CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. SB 1288
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Diaz-Balart moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 3, between lines 13 and 14,
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16 and insert:
17 Section 2. Subsections (8), (9), and (16) of section
18 239.117, Florida Statutes, 1998 Supplement, are amended,
19 subsections (10) through (15) of said section are renumbered
20 as subsections (9) through (14), respectively, subsection (17)
21 is renumbered as subsection (15), and new subsections (16),
22 (17), and (18) are added to said section, to read:
23 239.117 Workforce development postsecondary student
24 fees.--
25 (8) Each school board and community college board of
26 trustees may establish a separate fee collect, for financial
27 aid purposes in, up to an additional amount of up to 10
28 percent of the student fees collected for workforce
29 development programs funded through the Workforce Development
30 Education Fund. All fees collected shall be deposited into a
31 separate workforce development student financial aid fee trust
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SENATE AMENDMENT
Bill No. SB 1288
Amendment No.
1 fund of the district or community college to support students
2 enrolled in workforce development programs. Any undisbursed
3 balance remaining in the trust fund and interest income
4 accruing to investments from the trust fund shall increase the
5 total funds available for distribution to workforce
6 development education students. Awards shall be based on
7 student financial need and distributed in accordance with a
8 nationally recognized system of need analysis approved by the
9 State Board for Career Education. Fees collected pursuant to
10 this subsection shall be allocated in an expeditious manner.
11 (9) A district school board or a community college
12 board of trustees may charge other fees only as authorized by
13 rule of the State Board of Education or the State Board of
14 Community Colleges.
15 (16) School boards and community college boards of
16 trustees may establish, by rule, a consumable supply fee for
17 postsecondary students enrolled in certificate career
18 education or supplemental courses.
19 (16) Community colleges and district school boards are
20 not authorized to charge students enrolled in workforce
21 development programs any fee that is not specifically
22 authorized by statute. In addition to matriculation, tuition,
23 financial aid, capital improvement, and technology fees, as
24 authorized in this section, community colleges and district
25 school boards are authorized to establish fee schedules for
26 the following user fees and fines: laboratory fees; parking
27 fees and fines; library fees and fines; fees and fines
28 relating to facilities and equipment use or damage; access or
29 identification card fees; duplicating, photocopying, binding,
30 or microfilming fees; standardized testing fees; diploma
31 replacement fees; transcript fees; application fees;
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Amendment No.
1 graduation fees; and late fees related to registration and
2 payment. Such user fees and fines shall not exceed the cost of
3 the services provided and shall only be charged to persons
4 receiving the service. Parking fee revenues may be pledged by
5 a community college board of trustees as a dedicated revenue
6 source for the repayment of debt, including lease-purchase
7 agreements and revenue bonds with terms not exceeding 20 years
8 and not exceeding the useful life of the asset being financed.
9 Community colleges shall use the services of the Division of
10 Bond Finance of the State Board of Administration to issue any
11 revenue bonds authorized by the provisions of this subsection.
12 Any such bonds issued by the Division of Bond Finance shall be
13 in compliance with the provisions of the State Bond Act. Bonds
14 issued pursuant to the State Bond Act shall be validated in
15 the manner established in chapter 75. The complaint for such
16 validation shall be filed in the circuit court of the county
17 where the seat of state government is situated, the notice
18 required to be published by s. 75.06 shall be published only
19 in the county where the complaint is filed, and the complaint
20 and order of the circuit court shall be served only on the
21 state attorney of the circuit in which the action is pending.
22 (17) Each district school board and community college
23 district board of trustees is authorized to establish specific
24 fees for workforce development instruction not reported for
25 state funding purposes or for workforce development
26 instruction not reported as state funded full-time equivalent
27 students. District school boards and district boards of
28 trustees are not required to charge any other fee specified in
29 this section for this type of instruction.
30 (18) Each district school board and community college
31 district board of trustees is authorized to establish a
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Amendment No.
1 separate fee for technology, not to exceed 5 percent of the
2 matriculation fee for resident students, and not more than 5
3 percent of the matriculation and tuition fee for nonresident
4 students, or the equivalent, to be expended in accordance with
5 technology improvement plans. The technology fee may apply
6 only to associate degree programs and courses. Fifty percent
7 of technology fee revenues may be pledged by a community
8 college board of trustees as a dedicated revenue source for
9 the repayment of debt, including lease-purchase agreements,
10 not to exceed the useful life of the asset being financed.
11 Revenues generated from the technology fee may not be bonded.
12 Section 3. Paragraph (t) of subsection (4) of section
13 240.319, Florida Statutes, 1998 Supplement, is amended to
14 read:
15 240.319 Community college district boards of trustees;
16 duties and powers.--
17 (4) Such rules, procedures, and policies for the
18 boards of trustees include, but are not limited to, the
19 following:
20 (t) Each board of trustees is authorized to borrow
21 funds and incur debt, including entering into lease-purchase
22 agreements and the issuance of revenue bonds as specifically
23 authorized and only for the purposes authorized in ss.
24 239.117(15) and (16)(17) and 240.35(14) and (15)(13), only for
25 the new construction and equipment, renovation, or remodeling
26 of educational facilities. At the option of the board of
27 trustees, bonds may be issued which are secured by a
28 combination of revenues authorized to be pledged to bonds
29 pursuant to ss. 239.117(15)(17) and 240.35(14)(13) or ss.
30 239.117(16) and 240.35(15). Lease-purchase agreements may be
31 secured by a combination of revenues as specifically
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Amendment No.
1 authorized pursuant to ss. 239.117(18) and 240.35(16).
2 Section 4. Subsections (6) and (7), and paragraphs (a)
3 and (c) of subsection (11) of section 240.35, Florida
4 Statutes, 1998 Supplement, are amended, subsection (15) is
5 renumbered as subsection (17), and new subsections (15) and
6 (16) are added to said section, to read:
7 240.35 Student fees.--Unless otherwise provided, the
8 provisions of this section apply only to fees charged for
9 college credit instruction leading to an associate in arts
10 degree, an associate in applied science degree, or an
11 associate in science degree and noncollege credit
12 college-preparatory courses defined in s. 239.105.
13 (6) Subject to review and final approval by the State
14 Board of Education, The State Board of Community Colleges
15 shall adopt by December 31 of each year a resident fee
16 schedule for the following fall for advanced and professional,
17 associate in science degree, and college-preparatory programs
18 that produce revenues in the amount of 25 percent of the full
19 prior year's cost of these programs. However, the board may
20 not adopt an annual fee increase in any program for resident
21 students which exceeds 10 percent. Fees for courses in
22 college-preparatory programs and associate in arts and
23 associate in science degree programs may be established at the
24 same level. In the absence of a provision to the contrary in
25 an appropriations act, the fee schedule shall take effect and
26 the colleges shall expend the funds on instruction. If the
27 Legislature provides for an alternative fee schedule
28 calculation in an appropriations act, the fee schedule shall
29 take effect the subsequent fall semester board shall establish
30 a fee schedule that produces the fee revenue established in
31 the appropriations act based on the assigned enrollment.
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Amendment No.
1 (7) Each community college board of trustees shall
2 establish matriculation and tuition fees, which may vary no
3 more than 10 percent below and 15 percent above from the fee
4 schedule adopted by the State Board of Community Colleges,
5 provided that any amount from 10 to 15 percent above the fee
6 schedule is used only to support safety and security purposes.
7 In order to assess an additional amount for safety and
8 security purposes, a community college board of trustees must
9 provide written justification to the State Board of Community
10 Colleges based on criteria approved by the local board of
11 trustees, including but not limited to criteria such as local
12 crime data and information, and strategies for the
13 implementation of local safety plans. For 1999-2000, each
14 community college is authorized to increase the sum of the
15 matriculation fee and technology fee by not more than 5
16 percent of the sum of the matriculation and local safety and
17 security fees in 1998-1999. However, no fee in 1999-2000
18 shall exceed the prescribed statutory limit. Should a college
19 decide to increase the matriculation fee, the funds raised by
20 increasing the matriculation fee must be expended solely for
21 additional safety and security purposes and shall not supplant
22 funding expended in the 1998-1999 budget for safety and
23 security purposes.
24 (11)(a) Each community college is authorized to
25 establish a separate fee collect for financial aid purposes in
26 an additional amount up to, but not to exceed, 5 percent of
27 the total student tuition or matriculation fees collected.
28 Each community college may collect up to an additional 2
29 percent if the amount generated by the total financial aid fee
30 is less than $250,000. If the amount generated is less than
31 $250,000, a community college that charges tuition and
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Amendment No.
1 matriculation fees at least equal to the average fees
2 established by rule may transfer from the general current fund
3 to the scholarship fund an amount equal to the difference
4 between $250,000 and the amount generated by the total
5 financial aid fee assessment. No other transfer from the
6 general current fund to the loan, endowment, or scholarship
7 fund, by whatever name known, is authorized.
8 (c) Up to 25 percent or $300,000, whichever is
9 greater, of the financial aid fees collected may be used to
10 assist students who demonstrate academic merit; who
11 participate in athletics, public service, cultural arts, and
12 other extracurricular programs as determined by the
13 institution; or who are identified as members of a targeted
14 gender or ethnic minority population. The financial aid fee
15 revenues allocated for athletic scholarships and fee
16 exemptions provided pursuant to subsection (17) (15) for
17 athletes shall be distributed equitably as required by s.
18 228.2001(3)(d). A minimum of 50 percent of the balance of
19 these funds shall be used to provide financial aid based on
20 absolute need, and the remainder of the funds shall be used
21 for academic merit purposes and other purposes approved by the
22 district boards of trustees. Such other purposes shall
23 include the payment of child care fees for students with
24 financial need. The State Board of Community Colleges shall
25 develop criteria for making financial aid awards. Each
26 college shall report annually to the Department of Education
27 on the criteria used to make awards, the amount and number of
28 awards for each criterion, and a delineation of the
29 distribution of such awards. Awards which are based on
30 financial need shall be distributed in accordance with a
31 nationally recognized system of need analysis approved by the
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1 State Board of Community Colleges. An award for academic merit
2 shall require a minimum overall grade point average of 3.0 on
3 a 4.0 scale or the equivalent for both initial receipt of the
4 award and renewal of the award.
5 (15) In addition to matriculation, tuition, financial
6 aid, capital improvement, student activity and service, and
7 technology fees authorized in this section, each board of
8 trustees is authorized to establish fee schedules for the
9 following user fees and fines: laboratory fees; parking fees
10 and fines; library fees and fines; fees and fines relating to
11 facilities and equipment use or damage; access or
12 identification card fees; duplicating, photocopying, binding,
13 or microfilming fees; standardized testing fees; diploma
14 replacement fees; transcript fees; application fees;
15 graduation fees; and late fees related to registration and
16 payment. Such user fees and fines shall not exceed the cost of
17 the services provided and shall only be charged to persons
18 receiving the service. Community colleges are not authorized
19 to charge any fee that is not specifically authorized by
20 statute. Parking fee revenues may be pledged by a community
21 college board of trustees as a dedicated revenue source for
22 the repayment of debt, including lease-purchase agreements and
23 revenue bonds with terms not exceeding 20 years and not
24 exceeding the useful life of the asset being financed.
25 Community colleges shall use the services of the Division of
26 Bond Finance of the State Board of Administration to issue any
27 revenue bonds authorized by the provisions of this subsection.
28 Any such bonds issued by the Division of Bond Finance shall be
29 in compliance with the provisions of the State Bond Act. Bonds
30 issued pursuant to the State Bond Act shall be validated in
31 the manner established in chapter 75. The complaint for such
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SENATE AMENDMENT
Bill No. SB 1288
Amendment No.
1 validation shall be filed in the circuit court of the county
2 where the seat of state government is situated, the notice
3 required to be published by s. 75.06 shall be published only
4 in the county where the complaint is filed, and the complaint
5 and order of the circuit court shall be served only on the
6 state attorney of the circuit in which the action is pending.
7 (16) Each community college district board of trustees
8 is authorized to establish a separate fee for technology,
9 which may not exceed 5 percent of the matriculation fee for
10 resident students or 5 percent of the matriculation and
11 tuition fee for nonresident students, to be expended according
12 to technology improvement plans. The technology fee may apply
13 to both college credit and college-preparatory instruction.
14 Fifty percent of technology fee revenues may be pledged by a
15 community college board of trustees as a dedicated revenue
16 source for the repayment of debt, including lease-purchase
17 agreements, not to exceed the useful life of the asset being
18 financed. Revenues generated from the technology fee may not
19 be bonded.
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21 (Redesignate subsequent sections.)
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24 ================ T I T L E A M E N D M E N T ===============
25 And the title is amended as follows:
26 On page 1, line 10, after the semicolon,
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28 insert:
29 amending s. 239.117, F.S.; revising provisions
30 relating to financial aid fees for workforce
31 development programs; specifying authorized
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SENATE AMENDMENT
Bill No. SB 1288
Amendment No.
1 fees for workforce development programs;
2 providing for parking fees and technology fees
3 to be pledged as dedicated funding sources for
4 the repayment of debt; amending s. 240.319,
5 F.S.; providing requirements for lease-purchase
6 agreements; correcting cross references;
7 amending s. 240.35, F.S.; revising requirements
8 regarding fee schedules, matriculation and
9 tuition fees, financial aid fees, and
10 technology fees; specifying fees authorized to
11 be established by community college boards of
12 trustees;
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