per year, or the same
224 percentage increase in tuition authorized under paragraph (b),
225 whichever is greater, unless specifically authorized in law or
226 in the General Appropriations Act. A university may increase its
227 athletic fee to defray the costs associated with changing
228 National Collegiate Athletic Association divisions. Any such
229 increase in the athletic fee may exceed both the 40 percent cap
230 and the 5 percent cap imposed by this subsection. Any such
231 increase must be approved by the athletic fee committee in the
232 process outlined in subsection (12) and may not cannot exceed $2
233 per credit hour. Notwithstanding the provisions of ss. 1009.534,
234 1009.535, and 1009.536, that portion of any increase in an
235 athletic fee pursuant to this subsection which that causes the
236 sum of the activity and service, health, and athletic fees to
237 exceed the 40 percent cap or the annual increase in such fees to
238 exceed the 5 percent cap may shall not be included in
239 calculating the amount a student receives for a Florida Academic
240 Scholars award, a Florida Medallion Scholars award, or a Florida
241 Gold Seal Vocational Scholars award. Notwithstanding this
242 paragraph and subject to approval by the board of trustees, each
243 state university may is authorized to exceed the 5-percent cap
244 on the annual increase to the aggregate sum of activity and
245 service, health, and athletic fees for the 2010-2011 fiscal
246 year. Any such increase may shall not exceed 15 percent or the
247 amount required to reach the 2009-2010 fiscal year statewide
248 average for the aggregate sum of activity and service, health,
249 and athletic fees at the main campuses, whichever is greater.
250 The aggregate sum of the activity and service, health, and
251 athletic fees may shall not exceed 40 percent of tuition. Any
252 increase in the activity and service fee, health fee, or
253 athletic fee must be approved by the appropriate fee committee
254 pursuant to subsection (10), subsection (11), or subsection
255 (12).
256 (e)(f) This subsection does not prohibit a university from
257 increasing or assessing optional fees related to specific
258 activities if payment of such fees is not required as a part of
259 registration for courses.
260 (16) Each university board of trustees may establish a
261 tuition differential for undergraduate courses upon receipt of
262 approval from the Board of Governors. The tuition differential
263 shall promote improvements in the quality of undergraduate
264 education and shall provide financial aid to undergraduate
265 students who exhibit financial need.
266 (b) Each tuition differential is subject to the following
267 conditions:
268 1. The tuition differential may be assessed on one or more
269 undergraduate courses or on all undergraduate courses at a state
270 university.
271 2. The tuition differential may vary by course or courses,
272 by campus or center location, and by institution. Each
273 university board of trustees shall strive to maintain and
274 increase enrollment in degree programs related to math, science,
275 high technology, and other state or regional high-need fields
276 when establishing tuition differentials by course.
277 3. For each state university that is designated as a
278 preeminent state research university by the Board of Governors,
279 pursuant to s. 1001.7065 has total research and development
280 expenditures for all fields of at least $100 million per year as
281 reported annually to the National Science Foundation, the
282 aggregate sum of tuition and the tuition differential may not be
283 increased by no more than 6 15 percent of the total charged for
284 the aggregate sum of these fees in the preceding fiscal year.
285 The tuition differential may be increased if the university
286 meets or exceeds performance standard targets for that
287 university established annually by the Board of Governors for
288 the following performance standards, amounting to no more than a
289 2-percent increase in the tuition differential for each
290 performance standard:
291 a. An increase in the 6-year graduation rate for full-time,
292 first-time-in-college students, as reported annually to the
293 Integrated Postsecondary Education Data System.
294 b. An increase in the total annual research expenditures.
295 c. An increase in the total patents awarded by the United
296 States Patent and Trademark Office for the most recent years.
297 For each state university that has total research and
298 development expenditures for all fields of less than $100
299 million per year as reported annually to the National Science
300 Foundation, the aggregate sum of tuition and the tuition
301 differential may not be increased by more than 15 percent of the
302 total charged for the aggregate sum of these fees in the
303 preceding fiscal year.
304 4. The aggregate sum of undergraduate tuition and fees per
305 credit hour, including the tuition differential, may not exceed
306 the national average of undergraduate tuition and fees at 4-year
307 degree-granting public postsecondary educational institutions.
308 5. The tuition differential shall not be included in any
309 award under the Florida Bright Futures Scholarship Program
310 established pursuant to ss. 1009.53-1009.538.
311 6. Beneficiaries having prepaid tuition contracts pursuant
312 to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
313 which remain in effect, are exempt from the payment of the
314 tuition differential.
315 7. The tuition differential may not be charged to any
316 student who was in attendance at the university before July 1,
317 2007, and who maintains continuous enrollment.
318 8. The tuition differential may be waived by the university
319 for students who meet the eligibility requirements for the
320 Florida public student assistance grant established in s.
321 1009.50.
322 9. Subject to approval by the Board of Governors, the
323 tuition differential authorized pursuant to this subsection may
324 take effect with the 2009 fall term.
325 Section 5. Subsection (8) of section 1009.26, Florida
326 Statutes, is amended, and subsection (12) is added to that
327 section, to read:
328 1009.26 Fee waivers.—
329 (8) A state university, a or Florida College System
330 institution, a career center operated by a school district under
331 s. 1001.44, or a charter technical career center shall waive
332 tuition for undergraduate college credit programs and career
333 certificate programs tuition for each recipient of a Purple
334 Heart or another combat decoration superior in precedence who:
335 (a) Is enrolled as a full-time, part-time, or summer-school
336 student in a an undergraduate program that terminates in an
337 associate or a baccalaureate degree, a college credit or
338 certificate, or a career certificate;
339 (b) Is currently, and was at the time of the military
340 action that resulted in the awarding of the Purple Heart or
341 other combat decoration superior in precedence, a resident of
342 this state; and
343 (c) Submits to the state university, or the Florida College
344 System institution, the career center operated by a school
345 district under s. 1001.44, or the charter technical career
346 center the DD-214 form issued at the time of separation from
347 service as documentation that the student has received a Purple
348 Heart or another combat decoration superior in precedence. If
349 the DD-214 is not available, other documentation may be
350 acceptable if recognized by the United States Department of
351 Defense or the United States Department of Veterans Affairs as
352 documenting the award.
353
354 Such a waiver for a Purple Heart recipient or recipient of
355 another combat decoration superior in precedence shall be
356 applicable for 110 percent of the number of required credit
357 hours of the degree or certificate program for which the student
358 is enrolled.
359 (12)(a) A state university, a Florida College System
360 institution, a career center operated by a school district under
361 s. 1001.44, or a charter technical career center shall waive
362 out-of-state fees for students, including, but not limited to,
363 students who are undocumented for federal immigration purposes,
364 who meet the following conditions:
365 1. Attended a secondary school in this state for 3
366 consecutive years immediately before graduating from a high
367 school in this state;
368 2. Apply for enrollment in an institution of higher
369 education within 24 months after high school graduation; and
370 3. Submit an official Florida high school transcript as
371 evidence of attendance and graduation.
372 (b) Tuition and fees charged to a student who qualifies for
373 the out-of-state fee waiver under this subsection may not exceed
374 the tuition and fees charged to a resident student. The waiver
375 is applicable for 110 percent of the required credit hours of
376 the degree or certificate program for which the student is
377 enrolled. Each state university, Florida College System
378 institution, career center operated by a school district under
379 s. 1001.44, and charter technical career center shall report to
380 the Board of Governors and the State Board of Education,
381 respectively, the number and value of all fee waivers granted
382 annually under this subsection. By October 1 of each year, the
383 Board of Governors for the state universities and the State
384 Board of Education for Florida College System institutions,
385 career centers operated by a school district under s. 1001.44,
386 and charter technical career centers shall annually report for
387 the previous academic year the percentage of resident and
388 nonresident students enrolled systemwide.
389 (c) A state university student granted an out-of-state fee
390 waiver under this subsection must be considered a nonresident
391 student for purposes of calculating the systemwide total
392 enrollment of nonresident students as limited by regulation of
393 the Board of Governors. In addition, a student who is granted an
394 out-of-state fee waiver under this subsection is not eligible
395 for state financial aid under part III of this chapter and must
396 not be reported as a resident for tuition purposes.
397 Section 6. Paragraph (f) of subsection (1), paragraph (b)
398 of subsection (2), and subsection (5) of section 1009.21,
399 Florida Statutes, are amended, and paragraph (d) is added to
400 subsection (2) of that section, to read:
401 1009.21 Determination of resident status for tuition
402 purposes.—Students shall be classified as residents or
403 nonresidents for the purpose of assessing tuition in
404 postsecondary educational programs offered by charter technical
405 career centers or career centers operated by school districts,
406 in Florida College System institutions, and in state
407 universities.
408 (1) As used in this section, the term:
409 (f) “Parent” means either or both parents of a student, any
410 guardian of a student, or any person in a parental relationship
411 to a student the natural or adoptive parent or legal guardian of
412 a dependent child.
413 (2)
414 (b) However, with respect to a dependent child living with
415 an adult relative other than the child’s parent, such child may
416 qualify as a resident for tuition purposes if the adult relative
417 is a legal resident who has maintained legal residence in this
418 state for at least 12 consecutive months immediately before
419 prior to the child’s initial enrollment in an institution of
420 higher education, provided the child has resided continuously
421 with such relative for the 3 5 years immediately before prior to
422 the child’s initial enrollment in an institution of higher
423 education, during which time the adult relative has exercised
424 day-to-day care, supervision, and control of the child.
425 (d) A dependent child who is a United States citizen may
426 not be denied classification as a resident for tuition purposes
427 based solely upon the immigration status of his or her parent.
428 (5) A person who physically resides in this state may be
429 classified as a resident for tuition purposes if he or she
430 marries a person who meets the 12-month residency requirement
431 under subsection (2) and who is a legal resident of this state
432 In making a domiciliary determination related to the
433 classification of a person as a resident or nonresident for
434 tuition purposes, the domicile of a married person, irrespective
435 of sex, shall be determined, as in the case of an unmarried
436 person, by reference to all relevant evidence of domiciliary
437 intent. For the purposes of this section:
438 (a) A person shall not be precluded from establishing or
439 maintaining legal residence in this state and subsequently
440 qualifying or continuing to qualify as a resident for tuition
441 purposes solely by reason of marriage to a person domiciled
442 outside this state, even when that person’s spouse continues to
443 be domiciled outside of this state, provided such person
444 maintains his or her legal residence in this state.
445 (b) A person shall not be deemed to have established or
446 maintained a legal residence in this state and subsequently to
447 have qualified or continued to qualify as a resident for tuition
448 purposes solely by reason of marriage to a person domiciled in
449 this state.
450 (c) In determining the domicile of a married person,
451 irrespective of sex, the fact of the marriage and the place of
452 domicile of such person’s spouse shall be deemed relevant
453 evidence to be considered in ascertaining domiciliary intent.
454 Section 7. This act shall take effect July 1, 2014.
455
456 ================= T I T L E A M E N D M E N T ================
457 And the title is amended as follows:
458 Delete everything before the enacting clause
459 and insert:
460 A bill to be entitled
461 An act relating to postsecondary education tuition and
462 fees; amending s. 1009.98, F.S.; revising the
463 definition of the term “tuition differential”;
464 revising the purchase date of an advance payment
465 contract as it relates to the amount paid by the
466 Florida Prepaid College Board to a state university on
467 behalf of a qualified beneficiary; limiting the amount
468 paid by the board to a state university on behalf of a
469 qualified beneficiary; amending ss. 1009.22 and
470 1009.23, F.S.; revising the standard tuition and out
471 of-state fee for certain workforce education
472 postsecondary programs and certain programs at Florida
473 College System institutions; deleting a provision
474 relating to an increase in tuition and the out-of
475 state fee at a rate equal to inflation; amending s.
476 1009.24, F.S.; revising state university resident
477 undergraduate tuition; deleting a provision relating
478 to an increase in resident undergraduate tuition at a
479 rate equal to inflation; revising the annual
480 percentage increase allowed in the aggregrate sum of
481 tuition and the tuition differential; providing
482 requirements for an increase in the tuition
483 differential for certain universities; amending s.
484 1009.26, F.S.; requiring a state university, Florida
485 College System institution, career center operated by
486 a school district, or charter technical career center
487 to waive undergraduate tuition for a recipient of a
488 Purple Heart or another combat decoration superior in
489 precedence under certain conditions; providing for the
490 waiver of out-of-state fees for students based on
491 certain attendance, graduation, and enrollment
492 requirements; requiring reporting to the Board of
493 Governors and the State Board of Education relating to
494 the number and value of the fee waivers; providing
495 requirements for calculating the state university
496 systemwide enrollment of nonresident students;
497 restricting eligibility for state financial aid;
498 amending s. 1009.21, F.S., relating to the
499 determination of resident status for tuition purposes;
500 revising the definition of the term “parent”; revising
501 a residency requirement for a dependent child;
502 prohibiting denial of classification as a resident for
503 tuition purposes based on certain immigration status;
504 revising requirements relating to classification as a
505 resident for tuition purposes based on marriage;
506 providing an effective date.