Senate Bill sb1368

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    Florida Senate - 2003                                  SB 1368

    By Senator Webster





    9-1065-03

  1                      A bill to be entitled

  2         An act relating to education; amending s.

  3         1009.22, F.S., relating to workforce

  4         development student fees; revising guidelines

  5         applicable to fees for vocational-preparatory

  6         instruction; providing restrictions on tuition

  7         and out-of-state fees that district school

  8         boards and community college boards of trustees

  9         may establish; allowing school boards and

10         community college boards to establish a

11         discretionary, separate student activity and

12         service fee; establishing a maximum amount for

13         discretionary fees; providing for uses of

14         revenues from discretionary fees; amending the

15         maximum allowable amount of the fee for capital

16         improvements, technology enhancements, or

17         equipping buildings; amending the maximum

18         amount that may be allocated from the capital

19         improvement fee revenues for child care

20         centers; deleting a restriction on the

21         applicability of the technology fee;

22         redesignating certain charges as user fees,

23         rather than fines; amending s. 1009.23, F.S.;

24         amending the maximum allowable amount of the

25         community college fee for capital improvements,

26         technology enhancements, or equipping student

27         buildings; amending the maximum amount that may

28         be allocated from the capital improvement fee

29         for child care centers conducted by the

30         community college; redesignating certain

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    Florida Senate - 2003                                  SB 1368
    9-1065-03




 1         charges as user fees, rather than fines;

 2         providing an effective date.

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 6         Section 1.  Paragraph (a) of subsection (3) and

 7  subsections (4), (5), (6), (7), and (9) of section 1009.22,

 8  Florida Statutes, are amended to read:

 9         1009.22  Workforce development postsecondary student

10  fees.--

11         (3)(a)  The Commissioner of Education shall provide to

12  the State Board of Education no later than December 31 of each

13  year a schedule of fees for workforce development education,

14  excluding continuing workforce education, for school districts

15  and community colleges. The fee schedule shall be based on the

16  amount of student fees necessary to produce 25 percent of the

17  prior year's average cost of a course of study leading to a

18  certificate or diploma. Except as otherwise provided by law,

19  fees for students who are not residents for tuition purposes

20  must offset the full cost of instruction. Fee-nonexempt

21  students enrolled in vocational-preparatory instruction shall

22  be charged fees equal to the fees charged for certificate

23  career education instruction or adult general-education

24  instruction. Each community college that conducts

25  college-preparatory and vocational-preparatory instruction in

26  the same class section may charge a single fee for both types

27  of instruction.

28         (4)(a)  Each district school board and community

29  college board of trustees shall establish tuition and

30  out-of-state fees, in an amount that may be no more than 10

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    Florida Senate - 2003                                  SB 1368
    9-1065-03




 1  percent below to 15 percent above the amount on the fee

 2  schedule adopted by the State Board of Education.

 3         (b)  A district school board or community college board

 4  that has a service area that borders another state may

 5  implement a plan for a differential out-of-state fee.

 6         (5)  Each district school board and community college

 7  board of trustees may establish the following discretionary

 8  fees in an amount not to exceed 15 percent of fees:

 9         (a)  A separate student activity and service fee. The

10  student activity and service fee must be collected as a

11  component part of the tuition and fees. Student activity and

12  service fees must be paid into a restricted account and

13  expended for campus-related activities for students, including

14  student publications, clubs, and organizations. Such funds may

15  not be expended for ongoing expenses in the operating budget

16  for student services such as counseling and financial aid

17  administration.

18         (b)  A separate fee for financial aid purposes in an

19  additional amount of up to 10 percent of the student fees

20  collected for workforce development programs funded through

21  the Workforce Development Education Fund. All fees collected

22  shall be deposited into a separate workforce development

23  student financial aid fee trust fund of the school district or

24  community college to support students enrolled in workforce

25  development programs. Any undisbursed balance remaining in the

26  trust fund and interest income accruing to investments from

27  the trust fund shall increase the total funds available for

28  distribution to workforce development education students.

29  Awards shall be based on student financial need and

30  distributed in accordance with a nationally recognized system

31  of need analysis approved by the State Board of Education.

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    Florida Senate - 2003                                  SB 1368
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 1  Fees collected pursuant to this paragraph subsection shall be

 2  allocated in an expeditious manner.

 3         (6)  Each district school board and community college

 4  board of trustees may establish a separate fee for capital

 5  improvements, technology enhancements, or equipping buildings

 6  which may not exceed $4.76 per credit hour or credit hour

 7  equivalent 5 percent of tuition for resident students or 5

 8  percent of tuition and out-of-state fees for nonresident

 9  students. Funds collected by community colleges through these

10  fees may be bonded only for the purpose of financing or

11  refinancing new construction and equipment, renovation, or

12  remodeling of educational facilities. The fee shall be

13  collected as a component part of the tuition and fees, paid

14  into a separate account, and expended only to construct and

15  equip, maintain, improve, or enhance the certificate career

16  education or adult education facilities of the school district

17  or community college. Projects funded through the use of the

18  capital improvement fee must meet the survey and construction

19  requirements of chapter 1013. Pursuant to s. 216.0158, each

20  district school board and community college board of trustees

21  shall identify each project, including maintenance projects,

22  proposed to be funded in whole or in part by such fee. Capital

23  improvement fee revenues may be pledged by a board of trustees

24  as a dedicated revenue source to the repayment of debt,

25  including lease-purchase agreements and revenue bonds, with a

26  term not to exceed 20 years, and not to exceed the useful life

27  of the asset being financed, only for the new construction and

28  equipment, renovation, or remodeling of educational

29  facilities. Community colleges may use the services of the

30  Division of Bond Finance of the State Board of Administration

31  to issue any bonds authorized through the provisions of this

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    Florida Senate - 2003                                  SB 1368
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 1  subsection. Any such bonds issued by the Division of Bond

 2  Finance shall be in compliance with the provisions of the

 3  State Bond Act. Bonds issued pursuant to the State Bond Act

 4  shall be validated in the manner provided by chapter 75. The

 5  complaint for such validation shall be filed in the circuit

 6  court of the county where the seat of state government is

 7  situated, the notice required to be published by s. 75.06

 8  shall be published only in the county where the complaint is

 9  filed, and the complaint and order of the circuit court shall

10  be served only on the state attorney of the circuit in which

11  the action is pending. A maximum of 15 percent cents per

12  credit hour may be allocated from the capital improvement fee

13  for child care centers conducted by the district school board

14  or community college board of trustees.

15         (7)  Each district school board and community college

16  board of trustees is authorized to establish a separate fee

17  for technology, not to exceed $1.80 per credit hour or

18  credit-hour equivalent for resident students and not more than

19  $5.40 per credit hour or credit-hour equivalent for

20  nonresident students, or the equivalent, to be expended in

21  accordance with technology improvement plans. The technology

22  fee may apply only to associate degree programs and courses.

23  Fifty percent of technology fee revenues may be pledged by a

24  community college board of trustees as a dedicated revenue

25  source for the repayment of debt, including lease-purchase

26  agreements, not to exceed the useful life of the asset being

27  financed. Revenues generated from the technology fee may not

28  be bonded.

29         (9)  Community college boards of trustees and district

30  school boards are not authorized to charge students enrolled

31  in workforce development programs any fee that is not

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    Florida Senate - 2003                                  SB 1368
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 1  specifically authorized by statute. In addition to tuition,

 2  out-of-state, financial aid, capital improvement, and

 3  technology fees, as authorized in this section, community

 4  college boards of trustees and district school boards are

 5  authorized to establish fee schedules for the following user

 6  fees and fines: laboratory fees; parking fees and fines;

 7  library fees and fines; fees and fines relating to facilities

 8  and equipment use or damage; access or identification card

 9  fees; duplicating, photocopying, binding, or microfilming

10  fees; standardized testing fees; diploma replacement fees;

11  transcript fees; application fees; graduation fees; and late

12  fees related to registration and payment. Such user fees and

13  fines shall not exceed the cost of the services provided and

14  shall only be charged to persons receiving the service.

15  Parking fee revenues may be pledged by a community college

16  board of trustees as a dedicated revenue source for the

17  repayment of debt, including lease-purchase agreements and

18  revenue bonds with terms not exceeding 20 years and not

19  exceeding the useful life of the asset being financed.

20  Community colleges shall use the services of the Division of

21  Bond Finance of the State Board of Administration to issue any

22  revenue bonds authorized by the provisions of this subsection.

23  Any such bonds issued by the Division of Bond Finance shall be

24  in compliance with the provisions of the State Bond Act. Bonds

25  issued pursuant to the State Bond Act shall be validated in

26  the manner established in chapter 75. The complaint for such

27  validation shall be filed in the circuit court of the county

28  where the seat of state government is situated, the notice

29  required to be published by s. 75.06 shall be published only

30  in the county where the complaint is filed, and the complaint

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    Florida Senate - 2003                                  SB 1368
    9-1065-03




 1  and order of the circuit court shall be served only on the

 2  state attorney of the circuit in which the action is pending.

 3         Section 2.  Subsections (4), (11), and (12) of section

 4  1009.23, Florida Statutes, are amended to read:

 5         1009.23  Community college student fees.--

 6         (4)  Each community college board of trustees shall

 7  establish tuition and out-of-state fees, which may vary no

 8  more than 10 percent below and 15 percent above the combined

 9  total of the fee schedule adopted by the State Board of

10  Education and the technology fee adopted by a board of

11  trustees, provided that any amount from 10 to 15 percent above

12  the fee schedule is used only to support safety and security

13  purposes. In order to assess an additional amount for safety

14  and security purposes, a community college board of trustees

15  must provide written justification to the State Board of

16  Education based on criteria approved by the board of trustees,

17  including, but not limited to, criteria such as local crime

18  data and information, and strategies for the implementation of

19  local safety plans. Should a college decide to increase the

20  tuition fee, the funds raised by increasing the tuition fee

21  must be expended solely for additional safety and security

22  purposes and shall not supplant funding expended in the

23  1998-1999 budget for safety and security purposes.

24         (11)  Each community college board of trustees may

25  establish a separate fee for capital improvements, technology

26  enhancements, or equipping student buildings which may not

27  exceed $4.76 $1 per credit hour or credit-hour equivalent for

28  residents and which equals or exceeds $3 per credit hour for

29  nonresidents. Funds collected by community colleges through

30  these fees may be bonded only for the purpose of financing or

31  refinancing new construction and equipment, renovation, or

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    Florida Senate - 2003                                  SB 1368
    9-1065-03




 1  remodeling of educational facilities. The fee shall be

 2  collected as a component part of the tuition and fees, paid

 3  into a separate account, and expended only to construct and

 4  equip, maintain, improve, or enhance the educational

 5  facilities of the community college. Projects funded through

 6  the use of the capital improvement fee shall meet the survey

 7  and construction requirements of chapter 1013. Pursuant to s.

 8  216.0158, each community college shall identify each project,

 9  including maintenance projects, proposed to be funded in whole

10  or in part by such fee. Capital improvement fee revenues may

11  be pledged by a board of trustees as a dedicated revenue

12  source to the repayment of debt, including lease-purchase

13  agreements and revenue bonds, with a term not to exceed 20

14  years, and not to exceed the useful life of the asset being

15  financed, only for the new construction and equipment,

16  renovation, or remodeling of educational facilities. Community

17  colleges may use the services of the Division of Bond Finance

18  of the State Board of Administration to issue any bonds

19  authorized through the provisions of this subsection. Any such

20  bonds issued by the Division of Bond Finance shall be in

21  compliance with the provisions of the State Bond Act. Bonds

22  issued pursuant to the State Bond Act shall be validated in

23  the manner provided by chapter 75. The complaint for such

24  validation shall be filed in the circuit court of the county

25  where the seat of state government is situated, the notice

26  required to be published by s. 75.06 shall be published only

27  in the county where the complaint is filed, and the complaint

28  and order of the circuit court shall be served only on the

29  state attorney of the circuit in which the action is pending.

30  A maximum of 15 percent cents per credit hour may be allocated

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    Florida Senate - 2003                                  SB 1368
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 1  from the capital improvement fee for child care centers

 2  conducted by the community college.

 3         (12)  In addition to tuition, out-of-state, financial

 4  aid, capital improvement, student activity and service, and

 5  technology fees authorized in this section, each community

 6  college board of trustees is authorized to establish fee

 7  schedules for the following user fees and fines: laboratory

 8  fees; parking fees and fines; library fees and fines; fees and

 9  fines relating to facilities and equipment use or damage;

10  access or identification card fees; duplicating, photocopying,

11  binding, or microfilming fees; standardized testing fees;

12  diploma replacement fees; transcript fees; application fees;

13  graduation fees; and late fees related to registration and

14  payment. Such user fees and fines shall not exceed the cost of

15  the services provided and shall only be charged to persons

16  receiving the service. A community college may not charge any

17  fee except as authorized by law or rules of the State Board of

18  Education. Parking fee revenues may be pledged by a community

19  college board of trustees as a dedicated revenue source for

20  the repayment of debt, including lease-purchase agreements and

21  revenue bonds with terms not exceeding 20 years and not

22  exceeding the useful life of the asset being financed.

23  Community colleges shall use the services of the Division of

24  Bond Finance of the State Board of Administration to issue any

25  revenue bonds authorized by the provisions of this subsection.

26  Any such bonds issued by the Division of Bond Finance shall be

27  in compliance with the provisions of the State Bond Act. Bonds

28  issued pursuant to the State Bond Act shall be validated in

29  the manner established in chapter 75. The complaint for such

30  validation shall be filed in the circuit court of the county

31  where the seat of state government is situated, the notice

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    Florida Senate - 2003                                  SB 1368
    9-1065-03




 1  required to be published by s. 75.06 shall be published only

 2  in the county where the complaint is filed, and the complaint

 3  and order of the circuit court shall be served only on the

 4  state attorney of the circuit in which the action is pending.

 5         Section 3.  This act shall take effect July 1, 2003.

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 8                          SENATE SUMMARY

 9    Amends provisions relating to the maximum amounts and the
      allocation of workforce development student fees and
10    community college student fees.

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