Florida Senate - 2017                                    SB 1276
       
       
        
       By Senator Stargel
       
       
       
       
       
       22-00752A-17                                          20171276__
    1                        A bill to be entitled                      
    2         An act relating to postsecondary educational
    3         institution affordability; amending s. 1009.22, F.S.;
    4         prohibiting the Board of Trustees of Santa Fe College
    5         from increasing its transportation access fee;
    6         amending s. 1009.23, F.S.; providing that Florida
    7         College System institution boards of trustees may not
    8         increase certain student fees after a specified date;
    9         requiring the Chancellor of the Florida College System
   10         to submit a report detailing the revenue generated by
   11         the distance learning course user fee to the Governor
   12         and the Legislature by a specified date; amending s.
   13         1009.24, F.S.; providing that state universities may
   14         not increase certain student fees after a specified
   15         date; deleting obsolete language; removing a provision
   16         authorizing the Board of Governors to establish new
   17         student fees; requiring a university board of trustees
   18         to report the amount of revenue generated by the
   19         distance learning course fee to the Chancellor of the
   20         State University System by a specified date; requiring
   21         the chancellor to report to the Governor and the
   22         Legislature by a specified date; amending s. 1009.26,
   23         F.S.; requiring a state university to waive certain
   24         fees for specified graduate students; providing an
   25         effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Paragraph (a) of subsection (12) of section
   30  1009.22, Florida Statutes, is amended to read:
   31         1009.22 Workforce education postsecondary student fees.—
   32         (12)(a) The Board of Trustees of Santa Fe College may
   33  establish a transportation access fee. Revenue from the fee may
   34  be used only to provide or improve access to transportation
   35  services for students enrolled at Santa Fe College. The fee may
   36  not exceed $6 per credit hour. Effective July 1, 2017, the Board
   37  of Trustees of Santa Fe College may not An increase in the
   38  transportation access fee may occur only once each fiscal year
   39  and must be implemented beginning with the fall term. A
   40  referendum must be held by the student government to approve the
   41  application of the fee.
   42         Section 2. Upon the expiration and reversion of the
   43  amendment to section 1009.23, Florida Statutes, pursuant to
   44  section 36 of chapter 2016-62, Laws of Florida, subsection (4),
   45  paragraph (b) of subsection (6), subsection (7), paragraph (a)
   46  of subsection (8), subsection (10), paragraph (a) of subsection
   47  (11), paragraph (a) of subsection (12), subsection (15),
   48  paragraph (b) of subsection (16), subsection (17), and paragraph
   49  (a) of subsection (18) of section 1009.23, Florida Statutes, are
   50  amended to read:
   51         1009.23 Florida College System institution student fees.—
   52         (4) Each Florida College System institution board of
   53  trustees shall establish tuition and out-of-state fees; however,
   54  such tuition and fees, which may not exceed the amounts
   55  established and effective as of June 30, 2017 vary no more than
   56  10 percent below and 15 percent above the combined total of the
   57  standard tuition and fees established in subsection (3).
   58         (6)
   59         (b) A Florida College System institution board of trustees
   60  may establish a differential out-of-state fee for a student who
   61  has been determined to be a nonresident for tuition purposes
   62  pursuant to s. 1009.21 and is enrolled in a distance learning
   63  course offered by the institution. Effective July 1, 2017, a
   64  Florida College System institution board of trustees may not
   65  increase the differential out-of-state fee. A differential out
   66  of-state fee established pursuant to this paragraph applies
   67  shall be applicable only to distance learning courses and must
   68  be established such that the sum of tuition and the differential
   69  out-of-state fee is sufficient to defray the full cost of
   70  instruction.
   71         (7) Each Florida College System institution board of
   72  trustees may establish a separate activity and service fee not
   73  to exceed 10 percent of the tuition fee, according to rules of
   74  the State Board of Education. Effective July 1, 2017, a Florida
   75  College System institution board of trustees may not increase
   76  the activity and service fee. The student activity and service
   77  fee shall be collected as a component part of the tuition and
   78  fees. The student activity and service fees shall be paid into a
   79  student activity and service fund at the Florida College System
   80  institution and shall be expended for lawful purposes to benefit
   81  the student body in general. These purposes include, but are not
   82  limited to, student publications and grants to duly recognized
   83  student organizations, the membership of which is open to all
   84  students at the Florida College System institution without
   85  regard to race, sex, or religion. A No Florida College System
   86  institution may not shall be required to lower any activity and
   87  service fee approved by the board of trustees of the Florida
   88  College System institution and in effect prior to October 26,
   89  2007, in order to comply with the provisions of this subsection.
   90         (8)(a) Each Florida College System institution board of
   91  trustees is authorized to establish a separate fee for financial
   92  aid purposes in an additional amount up to, but not to exceed, 5
   93  percent of the total student tuition or out-of-state fees
   94  collected. Each Florida College System institution board of
   95  trustees may collect up to an additional 2 percent if the amount
   96  generated by the total financial aid fee is less than $500,000.
   97  If the amount generated is less than $500,000, a Florida College
   98  System institution that charges tuition and out-of-state fees at
   99  least equal to the average fees established by rule may transfer
  100  from the general current fund to the scholarship fund an amount
  101  equal to the difference between $500,000 and the amount
  102  generated by the total financial aid fee assessment. No other
  103  transfer from the general current fund to the loan, endowment,
  104  or scholarship fund, by whatever name known, is authorized.
  105  Effective July 1, 2017, a Florida College System institution
  106  board of trustees may not increase the financial aid fee.
  107         (10) Each Florida College System institution board of
  108  trustees is authorized to establish a separate fee for
  109  technology, which may not exceed 5 percent of tuition per credit
  110  hour or credit-hour equivalent for resident students and may not
  111  exceed 5 percent of tuition and the out-of-state fee per credit
  112  hour or credit-hour equivalent for nonresident students.
  113  Effective July 1, 2017, a Florida College System institution
  114  board of trustees may not increase the technology fee. Revenues
  115  generated from the technology fee shall be used to enhance
  116  instructional technology resources for students and faculty. The
  117  technology fee may apply to both college credit and
  118  developmental education and shall not be included in any award
  119  under the Florida Bright Futures Scholarship Program. Fifty
  120  percent of technology fee revenues may be pledged by a Florida
  121  College System institution board of trustees as a dedicated
  122  revenue source for the repayment of debt, including lease
  123  purchase agreements, not to exceed the useful life of the asset
  124  being financed. Revenues generated from the technology fee may
  125  not be bonded.
  126         (11)(a) Each Florida College System institution board of
  127  trustees may establish a separate fee for capital improvements,
  128  technology enhancements, equipping student buildings, or the
  129  acquisition of improved real property which may not exceed 20
  130  percent of tuition for resident students or 20 percent of the
  131  sum of tuition and out-of-state fees for nonresident students.
  132  Effective July 1, 2017, a Florida College System institution
  133  board of trustees may not increase the capital improvement The
  134  fee for resident students shall be limited to an increase of $2
  135  per credit hour over the prior year. Funds collected by Florida
  136  College System institutions through the fee may be bonded only
  137  as provided in this subsection for the purpose of financing or
  138  refinancing new construction and equipment, renovation,
  139  remodeling of educational facilities, or the acquisition and
  140  renovation or remodeling of improved real property for use as
  141  educational facilities. The fee shall be collected as a
  142  component part of the tuition and fees, paid into a separate
  143  account, and expended only to acquire improved real property or
  144  construct and equip, maintain, improve, or enhance the
  145  educational facilities of the Florida College System
  146  institution. Projects and acquisitions of improved real property
  147  funded through the use of the capital improvement fee shall meet
  148  the survey and construction requirements of chapter 1013.
  149  Pursuant to s. 216.0158, each Florida College System institution
  150  shall identify each project, including maintenance projects,
  151  proposed to be funded in whole or in part by such fee.
  152         (12)(a) In addition to tuition, out-of-state, financial
  153  aid, capital improvement, student activity and service, and
  154  technology fees authorized in this section, each Florida College
  155  System institution board of trustees is authorized to establish
  156  fee schedules for the following user fees and fines: laboratory
  157  fees, which do not apply to a distance learning course; parking
  158  fees and fines; library fees and fines; fees and fines relating
  159  to facilities and equipment use or damage; access or
  160  identification card fees; duplicating, photocopying, binding, or
  161  microfilming fees; standardized testing fees; diploma
  162  replacement fees; transcript fees; application fees; graduation
  163  fees; and late fees related to registration and payment. Such
  164  user fees and fines shall not exceed the cost of the services
  165  provided and shall only be charged to persons receiving the
  166  service. A Florida College System institution may not charge any
  167  fee except as authorized by law. Parking fee revenues may be
  168  pledged by a Florida College System institution board of
  169  trustees as a dedicated revenue source for the repayment of
  170  debt, including lease-purchase agreements, with an overall term
  171  of not more than 7 years, including renewals, extensions, and
  172  refundings, and revenue bonds with a term not exceeding 20 years
  173  and not exceeding the useful life of the asset being financed.
  174  Florida College System institutions shall use the services of
  175  the Division of Bond Finance of the State Board of
  176  Administration to issue any revenue bonds authorized by this
  177  subsection. Any such bonds issued by the Division of Bond
  178  Finance shall be in compliance with the provisions of the State
  179  Bond Act. Bonds issued pursuant to the State Bond Act may be
  180  validated in the manner established in chapter 75. The complaint
  181  for such validation shall be filed in the circuit court of the
  182  county where the seat of state government is situated, the
  183  notice required to be published by s. 75.06 shall be published
  184  only in the county where the complaint is filed, and the
  185  complaint and order of the circuit court shall be served only on
  186  the state attorney of the circuit in which the action is
  187  pending. Effective July 1, 2017, a Florida College System
  188  institution board of trustees may not increase any fee
  189  authorized in this paragraph.
  190         (15) Each Florida College System institution may assess a
  191  service charge for the payment of tuition and fees in
  192  installments and a convenience fee for the processing of
  193  automated or online credit card payments. However, the amount of
  194  the convenience fee may not exceed the total cost charged by the
  195  credit card company to the Florida College System institution.
  196  Such service charge or convenience fee must be approved by the
  197  Florida College System institution board of trustees. Effective
  198  July 1, 2017, a Florida College System institution board of
  199  trustees may not increase the service charge.
  200         (16)
  201         (b) The amount of the distance learning course user fee may
  202  not exceed the additional costs of the services provided which
  203  are attributable to the development and delivery of the distance
  204  learning course. If a Florida College System institution
  205  assesses the distance learning course user fee, the institution
  206  may not assess any other fees to cover the additional costs.
  207  Effective July 1, 2017, a Florida College System institution may
  208  not increase the distance learning course user fee in excess of
  209  the amount established and effective as of June 30, 2017. By
  210  September 1 of each year, each board of trustees shall report to
  211  the Division of Florida Colleges the total amount of revenue
  212  generated by the distance learning course user fee for the prior
  213  fiscal year and how the revenue was expended. By November 1 of
  214  each year, the Chancellor of the Florida College System shall
  215  submit a report totaling the amount of revenue generated by the
  216  distance learning course user fee for the prior fiscal year and
  217  how the revenue was expended, systemwide and for each
  218  institution, to the Governor, the President of the Senate, and
  219  the Speaker of the House of Representatives.
  220         (17) Each Florida College System institution that accepts
  221  transient students, pursuant to s. 1006.735, may establish a
  222  transient student fee not to exceed $5 per course for processing
  223  the transient student admissions application. Effective July 1,
  224  2017, a Florida College System institution board of trustees may
  225  not increase the transient student fee.
  226         (18)(a) The Board of Trustees of Santa Fe College may
  227  establish a transportation access fee. Revenue from the fee may
  228  be used only to provide or improve access to transportation
  229  services for students enrolled at Santa Fe College. The fee may
  230  not exceed $6 per credit hour. Effective July 1, 2017, the Board
  231  of Trustees of Santa Fe College may not An increase in the
  232  transportation access fee may occur only once each fiscal year
  233  and must be implemented beginning with the fall term. A
  234  referendum must be held by the student government to approve the
  235  application of the fee.
  236         Section 3. Upon the expiration and reversion of the
  237  amendment to section 1009.24, Florida Statutes, pursuant to
  238  section 36 of chapter 2016-62, Laws of Florida, paragraph (d) of
  239  subsection (4), subsections (7) through (15), and paragraph (b)
  240  of subsection (17) of section 1009.24, Florida Statutes, are
  241  amended to read:
  242         1009.24 State university student fees.—
  243         (4)
  244         (d) The sum of the activity and service, health, and
  245  athletic fees a student is required to pay to register for a
  246  course may not exceed 40 percent of the tuition established in
  247  law or in the General Appropriations Act. A No university may
  248  not shall be required to lower any fee in effect on the
  249  effective date of this act in order to comply with this
  250  subsection. Within the 40 percent cap, universities may not
  251  increase the aggregate sum of activity and service, health, and
  252  athletic fees more than 5 percent per year unless specifically
  253  authorized in law or in the General Appropriations Act.
  254  Effective July 1, 2017, a university may not increase its
  255  athletic fee to defray the costs associated with changing
  256  National Collegiate Athletic Association divisions. Any such
  257  increase in the athletic fee may exceed both the 40 percent cap
  258  and the 5 percent cap imposed by this subsection. Any such
  259  increase must be approved by the athletic fee committee in the
  260  process outlined in subsection (12) and may not exceed $2 per
  261  credit hour. Notwithstanding ss. 1009.534, 1009.535, and
  262  1009.536, that portion of any increase in an athletic fee
  263  pursuant to this subsection which causes the sum of the activity
  264  and service, health, and athletic fees to exceed the 40 percent
  265  cap or the annual increase in such fees to exceed the 5 percent
  266  cap may not be included in calculating the amount a student
  267  receives for a Florida Academic Scholars award, a Florida
  268  Medallion Scholars award, or a Florida Gold Seal Vocational
  269  Scholars award. Notwithstanding this paragraph and subject to
  270  approval by the board of trustees, each state university may
  271  exceed the 5-percent cap on the annual increase to the aggregate
  272  sum of activity and service, health, and athletic fees for the
  273  2010-2011 fiscal year. Any such increase may not exceed 15
  274  percent or the amount required to reach the 2009-2010 fiscal
  275  year statewide average for the aggregate sum of activity and
  276  service, health, and athletic fees at the main campuses,
  277  whichever is greater. The aggregate sum of the activity and
  278  service, health, and athletic fees may not exceed 40 percent of
  279  tuition. Any increase in the activity and service fee, health
  280  fee, or athletic fee must be approved by the appropriate fee
  281  committee pursuant to subsection (10), subsection (11), or
  282  subsection (12).
  283         (7) A university board of trustees is authorized to collect
  284  for financial aid purposes an amount not to exceed 5 percent of
  285  the tuition and out-of-state fee. Effective July 1, 2017, a
  286  university board of trustees may not increase the financial aid
  287  fee. The revenues from fees are to remain at each campus and
  288  replace existing financial aid fees. Such funds shall be
  289  disbursed to students as quickly as possible. A minimum of 75
  290  percent of funds from the student financial aid fee shall be
  291  used to provide financial aid based on absolute need. The Board
  292  of Governors shall develop criteria for making financial aid
  293  awards. Each university shall report annually to the Board of
  294  Governors and the Department of Education on the revenue
  295  collected pursuant to this subsection, the amount carried
  296  forward, the criteria used to make awards, the amount and number
  297  of awards for each criterion, and a delineation of the
  298  distribution of such awards. The report shall include an
  299  assessment by category of the financial need of every student
  300  who receives an award, regardless of the purpose for which the
  301  award is received. Awards that which are based on financial need
  302  shall be distributed in accordance with a nationally recognized
  303  system of need analysis approved by the Board of Governors. An
  304  award for academic merit requires shall require a minimum
  305  overall grade point average of 3.0 on a 4.0 scale or the
  306  equivalent for both initial receipt of the award and renewal of
  307  the award.
  308         (8)(a) The Capital Improvement Trust Fund fee is
  309  established as $4.76 per credit hour per semester.
  310         (b) Beginning with the 2012 fall term, each university
  311  board of trustees may increase the Capital Improvement Trust
  312  Fund fee. Any increase in the fee must be recommended by a
  313  Capital Improvement Trust Fund committee, at least half of whom
  314  are students appointed by the student body president. The
  315  remainder of the committee shall be appointed by the university
  316  president. A chair, appointed jointly by the university
  317  president and the student body president, shall vote only in the
  318  case of a tie. The recommendations of the committee shall take
  319  effect only after approval by the university president, after
  320  consultation with the student body president, with final
  321  approval by the university board of trustees. An increase in the
  322  fee may occur only once each fiscal year and must be implemented
  323  beginning with the fall term. The Board of Governors shall adopt
  324  regulations and timetables to implement the fee.
  325         (c) The fee may not exceed 10 percent of the tuition for
  326  resident students or 10 percent of the sum of tuition and out
  327  of-state fees for nonresident students. The fee for resident
  328  students shall be limited to an increase of $2 per credit hour
  329  over the prior year. The Capital Improvement Trust Fund fee may
  330  be used to fund any project or real property acquisition that
  331  meets the requirements of chapter 1013. The Division of Bond
  332  Finance of the State Board of Administration shall analyze any
  333  proposed reductions to the Capital Improvement Trust Fund fee to
  334  ensure consistency with prudent financial management of the bond
  335  program associated with the revenues from the fee. Effective
  336  July 1, 2017, a university board of trustees may not increase
  337  the Capital Improvement Trust Fund fee The Board of Governors
  338  shall approve any proposed fee reductions provided that no such
  339  reduction reduces the fee below the level established in
  340  paragraph (a).
  341         (9) Each university board of trustees is authorized to
  342  establish separate activity and service, health, and athletic
  343  fees. Effective July 1, 2017, a university board of trustees may
  344  not increase these fees. When duly established, the fees shall
  345  be collected as component parts of tuition and fees and shall be
  346  retained by the university and paid into the separate activity
  347  and service, health, and athletic funds. Notwithstanding any
  348  other provision of law to the contrary, a university may
  349  transfer revenues derived from the fees authorized pursuant to
  350  this subsection to a university direct-support organization of
  351  the university to be used only for the purpose of paying and
  352  securing debt on projects approved pursuant to s. 1010.62 and
  353  pursuant to a written agreement approved by the Board of
  354  Governors. The amount transferred may not exceed the amount
  355  authorized for annual debt service pursuant to s. 1010.62.
  356         (10)(a) Each university board of trustees shall establish a
  357  student activity and service fee on the main campus of the
  358  university. The university board may also establish a student
  359  activity and service fee on any branch campus or center.
  360  Effective July 1, 2017, a university board of trustees may not
  361  increase these student activity and service fees Any subsequent
  362  increase in the activity and service fee must be recommended by
  363  an activity and service fee committee, at least one-half of whom
  364  are students appointed by the student body president. The
  365  remainder of the committee shall be appointed by the university
  366  president. A chairperson, appointed jointly by the university
  367  president and the student body president, shall vote only in the
  368  case of a tie. The recommendations of the committee shall take
  369  effect only after approval by the university president, after
  370  consultation with the student body president, with final
  371  approval by the university board of trustees. An increase in the
  372  activity and service fee may occur only once each fiscal year
  373  and must be implemented beginning with the fall term. The Board
  374  of Governors is responsible for adopting the regulations and
  375  timetables necessary to implement these fees this fee.
  376         (b) The student activity and service fees shall be expended
  377  for lawful purposes to benefit the student body in general. This
  378  shall include, but shall not be limited to, student publications
  379  and grants to duly recognized student organizations, the
  380  membership of which is open to all students at the university
  381  without regard to race, sex, or religion. The fund may not
  382  benefit activities for which an admission fee is charged to
  383  students, except for student-government-association-sponsored
  384  concerts. The allocation and expenditure of the fund shall be
  385  determined by the student government association of the
  386  university, except that the president of the university may veto
  387  any line item or portion thereof within the budget when
  388  submitted by the student government association legislative
  389  body. The university president shall have 15 school days from
  390  the date of presentation of the budget to act on the allocation
  391  and expenditure recommendations, which shall be deemed approved
  392  if no action is taken within the 15 school days. If any line
  393  item or portion thereof within the budget is vetoed, the student
  394  government association legislative body shall within 15 school
  395  days make new budget recommendations for expenditure of the
  396  vetoed portion of the fund. If the university president vetoes
  397  any line item or portion thereof within the new budget
  398  revisions, the university president may reallocate by line item
  399  that vetoed portion to bond obligations guaranteed by activity
  400  and service fees. Unexpended funds and undisbursed funds
  401  remaining at the end of a fiscal year shall be carried over and
  402  remain in the student activity and service fund and be available
  403  for allocation and expenditure during the next fiscal year.
  404         (11) Each university board of trustees shall establish a
  405  student health fee on the main campus of the university. The
  406  university board of trustees may also establish a student health
  407  fee on any branch campus or center. Effective July 1, 2017, a
  408  university board of trustees may not Any subsequent increase
  409  these in the health fees fee must be recommended by a health
  410  committee, at least one-half of whom are students appointed by
  411  the student body president. The remainder of the committee shall
  412  be appointed by the university president. A chairperson,
  413  appointed jointly by the university president and the student
  414  body president, shall vote only in the case of a tie. The
  415  recommendations of the committee shall take effect only after
  416  approval by the university president, after consultation with
  417  the student body president, with final approval by the
  418  university board of trustees. An increase in the health fee may
  419  occur only once each fiscal year and must be implemented
  420  beginning with the fall term. The Board of Governors shall adopt
  421  is responsible for adopting the regulations and timetables
  422  necessary to implement these fees this fee.
  423         (12) Each university board of trustees shall establish a
  424  separate athletic fee on the main campus of the university. The
  425  university board may also establish a separate athletic fee on
  426  any branch campus or center. Effective July 1, 2017, a
  427  university board of trustees may not Any subsequent increase
  428  these in the athletic fees fee must be recommended by an
  429  athletic fee committee, at least one-half of whom are students
  430  appointed by the student body president. The remainder of the
  431  committee shall be appointed by the university president. A
  432  chairperson, appointed jointly by the university president and
  433  the student body president, shall vote only in the case of a
  434  tie. The recommendations of the committee shall take effect only
  435  after approval by the university president, after consultation
  436  with the student body president, with final approval by the
  437  university board of trustees. An increase in the athletic fee
  438  may occur only once each fiscal year and must be implemented
  439  beginning with the fall term. The Board of Governors is
  440  responsible for adopting the regulations and timetables
  441  necessary to implement these fees this fee.
  442         (13) Each university board of trustees may establish a
  443  technology fee of up to 5 percent of the tuition per credit
  444  hour. Effective July 1, 2017, a university board of trustees may
  445  not increase the technology fee. The revenue from this fee must
  446  shall be used to enhance instructional technology resources for
  447  students and faculty. The technology fee may not be included in
  448  any award under the Florida Bright Futures Scholarship Program
  449  established pursuant to ss. 1009.53-1009.538.
  450         (14) Except as otherwise provided in subsection (15), each
  451  university board of trustees is authorized to establish the
  452  following fees:
  453         (a) A nonrefundable application fee in an amount not to
  454  exceed $30.
  455         (b) An orientation fee in an amount not to exceed $35.
  456         (c) A fee for security, access, or identification cards.
  457  The annual fee for such a card may not exceed $10 per card. The
  458  maximum amount charged for a replacement card may not exceed
  459  $15.
  460         (d) Registration fees for audit and zero-hours
  461  registration; a service charge, which may not exceed $15, for
  462  the payment of tuition and fees in installments; and a late
  463  registration fee in an amount not less than $50 nor more than
  464  $100 to be imposed on students who fail to initiate registration
  465  during the regular registration period.
  466         (e) A late-payment fee in an amount not less than $50 nor
  467  more than $100 to be imposed on students who fail to pay or fail
  468  to make appropriate arrangements to pay (by means of installment
  469  payment, deferment, or third-party billing) tuition by the
  470  deadline set by each university. Each university may adopt
  471  specific procedures or policies for waiving the late-payment fee
  472  for minor underpayments.
  473         (f) Fees for transcripts and diploma replacement, not to
  474  exceed $10 per item.
  475         (g) A nonrefundable admissions deposit for undergraduate,
  476  graduate, and professional degree programs in an amount not to
  477  exceed $200. The admissions deposit shall be imposed at the time
  478  of an applicant’s acceptance to the university and shall be
  479  applied toward tuition upon enrollment. If the applicant does
  480  not enroll in the university, the admissions deposit shall be
  481  deposited in an auxiliary account of the university and used to
  482  expand financial assistance, scholarships, and student academic
  483  and career counseling services at the university. The Board of
  484  Governors shall adopt a policy that provides for the waiver of
  485  such admissions deposit on the basis of financial hardship.
  486         (h) A fee for miscellaneous health-related charges for
  487  services provided at cost by the university health center which
  488  are not covered by the health fee set under subsection (11).
  489         (i) Materials and supplies fees to offset the cost of
  490  materials or supplies that are consumed in the course of the
  491  student’s instructional activities, excluding the cost of
  492  equipment replacement, repairs, and maintenance.
  493         (j) Housing rental rates and miscellaneous housing charges
  494  for services provided by the university at the request of the
  495  student.
  496         (k) A charge representing the reasonable cost of efforts to
  497  collect payment of overdue accounts.
  498         (l) A service charge on university loans in lieu of
  499  interest and administrative handling charges.
  500         (m) A fee for off-campus course offerings when the location
  501  results in specific, identifiable increased costs to the
  502  university.
  503         (n) Library fees and fines, including charges for damaged
  504  and lost library materials, overdue reserve library books,
  505  interlibrary loans, and literature searches.
  506         (o) Fees relating to duplicating, photocopying, binding,
  507  and microfilming; copyright services; and standardized testing.
  508  These fees may be charged only to those who receive the
  509  services.
  510         (p) Fees and fines relating to the use, late return, and
  511  loss and damage of facilities and equipment.
  512         (q) A returned-check fee as authorized by s. 832.07(1) for
  513  unpaid checks returned to the university.
  514         (r) Traffic and parking fines, charges for parking decals,
  515  and transportation access fees.
  516         (s) An Educational Research Center for Child Development
  517  fee for child care and services offered by the center.
  518         (t) A transient student fee that may not exceed $5 per
  519  course for accepting a transient student and processing the
  520  transient student admissions application pursuant to s.
  521  1006.735.
  522  
  523  Effective July 1, 2017, a university board of trustees may not
  524  increase the fees established under this subsection With the
  525  exception of housing rental rates and except as otherwise
  526  provided, fees assessed pursuant to paragraphs (h)-(s) shall be
  527  based on reasonable costs of services. The Board of Governors
  528  shall adopt regulations and timetables necessary to implement
  529  the fees and fines authorized under this subsection. The fees
  530  assessed under this subsection may be used for debt only as
  531  authorized under s. 1010.62.
  532         (15)(a) The Board of Governors may approve:
  533         1. A proposal from a university board of trustees to
  534  establish a new student fee that is not specifically authorized
  535  by this section.
  536         2. A proposal from a university board of trustees to
  537  increase the current cap for an existing fee authorized pursuant
  538  to paragraphs (14)(a)-(g).
  539         3. a proposal from a university board of trustees to
  540  implement flexible tuition policies, such as undergraduate or
  541  graduate block tuition, block tuition differential, or market
  542  tuition rates for graduate-level online courses or graduate
  543  level courses offered through a university’s continuing
  544  education program. A block tuition policy for resident
  545  undergraduate students or undergraduate-level courses shall be
  546  based on the per-credit-hour undergraduate tuition established
  547  under subsection (4). A block tuition policy for nonresident
  548  undergraduate students shall be based on the per-credit-hour
  549  undergraduate tuition and out-of-state fee established under
  550  subsection (4). Flexible tuition policies, including block
  551  tuition, may not increase the state’s fiscal liability or
  552  obligation.
  553         (b) A proposal developed pursuant to paragraph (a) shall be
  554  submitted in accordance with guidelines established by the Board
  555  of Governors. Approval by the Board of Governors of such
  556  proposal must be made in accordance with the provisions of this
  557  subsection.
  558         (c) In reviewing a proposal to establish a new fee under
  559  subparagraph (a)1., the Board of Governors shall consider:
  560         1. The purpose to be served or accomplished by the new fee.
  561         2. Whether there is a demonstrable student-based need for
  562  the new fee that is not currently being met through existing
  563  university services, operations, or another fee.
  564         3. Whether the financial impact on students is warranted in
  565  light of other charges assessed to students for tuition and
  566  associated fees.
  567         4. Whether any restrictions, limitations, or conditions
  568  should be placed on the use of the fee.
  569         5. Whether there are outcome measures to indicate if the
  570  purpose for which the fee was established is accomplished.
  571         (d) In reviewing a proposal to increase or exceed the
  572  current cap for an existing fee under subparagraph (a)2., the
  573  Board of Governors shall consider:
  574         1. The services or operations currently being funded by the
  575  fee.
  576         2. Whether those services or operations can be performed
  577  more efficiently to alleviate the need for any increase.
  578         3. The additional or enhanced services or operations to be
  579  funded by the increase.
  580         4. Whether any alternative resources are available to meet
  581  the need.
  582         5. Whether the financial impact on students is warranted in
  583  light of other charges assessed to students for tuition and
  584  associated fees.
  585         (c)(e) In reviewing a proposal to implement a flexible
  586  tuition policy under paragraph (a) subparagraph (a)3., the Board
  587  of Governors shall consider:
  588         1. Whether the proposed tuition flexibility policy is
  589  aligned with the mission of the university.
  590         2. Whether the proposed tuition flexibility policy
  591  increases the state’s fiscal liabilities or obligations and, if
  592  so, the proposal shall be denied.
  593         3. Whether any restrictions, limitations, or conditions
  594  should be placed on the policy.
  595         4. How the proposed tuition flexibility policy will be
  596  implemented to honor the advance payment contracts of students
  597  who are beneficiaries of prepaid tuition contracts under s.
  598  1009.98.
  599         (d)(f) The Board of Governors shall submit an annual report
  600  to the President of the Senate, the Speaker of the House of
  601  Representatives, and the Governor summarizing the proposals
  602  received by the board during the preceding year and actions
  603  taken by the board in response to such proposals. The Board of
  604  Governors shall also include in the annual report the following
  605  information for each fee established pursuant to subparagraph
  606  (a)1.:
  607         1. The amount of the fee.
  608         2. The total revenues generated by the fee.
  609         3. Detailed expenditures of the revenues generated by the
  610  fee.
  611         (g) The aggregate sum of any fees established pursuant to
  612  subparagraph (a)1. that a student is required to pay to register
  613  for a course shall not exceed 10 percent of tuition.
  614         (h) Any fee established pursuant to subparagraph (a)1.
  615  shall not be included in any award under the Florida Bright
  616  Futures Scholarship Program established pursuant to ss. 1009.53
  617  1009.538.
  618         (i) The revenues generated by a fee established pursuant to
  619  subparagraph (a)1. may not be transferred to an auxiliary
  620  enterprise or a direct-support organization and may not be used
  621  for the purpose of paying or securing debt.
  622         (j) If the Board of Governors approves a university
  623  proposal to establish a fee pursuant to subparagraph (a)1., a
  624  fee committee shall be established at the university to make
  625  recommendations to the university president and the university
  626  board of trustees regarding how the revenue from the fee is to
  627  be spent and any subsequent changes to the fee. At least one
  628  half of the committee must be students appointed by the student
  629  body president. The remainder of the committee shall be
  630  appointed by the university president. A chair, appointed
  631  jointly by the university president and the student body
  632  president, shall vote only in the case of a tie.
  633         (k) An increase to an existing fee or a fee established
  634  pursuant to subparagraph (a)1. may occur no more than once each
  635  fiscal year and must be implemented beginning with the fall
  636  term.
  637         (17)
  638         (b) The amount of the distance learning course fee may not
  639  exceed the additional costs of the services provided which are
  640  attributable to the development and delivery of the distance
  641  learning course. If the distance learning course fee is assessed
  642  by a state university, the institution may not assess
  643  duplicative fees to cover the additional costs. Effective July
  644  1, 2017, a state university may not increase the distance
  645  learning course fee in excess of the amount established and
  646  effective as of June 30, 2017. By September 1 of each year, each
  647  board of trustees shall report to the Chancellor of the State
  648  University System the total amount of revenue generated by the
  649  distance learning course fee for the prior fiscal year and how
  650  the revenue was expended. By November 1 of each year, the
  651  Chancellor of the State University System shall report the total
  652  amount of revenue generated by the distance learning course fee
  653  for the prior fiscal year and how the revenue was expended,
  654  systemwide and for each institution, to the Governor, the
  655  President of the Senate, and the Speaker of the House of
  656  Representatives.
  657         Section 4. Subsection (15) is added to section 1009.26,
  658  Florida Statutes, to read:
  659         1009.26 Fee waivers.—
  660         (15) Each state university shall waive 25 percent of the
  661  cost of fees described in ss. 1009.24(7)-(14) and (17) for a
  662  graduate student who has a 0.25, or greater, full-time
  663  equivalent appointment as a graduate assistant, graduate
  664  research assistant, graduate teaching assistant, graduate
  665  research associate, or graduate teaching associate.
  666         Section 5. This act shall take effect July 1, 2017.