Senate Bill sb1798

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    Florida Senate - 2003                                  SB 1798

    By Senator Smith





    14-736A-03

  1                      A bill to be entitled

  2         An act relating to postsecondary education;

  3         amending s. 1001.74, F.S.; providing that a

  4         university board of trustees shall establish

  5         the fees for the university, including instate

  6         undergraduate matriculation, instate graduate

  7         and professional tuition, and out-of-state

  8         undergraduate, graduate, and professional

  9         matriculation; requiring a plan for setting

10         fees, which allows base tuition or

11         matriculation to be reset initially and

12         increased annually, subject to specified

13         guidelines; requiring the plan to specify the

14         percentage of the increase which is to be spent

15         on increased need-based financial aid;

16         providing for block tuition; providing for the

17         university to retain the proceeds and providing

18         for deposit; allowing each board of trustees to

19         waive tuition, matriculation, and certain fees;

20         requiring a report of waivers; amending s.

21         1009.24, F.S., relating to state university

22         student fees; amending the formula for

23         calculating the maximum amounts of certain

24         fees; assigning certain duties to the Board of

25         Governors, rather than the State Board of

26         Education or the Department of Education;

27         providing that the State Board of Education is

28         responsible for certain policies, as well as

29         rules and timetables; deleting the

30         authorization of boards of trustees to

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    Florida Senate - 2003                                  SB 1798
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  1         establish specified fees at specified maximum

  2         amounts; providing an effective date.

  3

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

  5

  6         Section 1.  Present subsections (12)-(41) of section

  7  1001.74, Florida Statutes, are redesignated as subsections

  8  (15)-(44), respectively, present subsection (11) is

  9  redesignated as subsection (14) and amended, and new

10  subsections (11), (12), and (13) are added to that section, to

11  read:

12         1001.74  Powers and duties of university boards of

13  trustees.--

14         (11)  Each board of trustees shall establish instate

15  undergraduate matriculation within proviso language in the

16  General Appropriations Act. A board of trustees also may

17  establish, for all or a portion of its instate undergraduate

18  students, block tuition within an established range of credit

19  hours. The board of trustees shall set such block tuition at a

20  level equivalent to the cost of the median number of credit

21  hours within the established range. The per-credit charge for

22  each credit hour within the median number of credit hours must

23  be the same as the per-credit hour charge for instate

24  undergraduate matriculation which is authorized within proviso

25  language in the General Appropriations Act. The university

26  shall retain the matriculation that it collects and shall

27  deposit it into separate funds.

28         (12)  Notwithstanding any provision of law to the

29  contrary, each board of trustees shall establish instate

30  graduate and professional tuition and out-of-state

31  undergraduate, graduate, and professional matriculation,

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  1  pursuant to a plan to achieve a level equivalent to the median

  2  of the university's self-selected public peer institutions as

  3  reported by the United States Department of Education National

  4  Center for Educational Statistics. The plan may allow the

  5  university initially to reset the base tuition or

  6  matriculation to a new level not exceeding the national median

  7  for the university's self-selected public peer institutions

  8  and, after that, to limit annual increases to no more than 20

  9  percent. Such a plan must specify the minimum percentage of

10  each annual increase which will be spent for increased

11  need-based financial aid. A board of trustees also may

12  establish, for all or a portion of its instate graduate and

13  professional students and for all or a portion of its

14  out-of-state undergraduate, graduate, and professional

15  students, block tuition within an established range of credit

16  hours. The board of trustees shall set such block tuition at a

17  level equivalent to the cost of the median number of credit

18  hours within the established range. The university shall

19  retain the tuition and the graduate and professional

20  matriculation that it collects and shall deposit those moneys

21  into separate funds.

22         (13)  Each board of trustees may waive tuition and

23  matriculation for purposes that support and enhance the

24  mission of the university. Each university shall annually

25  report the purpose, number, and value of all waivers granted,

26  in a format prescribed and reviewed by the Board of Governors.

27  Each board of trustees also may waive any fees that a student

28  is required to pay to register for a course.

29         (14)(11)  Each board of trustees shall establish

30  university fees pursuant to ss. 1009.24 and 1009.26.

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  1         Section 2.  Section 1009.24, Florida Statutes, is

  2  amended to read:

  3         1009.24  State university student fees.--

  4         (1)  This section applies to students enrolled in

  5  college credit programs at state universities.

  6         (2)  All students shall be charged fees except students

  7  who are exempt from fees or students whose fees are waived.

  8         (3)  Within proviso in the General Appropriations Act

  9  and law, each board of trustees shall set university tuition

10  and fees. The sum of the activity and service, health, and

11  athletic fees a student is required to pay to register for a

12  course shall not exceed 40 percent of the matriculation

13  tuition established in law or in the General Appropriations

14  Act. No university shall be required to lower any fee in

15  effect on the effective date of this act in order to comply

16  with this subsection. Within the 40 percent cap, universities

17  may not increase the aggregate sum of activity and service,

18  health, and athletic fees more than 5 percent per year unless

19  specifically authorized in law or in the General

20  Appropriations Act. This subsection does not prohibit a

21  university from increasing or assessing optional fees related

22  to specific activities if payment of such fees is not required

23  as a part of registration for courses.

24         (4)  A university that has a service area that borders

25  another state may implement a plan for a differential

26  out-of-state fee.

27         (4)(5)  Students who are enrolled in Programs in

28  Medical Sciences are considered graduate students for the

29  purpose of enrollment and student fees.

30         (5)(6)  A university board of trustees is authorized to

31  collect for financial aid purposes an amount not to exceed 5

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  1  percent of the matriculation and tuition and out-of-state fee.

  2  The revenues from fees are to remain at each campus and

  3  replace existing financial aid fees. Such funds shall be

  4  disbursed to students as quickly as possible. A minimum of 75

  5  percent of funds from the student financial aid fee for new

  6  financial aid awards shall be used to provide financial aid

  7  based on absolute need. A student who has received an award

  8  prior to July 1, 1984, shall have his or her eligibility

  9  assessed on the same criteria that were used at the time of

10  his or her original award. The Board of Governors State Board

11  of Education shall develop general criteria for making

12  financial aid awards. Each university shall report annually to

13  the Board of Governors Department of Education on the revenue

14  collected pursuant to this subsection, the amount carried

15  forward, the criteria used to make awards, the amount and

16  number of awards for each criterion, and a delineation of the

17  distribution of such awards.  The report shall include an

18  assessment by category of the financial need of every student

19  who receives an award, regardless of the purpose for which the

20  award is received. Awards which are based on financial need

21  shall be distributed in accordance with a nationally

22  recognized system of need analysis approved by the Board of

23  Governors State Board of Education. An award for academic

24  merit shall require a minimum overall grade point average of

25  3.0 on a 4.0 scale or the equivalent for both initial receipt

26  of the award and renewal of the award.

27         (6)(7)  The Capital Improvement Trust Fund fee is

28  established as $2.44 per credit hour per semester. The

29  building fee is established as $2.32 per credit hour per

30  semester.

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  1         (7)(8)  Each university board of trustees is authorized

  2  to establish separate activity and service, health, and

  3  athletic fees. When duly established, the fees set by a

  4  university board of trustees shall be collected as component

  5  parts of matriculation tuition and fees and shall be retained

  6  by the university and deposited into separate paid into the

  7  separate activity and service, health, and athletic funds.

  8         (8)(9)(a)  Each university board of trustees shall

  9  establish a student activity and service fee on the main

10  campus of the university. The university board may also

11  establish a student activity and service fee on any branch

12  campus or center. Any subsequent increase in the activity and

13  service fee must be recommended by an activity and service fee

14  committee, at least one-half of whom are students appointed by

15  the student body president. The remainder of the committee

16  shall be appointed by the university president. A chairperson,

17  appointed jointly by the university president and the student

18  body president, shall vote only in the case of a tie. The

19  recommendations of the committee shall take effect only after

20  approval by the university president, after consultation with

21  the student body president, with final approval by the

22  university board of trustees. An increase in the activity and

23  service fee may occur only once each fiscal year and must be

24  implemented beginning with the fall term. The State Board of

25  Education is responsible for promulgating the rules or

26  policies and timetables necessary to implement this fee.

27         (b)  The student activity and service fees shall be

28  expended for lawful purposes to benefit the student body in

29  general. This shall include, but shall not be limited to,

30  student publications and grants to duly recognized student

31  organizations, the membership of which is open to all students

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  1  at the university without regard to race, sex, or religion.

  2  The fund may not benefit activities for which an admission fee

  3  is charged to students, except for

  4  student-government-association-sponsored concerts. The

  5  allocation and expenditure of the fund shall be determined by

  6  the student government association of the university, except

  7  that the president of the university may veto any line item or

  8  portion thereof within the budget when submitted by the

  9  student government association legislative body. The

10  university president shall have 15 school days from the date

11  of presentation of the budget to act on the allocation and

12  expenditure recommendations, which shall be deemed approved if

13  no action is taken within the 15 school days. If any line item

14  or portion thereof within the budget is vetoed, the student

15  government association legislative body shall within 15 school

16  days make new budget recommendations for expenditure of the

17  vetoed portion of the fund. If the university president vetoes

18  any line item or portion thereof within the new budget

19  revisions, the university president may reallocate by line

20  item that vetoed portion to bond obligations guaranteed by

21  activity and service fees. Unexpended funds and undisbursed

22  funds remaining at the end of a fiscal year shall be carried

23  over and remain in the student activity and service fund and

24  be available for allocation and expenditure during the next

25  fiscal year.

26         (9)(10)  Each university board of trustees shall

27  establish a student health fee on the main campus of the

28  university. The university board of trustees may also

29  establish a student health fee on any branch campus or center.

30  Any subsequent increase in the health fee must be recommended

31  by a health committee, at least one-half of whom are students

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  1  appointed by the student body president. The remainder of the

  2  committee shall be appointed by the university president. A

  3  chairperson, appointed jointly by the university president and

  4  the student body president, shall vote only in the case of a

  5  tie. The recommendations of the committee shall take effect

  6  only after approval by the university president, after

  7  consultation with the student body president, with final

  8  approval by the university board of trustees. An increase in

  9  the health fee may occur only once each fiscal year and must

10  be implemented beginning with the fall term. The Board of

11  Governors State Board of Education is responsible for

12  promulgating the rules or policies and timetables necessary to

13  implement this fee.

14         (10)(11)  Each university board of trustees shall

15  establish a separate athletic fee on the main campus of the

16  university. The university board may also establish a separate

17  athletic fee on any branch campus or center. Any subsequent

18  increase in the athletic fee must be recommended by an

19  athletic fee committee, at least one-half of whom are students

20  appointed by the student body president. The remainder of the

21  committee shall be appointed by the university president. A

22  chairperson, appointed jointly by the university president and

23  the student body president, shall vote only in the case of a

24  tie. The recommendations of the committee shall take effect

25  only after approval by the university president, after

26  consultation with the student body president, with final

27  approval by the university board of trustees. An increase in

28  the athletic fee may occur only once each fiscal year and must

29  be implemented beginning with the fall term. The Board of

30  Governors State Board of Education is responsible for

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  1  promulgating the rules or policies and timetables necessary to

  2  implement this fee.

  3         (12)  Each university board of trustees is authorized

  4  to establish the following fees:

  5         (a)  A nonrefundable application fee in an amount not

  6  to exceed $30.

  7         (b)  An orientation fee in an amount not to exceed $35.

  8         (c)  A fee for security, access, or identification

  9  cards. The annual fee for such a card may not exceed $10 per

10  card. The maximum amount charged for a replacement card may

11  not exceed $15.

12         (d)  Registration fees for audit and zero-hours

13  registration; a service charge, which may not exceed $15, for

14  the payment of tuition in installments; and a

15  late-registration fee in an amount not less than $50 nor more

16  than $100 to be imposed on students who fail to initiate

17  registration during the regular registration period.

18         (e)  A late-payment fee in an amount not less than $50

19  nor more than $100 to be imposed on students who fail to pay

20  or fail to make appropriate arrangements to pay (by means of

21  installment payment, deferment, or third-party billing)

22  tuition by the deadline set by each university. Each

23  university may adopt specific procedures or policies for

24  waiving the late-payment fee for minor underpayments.

25         (f)  A fee for miscellaneous health-related charges for

26  services provided at cost by the university health center

27  which are not covered by the health fee set under subsection

28  (10).

29         (g)  Materials and supplies fees to offset the cost of

30  materials or supplies that are consumed in the course of the

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  1  student's instructional activities, excluding the cost of

  2  equipment replacement, repairs, and maintenance.

  3         (h)  Housing rental rates and miscellaneous housing

  4  charges for services provided by the university at the request

  5  of the student.

  6         (i)  A charge representing the reasonable cost of

  7  efforts to collect payment of overdue accounts.

  8         (j)  A service charge on university loans in lieu of

  9  interest and administrative handling charges.

10         (k)  A fee for off-campus course offerings when the

11  location results in specific, identifiable increased costs to

12  the university.

13         (l)  Library fees and fines, including charges for

14  damaged and lost library materials, overdue reserve library

15  books, interlibrary loans, and literature searches.

16         (m)  Fees relating to duplicating, photocopying,

17  binding, and microfilming; copyright services; and

18  standardized testing. These fees may be charged only to those

19  who receive the services.

20         (n)  Fees and fines relating to the use, late return,

21  and loss and damage of facilities and equipment.

22         (o)  A returned-check fee as authorized by s. 832.07(1)

23  for unpaid checks returned to the university.

24         (p)  Traffic and parking fines, charges for parking

25  decals, and transportation access fees.

26         (q)  An Educational Research Center for Child

27  Development fee for child care and services offered by the

28  center.

29         (r)  Fees for transcripts and diploma replacement, not

30  to exceed $10 per item.

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  1         (13)  The board of trustees of the University of

  2  Florida is authorized to establish an admissions deposit fee

  3  for the University of Florida College of Dentistry in an

  4  amount not to exceed $200.

  5         (14)  Each university may assess a service charge for

  6  the payment of tuition and fees in installments. Such service

  7  charge must be approved by the university board of trustees.

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

  9

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11                          SENATE SUMMARY

12    Substantially revises the powers and duties of university
      boards of trustees relating to setting fees, by allowing
13    the boards to set tuition and matriculation fees.
      Reassigns certain powers relating to fees from the State
14    Board of Education or the Department of Education to the
      Board of Governors. (See bill for details.)
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