| 1 | A bill to be entitled |
| 2 | An act relating to higher education finance policy; |
| 3 | creating s. 1004.09, F.S.; requiring community colleges |
| 4 | and state universities to submit annual reports that |
| 5 | examine affordability and access; prescribing contents of |
| 6 | the report; creating s. 1004.215, F.S.; requiring |
| 7 | university boards of trustees to develop policies and |
| 8 | procedures relating to program completion; providing |
| 9 | credit hours to be included in enrollment calculations; |
| 10 | providing that certain credit hours be omitted from |
| 11 | enrollment calculations; authorizing state universities to |
| 12 | establish an excess hour surcharge; requiring approval of |
| 13 | policies by the Board of Governors prior to |
| 14 | implementation; specifying that provisions become |
| 15 | effective for students entering a community college or |
| 16 | state university for the first time in the 2004-2005 |
| 17 | academic year and thereafter; requiring a study and a |
| 18 | report by the Office of Program Policy Analysis and |
| 19 | Government Accountability; amending s. 1007.27, F.S.; |
| 20 | requiring community colleges and state universities to |
| 21 | award credit for certain dual enrollment courses; deleting |
| 22 | obsolete provisions; amending s. 1009.21, F.S.; requiring |
| 23 | classification as a resident or nonresident for purposes |
| 24 | of assessing tuition for certain programs and determining |
| 25 | eligibility to participate in selected financial |
| 26 | assistance programs; revising definitions; revising |
| 27 | provisions relating to determination of resident status; |
| 28 | classifying certain dependent children as residents for |
| 29 | tuition purposes; updating obsolete terminology; amending |
| 30 | s. 1009.23, F.S., relating to community college student |
| 31 | fees; providing authorization for tuition and fees in |
| 32 | selected baccalaureate degree programs; revising |
| 33 | provisions relating to the financial aid fee; revising |
| 34 | eligibility requirements for financial aid fee award |
| 35 | recipients; revising provisions relating to the fee for |
| 36 | capital improvements, technology enhancements, or |
| 37 | equipping student buildings; deleting provisions relating |
| 38 | to fines assessed by community colleges; amending s. |
| 39 | 1009.24, F.S., relating to state university student fees; |
| 40 | revising provisions relating to tuition and out-of-state |
| 41 | fees; deleting the cap on annual increases of certain |
| 42 | fees; revising eligibility requirements for financial aid |
| 43 | fee award recipients; increasing the capital improvement |
| 44 | and building fees and authorizing an additional |
| 45 | discretionary amount; authorizing a technology fee not to |
| 46 | exceed certain limits; providing requirements for |
| 47 | establishment or modification of the technology fee; |
| 48 | requiring a billing statement each semester; requiring |
| 49 | each university board of trustees to propose a block |
| 50 | tuition and fee policy and other incentive policies; |
| 51 | requiring each university board of trustees to establish a |
| 52 | fee policy for nondegree-seeking students; providing |
| 53 | exemption for certain students; amending s. 1009.25, F.S.; |
| 54 | revising provisions relating to fee exemptions for |
| 55 | students in apprenticeship programs; amending s. 1009.40, |
| 56 | F.S.; revising provisions relating to general eligibility |
| 57 | requirements for state financial aid awards; creating s. |
| 58 | 1011.901, F.S.; providing incentive funding for targeted |
| 59 | degree programs at state universities; specifying the |
| 60 | targeted discipline areas for the 2004-2005 fiscal year; |
| 61 | providing for identification of certain academic |
| 62 | disciplines and courses; establishing a process to |
| 63 | identify targeted critical areas in future years; |
| 64 | requiring an allocation methodology; requiring an annual |
| 65 | report; amending s. 1011.94, F.S., relating to the Trust |
| 66 | Fund for University Major Gifts; revising provisions |
| 67 | relating to the use of proceeds; deleting provisions that |
| 68 | authorize encumbrances; revising provisions that prescribe |
| 69 | the manner in which donations must be matched; replacing |
| 70 | references to the State Board of Education with references |
| 71 | to the Board of Governors; deleting references to New |
| 72 | College and the New College Foundation; specifying |
| 73 | implementation contingent upon legislative appropriation |
| 74 | and as provided by law; providing an effective date. |
| 75 |
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| 76 | Be It Enacted by the Legislature of the State of Florida: |
| 77 |
|
| 78 | Section 1. Section 1004.09, Florida Statutes, is created |
| 79 | to read: |
| 80 | 1004.09 Reports of affordability and access.-- |
| 81 | (1) No later than February 1, 2005, and annually |
| 82 | thereafter, each community college and each state university |
| 83 | shall forward to its board of trustees a report for the fall, |
| 84 | spring, and summer semesters of the preceding academic year that |
| 85 | examines the affordability of and access to the institution. A |
| 86 | copy of each community college report shall be forwarded to the |
| 87 | State Board of Education, the Governor, the President of the |
| 88 | Senate, and the Speaker of the House of Representatives. A copy |
| 89 | of each university report shall be forwarded to the Board of |
| 90 | Governors, the Governor, the President of the Senate, and the |
| 91 | Speaker of the House of Representatives. |
| 92 | (2) The report shall include: |
| 93 | (a) A description of the criteria used by the institution |
| 94 | to admit undergraduate students to the institution. |
| 95 | (b) A description of the criteria used by the institution |
| 96 | to award financial assistance to undergraduate students. |
| 97 | (c) An analysis of the total number of credits awarded |
| 98 | during the report year to students who enroll in the institution |
| 99 | for the acceleration mechanisms identified in s. 1007.27, the |
| 100 | average number of credits awarded to the students who received |
| 101 | such credits, and the value in tuition and fees for such |
| 102 | credits. |
| 103 | (d) An analysis of the percentage of gross family income |
| 104 | required for a student who is a resident of this state to pay |
| 105 | tuition and required fees charged by the institution. |
| 106 | (e) An analysis of the percentage of gross family income |
| 107 | required for a student who is a resident of this state to fully |
| 108 | pay the estimated cost of attendance at the institution. |
| 109 | Section 2. Section 1004.215, Florida Statutes, is created |
| 110 | to read: |
| 111 | 1004.215 Timely completion of baccalaureate degree |
| 112 | programs.-- |
| 113 | (1) Each university board of trustees shall develop |
| 114 | policies and procedures to ensure that students enrolled in |
| 115 | baccalaureate degree programs complete their programs in a |
| 116 | timely manner in order to make the most efficient use of |
| 117 | instructional resources and provide capacity within the |
| 118 | institution for additional students. |
| 119 | (2) Once a resident undergraduate student has taken 115 |
| 120 | percent of the credit hours required for the degree program in |
| 121 | which the student is enrolled, any subsequent credit hours |
| 122 | generated by that student as an undergraduate or unclassified |
| 123 | student shall not be included in calculations of full-time |
| 124 | equivalent enrollments for state funding purposes. |
| 125 | (3) Except as otherwise provided by law, the following |
| 126 | hours shall be included when calculating, for purposes of this |
| 127 | section, the number of hours taken by a student: |
| 128 | (a) All credit hours for courses taken at the state |
| 129 | university from which the student is seeking a degree, including |
| 130 | repeated courses and failed courses, except as provided in s. |
| 131 | 1009.285, and courses that are dropped after the university's |
| 132 | university's advertised last day of drop and add. |
| 133 | (b) All credit hours earned at another institution and |
| 134 | accepted for transfer. |
| 135 | (4) The following hours shall not be included when |
| 136 | calculating, for purposes of this section, the number of hours |
| 137 | taken by a student: |
| 138 | (a) Credit hours earned through an acceleration mechanism |
| 139 | identified in s. 1007.27. |
| 140 | (b) Credit hours earned in a course that does not count |
| 141 | toward any degree at the institution. |
| 142 | (c) Credit hours earned in military science courses. |
| 143 | (d) Credit hours required to achieve a dual major. |
| 144 | (e) Credit hours required to achieve teacher certification |
| 145 | that are not credited toward the student's first baccalaureate |
| 146 | degree. |
| 147 | (f) Credit hours taken by active duty military personnel. |
| 148 | (g) Credit hours in courses from which a student must |
| 149 | withdraw due to medical or personal hardship reasons. |
| 150 | (5) Policies established pursuant to this section may |
| 151 | include assessment by the institution of a surcharge in addition |
| 152 | to regular tuition and fees for any credit hours taken by the |
| 153 | student in excess of 115 percent of the credit hours required |
| 154 | for the student's degree program. The surcharge plus tuition may |
| 155 | not exceed 100 percent of the full cost of instruction. |
| 156 | (6) Policies established pursuant to this section must be |
| 157 | submitted to the Board of Governors for review and approval |
| 158 | prior to implementation by a university. |
| 159 | (7) The provisions of this section shall become effective |
| 160 | for students who enter a community college or a state university |
| 161 | for the first time in the 2004-2005 academic year and |
| 162 | thereafter. |
| 163 | (8) In order to determine whether excess hours is an issue |
| 164 | that should also be addressed for associate and graduate-level |
| 165 | programs, the Office of Program Policy Analysis and Government |
| 166 | Accountability shall conduct a study to determine how the number |
| 167 | of credit hours taken by students at community colleges and |
| 168 | state universities compares to the number of hours required to |
| 169 | complete degree requirements. The study shall also review degree |
| 170 | requirements across institutions to identify the range of degree |
| 171 | requirements for similar programs. A report of the results of |
| 172 | the study shall be submitted to the Governor, the President of |
| 173 | the Senate, and the Speaker of the House of Representatives by |
| 174 | February 1, 2005. |
| 175 | Section 3. Subsection (11) of section 1007.27, Florida |
| 176 | Statutes, is amended to read: |
| 177 | 1007.27 Articulated acceleration mechanisms.-- |
| 178 | (11) Each community college and state university must |
| 179 | award credit for dual enrollment courses completed at an |
| 180 | independent college or university eligible for inclusion in the |
| 181 | dual enrollment or early admission program pursuant to s. |
| 182 | 1011.62(1)(i). (a) The State Board of Education shall conduct a |
| 183 | review of the extent to which the acceleration mechanisms |
| 184 | authorized by this section are currently utilized by school |
| 185 | districts and public postsecondary educational institutions and |
| 186 | shall submit a report to the Governor and the Legislature by |
| 187 | December 31, 2003. |
| 188 | (b) The report must include a summary of ongoing |
| 189 | activities and a plan to increase and enhance the use of |
| 190 | acceleration mechanisms as a way to shorten the length of time |
| 191 | as well as the funding required for a student, including a |
| 192 | student with a documented disability, to obtain a postsecondary |
| 193 | degree. |
| 194 | (c) The review and plan shall address, but are not limited |
| 195 | to, the following issues: |
| 196 | 1. The manner in which students, including students with |
| 197 | documented disabilities, are advised regarding the availability |
| 198 | of acceleration mechanism options. |
| 199 | 2. The availability of acceleration mechanism options to |
| 200 | eligible students, including students with documented |
| 201 | disabilities, who wish to participate. |
| 202 | 3. The grading practices, including weighting of courses, |
| 203 | of school districts and public postsecondary educational |
| 204 | institutions with regard to credit earned through acceleration |
| 205 | mechanisms. |
| 206 | 4. The extent to which credit earned through an |
| 207 | acceleration mechanism is used to meet the general education |
| 208 | requirements of a public postsecondary educational institution. |
| 209 | 5. The extent to which the secondary instruction |
| 210 | associated with acceleration mechanism options could be offered |
| 211 | at sites other than public K through 12 school sites to assist |
| 212 | in meeting class size reduction needs. |
| 213 | 6. The manner in which funding for instruction associated |
| 214 | with acceleration mechanism options is provided. |
| 215 | 7. The feasibility of providing students, including |
| 216 | students with documented disabilities, the option of choosing |
| 217 | Advanced Placement credit or College Level Examination Program |
| 218 | (CLEP) credit as an alternative to dual enrollment credit upon |
| 219 | completion of a dual enrollment course. |
| 220 | Section 4. Section 1009.21, Florida Statutes, is amended |
| 221 | to read: |
| 222 | 1009.21 Determination of resident status for tuition and |
| 223 | financial assistance eligibility purposes.--Students shall be |
| 224 | classified as residents or nonresidents for the purpose of |
| 225 | assessing tuition in community colleges and state universities, |
| 226 | for the purpose of assessing tuition for instruction in |
| 227 | postsecondary career and technical programs offered by school |
| 228 | districts, and for the purpose of determining student |
| 229 | eligibility to participate in financial assistance programs |
| 230 | established pursuant to s. 1009.50, s. 1009.51, s. 1009.52, s. |
| 231 | 1009.53, s. 1009.54, s. 1009.56, s. 1009.57, s. 1009.60, s. |
| 232 | 1009.62, s. 1009.63, s. 1009.68, s. 1009.72, s. 1009.73, s. |
| 233 | 1009.76, s. 1009.77, or s. 1009.89. |
| 234 | (1) As used in this section, the term: |
| 235 | (a) The term "Dependent child" means any person, whether |
| 236 | or not living with his or her parent, who is eligible to be |
| 237 | claimed by his or her parent as a dependent under the federal |
| 238 | income tax code. |
| 239 | (b) "Initial enrollment" means the first day of class. |
| 240 | (c)(b) The term "Institution of higher education" means |
| 241 | any public community college or state university. |
| 242 | (d)(c) A "Legal resident" or "resident" means is a person |
| 243 | who has maintained his or her residence in this state for the |
| 244 | preceding year, has purchased a home which is occupied by him or |
| 245 | her as his or her residence, or has established a domicile in |
| 246 | this state pursuant to s. 222.17. |
| 247 | (e) "Nonresident for tuition purposes" means a person who |
| 248 | does not qualify for the in-state tuition rate. |
| 249 | (f)(d) The term "Parent" means the natural or adoptive |
| 250 | parent or legal guardian of a dependent child. |
| 251 | (g)(e) A "Resident for tuition purposes" means is a person |
| 252 | who qualifies as provided in subsection (2) for the in-state |
| 253 | tuition rate; a "nonresident for tuition purposes" is a person |
| 254 | who does not qualify for the in-state tuition rate. |
| 255 | (2)(a) To qualify as a resident for tuition purposes: |
| 256 | 1. A person or, if that person is a dependent child, his |
| 257 | or her parent or parents must have established legal residence |
| 258 | in this state and must have maintained legal residence in this |
| 259 | state for at least 12 months immediately prior to his or her |
| 260 | initial enrollment in a postsecondary education program in this |
| 261 | state qualification. |
| 262 | 2. Every applicant for admission to an institution of |
| 263 | higher education shall be required to make a statement as to his |
| 264 | or her length of residence in the state and, further, shall |
| 265 | establish that his or her presence or, if the applicant is a |
| 266 | dependent child, the presence of his or her parent or parents in |
| 267 | the state currently is, and during the requisite 12-month |
| 268 | qualifying period was, for the purpose of maintaining a bona |
| 269 | fide domicile, rather than for the purpose of maintaining a mere |
| 270 | temporary residence or abode incident to enrollment in an |
| 271 | institution of higher education. |
| 272 | (b) However, with respect to a dependent child living with |
| 273 | an adult relative other than the child's parent, such child may |
| 274 | qualify as a resident for tuition purposes if the adult relative |
| 275 | is a legal resident who has maintained legal residence in this |
| 276 | state for at least 12 months immediately prior to the child's |
| 277 | initial enrollment in a postsecondary education program in this |
| 278 | state qualification, provided the child has resided continuously |
| 279 | with such relative for the 5 years immediately prior to the |
| 280 | child's initial enrollment qualification, during which time the |
| 281 | adult relative has exercised day-to-day care, supervision, and |
| 282 | control of the child. |
| 283 | (c) The legal residence of a dependent child whose parents |
| 284 | are divorced, separated, or otherwise living apart will be |
| 285 | deemed to be this state if either parent is a legal resident of |
| 286 | this state, regardless of which parent is entitled to claim, and |
| 287 | does in fact claim, the minor as a dependent pursuant to federal |
| 288 | individual income tax provisions. |
| 289 | (d) A person who is classified as a nonresident for |
| 290 | tuition purposes may become eligible for reclassification as a |
| 291 | resident for tuition purposes if that person or, if that person |
| 292 | is a dependent child, his or her parent presents documentation |
| 293 | that supports permanent residency in this state rather than |
| 294 | temporary residency for the purpose of pursuing an education, |
| 295 | such as documentation of full-time permanent employment for the |
| 296 | previous 12 months or the purchase of a home in this state and |
| 297 | residence therein for the prior 12 months. |
| 298 | (3) An individual shall not be classified as a resident |
| 299 | for tuition purposes and, thus, shall not be eligible to receive |
| 300 | the in-state tuition rate until he or she has provided such |
| 301 | evidence related to legal residence and its duration as may be |
| 302 | required by officials of the institution of higher education |
| 303 | from which he or she seeks the in-state tuition rate. |
| 304 | (4) With respect to a dependent child, the legal residence |
| 305 | of such individual's parent or parents is prima facie evidence |
| 306 | of the individual's legal residence, which evidence may be |
| 307 | reinforced or rebutted, relative to the age and general |
| 308 | circumstances of the individual, by the other evidence of legal |
| 309 | residence required of or presented by the individual. However, |
| 310 | the legal residence of an individual whose parent or parents are |
| 311 | domiciled outside this state is not prima facie evidence of the |
| 312 | individual's legal residence if that individual has lived in |
| 313 | this state for 5 consecutive years prior to enrolling or |
| 314 | reregistering at the institution of higher education at which |
| 315 | resident status for tuition purposes is sought. |
| 316 | (5) In making a domiciliary determination related to the |
| 317 | classification of a person as a resident or nonresident for |
| 318 | tuition purposes, the domicile of a married person, irrespective |
| 319 | of sex, shall be determined, as in the case of an unmarried |
| 320 | person, by reference to all relevant evidence of domiciliary |
| 321 | intent. For the purposes of this section: |
| 322 | (a) A person shall not be precluded from establishing or |
| 323 | maintaining legal residence in this state and subsequently |
| 324 | qualifying or continuing to qualify as a resident for tuition |
| 325 | purposes solely by reason of marriage to a person domiciled |
| 326 | outside this state, even when that person's spouse continues to |
| 327 | be domiciled outside of this state, provided such person |
| 328 | maintains his or her legal residence in this state. |
| 329 | (b) A person shall not be deemed to have established or |
| 330 | maintained a legal residence in this state and subsequently to |
| 331 | have qualified or continued to qualify as a resident for tuition |
| 332 | purposes solely by reason of marriage to a person domiciled in |
| 333 | this state. |
| 334 | (c) In determining the domicile of a married person, |
| 335 | irrespective of sex, the fact of the marriage and the place of |
| 336 | domicile of such person's spouse shall be deemed relevant |
| 337 | evidence to be considered in ascertaining domiciliary intent. |
| 338 | (6) Any nonresident person, irrespective of sex, who |
| 339 | marries a legal resident of this state or marries a person who |
| 340 | later becomes a legal resident may, upon becoming a legal |
| 341 | resident of this state, accede to the benefit of the spouse's |
| 342 | immediately precedent duration as a legal resident for purposes |
| 343 | of satisfying the 12-month durational requirement of this |
| 344 | section. |
| 345 | (7) A person shall not lose his or her resident status for |
| 346 | tuition purposes solely by reason of serving, or, if such person |
| 347 | is a dependent child, by reason of his or her parent's or |
| 348 | parents' serving, in the Armed Forces outside this state. |
| 349 | (8) A person who has been properly classified as a |
| 350 | resident for tuition purposes but who, while enrolled in an |
| 351 | institution of higher education in this state, loses his or her |
| 352 | resident tuition status because the person or, if he or she is a |
| 353 | dependent child, the person's parent or parents establish |
| 354 | domicile or legal residence elsewhere shall continue to enjoy |
| 355 | the in-state tuition rate for a statutory grace period, which |
| 356 | period shall be measured from the date on which the |
| 357 | circumstances arose that culminated in the loss of resident |
| 358 | tuition status and shall continue for 12 months. However, if the |
| 359 | 12-month grace period ends during a semester or academic term |
| 360 | for which such former resident is enrolled, such grace period |
| 361 | shall be extended to the end of that semester or academic term. |
| 362 | (9) Any person who ceases to be enrolled at or who |
| 363 | graduates from an institution of higher education while |
| 364 | classified as a resident for tuition purposes and who |
| 365 | subsequently abandons his or her domicile in this state shall be |
| 366 | permitted to reenroll at an institution of higher education in |
| 367 | this state as a resident for tuition purposes without the |
| 368 | necessity of meeting the 12-month durational requirement of this |
| 369 | section if that person has reestablished his or her domicile in |
| 370 | this state within 12 months of such abandonment and continuously |
| 371 | maintains the reestablished domicile during the period of |
| 372 | enrollment. The benefit of this subsection shall not be accorded |
| 373 | more than once to any one person. |
| 374 | (10) The following persons shall be classified as |
| 375 | residents for tuition purposes: |
| 376 | (a) Active duty members of the Armed Services of the |
| 377 | United States residing or stationed in this state, their |
| 378 | spouses, and dependent children, and active members of the |
| 379 | Florida National Guard who qualify under s. 250.10(7) and (8) |
| 380 | for the tuition assistance program. |
| 381 | (b) Active duty members of the Armed Services of the |
| 382 | United States, and their spouses, and their dependent children |
| 383 | attending a public community college or state university within |
| 384 | 50 miles of the military establishment where they are stationed, |
| 385 | if such military establishment is within a county contiguous to |
| 386 | Florida. |
| 387 | (c) United States citizens living on the Isthmus of |
| 388 | Panama, who have completed 12 consecutive months of college work |
| 389 | at the Florida State University Panama Canal Branch, and their |
| 390 | spouses and dependent children. |
| 391 | (d) Full-time instructional and administrative personnel |
| 392 | employed by state public schools, community colleges, and |
| 393 | institutions of higher education, as defined in s. 1000.04, and |
| 394 | their spouses and dependent children. |
| 395 | (e) Students from Latin America and the Caribbean who |
| 396 | receive scholarships from the federal or state government. Any |
| 397 | student classified pursuant to this paragraph shall attend, on a |
| 398 | full-time basis, a Florida institution of higher education. |
| 399 | (f) Southern Regional Education Board's Academic Common |
| 400 | Market graduate students attending Florida's state universities. |
| 401 | (g) Full-time employees of state agencies or political |
| 402 | subdivisions of the state when the student fees are paid by the |
| 403 | state agency or political subdivision for the purpose of job- |
| 404 | related law enforcement or corrections training. |
| 405 | (h) McKnight Doctoral Fellows and Finalists who are United |
| 406 | States citizens. |
| 407 | (i) United States citizens living outside the United |
| 408 | States who are teaching at a Department of Defense Dependent |
| 409 | School or in an American International School and who enroll in |
| 410 | a graduate level education program which leads to a Florida |
| 411 | teaching certificate. |
| 412 | (j) Active duty members of the Canadian military residing |
| 413 | or stationed in this state under the North American Aerospace |
| 414 | Defense Command Air Defense (NORAD) agreement, and their spouses |
| 415 | and dependent children, attending a community college or state |
| 416 | university within 50 miles of the military establishment where |
| 417 | they are stationed. |
| 418 | (11) The State Board of Education shall by rule designate |
| 419 | classifications of students as residents or nonresidents for |
| 420 | tuition purposes at community colleges and state universities. |
| 421 | Section 5. Subsections (1), (3), (8), (11), and (12) of |
| 422 | section 1009.23, Florida Statutes, are amended to read: |
| 423 | 1009.23 Community college student fees.-- |
| 424 | (1) Unless otherwise provided, the provisions of this |
| 425 | section apply only to fees charged for college credit |
| 426 | instruction leading to an associate in arts degree, an associate |
| 427 | in applied science degree, or an associate in science degree, or |
| 428 | a baccalaureate degree authorized by the State Board of |
| 429 | Education pursuant to s. 1007.33 and noncollege credit college- |
| 430 | preparatory courses defined in s. 1004.02. |
| 431 | (3) The State Board of Education shall adopt by December |
| 432 | 31 of each year a resident fee schedule for the following fall |
| 433 | for advanced and professional, associate in science degree, and |
| 434 | college-preparatory programs and baccalaureate degree programs |
| 435 | authorized by the State Board of Education pursuant to s. |
| 436 | 1007.33 that produce revenues in the amount of 25 percent of the |
| 437 | full prior year's cost of these programs. Fees for courses in |
| 438 | college-preparatory programs and associate in arts and associate |
| 439 | in science degree programs may be established at the same level. |
| 440 | In the absence of a provision to the contrary in an |
| 441 | appropriations act, the fee schedule shall take effect and the |
| 442 | colleges shall expend the funds on instruction. If the |
| 443 | Legislature provides for an alternative fee schedule in an |
| 444 | appropriations act, the fee schedule shall take effect the |
| 445 | subsequent fall semester. |
| 446 | (8)(a) Each community college board of trustees is |
| 447 | authorized to establish a separate fee for financial aid |
| 448 | purposes in an additional amount up to, but not to exceed, 5 |
| 449 | percent of the total student tuition and or out-of-state fees |
| 450 | collected. Each community college board of trustees may collect |
| 451 | up to an additional 2 percent if the amount generated by the |
| 452 | total financial aid fee is less than $250,000. If the amount |
| 453 | generated is less than $250,000, a community college that |
| 454 | charges tuition and out-of-state fees at least equal to the |
| 455 | average fees established by rule may transfer from the general |
| 456 | current fund to the scholarship fund an amount equal to the |
| 457 | difference between $250,000 and the amount generated by the |
| 458 | total financial aid fee assessment. No other transfer from the |
| 459 | general current fund to the loan, endowment, or scholarship |
| 460 | fund, by whatever name known, is authorized. |
| 461 | (b) All funds collected under this program shall be placed |
| 462 | in the loan and endowment fund or scholarship fund of the |
| 463 | college, by whatever name known. Such funds shall be disbursed |
| 464 | to students as quickly as possible. An amount not greater than |
| 465 | 40 percent of the fees collected in a fiscal year may be carried |
| 466 | forward unexpended to the following fiscal year. However, funds |
| 467 | collected prior to July 1, 1989, and placed in an endowment fund |
| 468 | may not be considered part of the balance of funds carried |
| 469 | forward unexpended to the following fiscal year. |
| 470 | (c) Up to 25 percent or $300,000, whichever is greater, of |
| 471 | the financial aid fees collected may be used to assist students |
| 472 | who demonstrate academic merit; who participate in athletics, |
| 473 | public service, cultural arts, and other extracurricular |
| 474 | programs as determined by the institution; or who are identified |
| 475 | as members of a targeted gender or ethnic minority population. |
| 476 | The financial aid fee revenues allocated for athletic |
| 477 | scholarships and fee exemptions provided pursuant to s. |
| 478 | 1009.25(3) for athletes shall be distributed equitably as |
| 479 | required by s. 1000.05(3)(d). A minimum of 75 percent of the |
| 480 | balance of these funds for new awards shall be used to provide |
| 481 | financial aid based on absolute need, and the remainder of the |
| 482 | funds shall be used for academic merit purposes and other |
| 483 | purposes approved by the boards of trustees. Such other purposes |
| 484 | shall include the payment of child care fees for students with |
| 485 | financial need. The State Board of Education shall develop |
| 486 | criteria for making financial aid awards. Each college shall |
| 487 | report annually to the Department of Education on the revenue |
| 488 | collected pursuant to this paragraph, the amount carried |
| 489 | forward, the criteria used to make awards, the amount and number |
| 490 | of awards for each criterion, and a delineation of the |
| 491 | distribution of such awards. The report shall include an |
| 492 | assessment by category of the financial need of every student |
| 493 | who receives an award, regardless of the purpose for which the |
| 494 | award is received. Awards which are based on financial need |
| 495 | shall be distributed in accordance with a nationally recognized |
| 496 | system of need analysis approved by the State Board of |
| 497 | Education. An award for academic merit shall require a minimum |
| 498 | overall grade point average of 3.0 on a 4.0 scale or the |
| 499 | equivalent for both initial receipt of the award and renewal of |
| 500 | the award. |
| 501 | (d) These funds may not be used for direct or indirect |
| 502 | administrative purposes or salaries. |
| 503 | (e) Beginning with awards for the 2005-2006 academic year, |
| 504 | a student must have submitted a completed Free Application for |
| 505 | Federal Student Aid to the United States Department of Education |
| 506 | to be eligible to receive an award pursuant to the provisions of |
| 507 | this subsection. |
| 508 | (11) Each community college board of trustees may |
| 509 | establish a separate fee for capital improvements, technology |
| 510 | enhancements, or equipping student buildings which may not |
| 511 | exceed 10 percent of tuition for resident students or 10 percent |
| 512 | of the sum of tuition and out-of-state fees for nonresident |
| 513 | students. The fee for resident students shall be limited to an |
| 514 | increase of $2 per credit hour over the prior year $1 per credit |
| 515 | hour or credit-hour equivalent for residents and which equals or |
| 516 | exceeds $3 per credit hour for nonresidents. Funds collected by |
| 517 | community colleges through these fees may be bonded only for the |
| 518 | purpose of financing or refinancing new construction and |
| 519 | equipment, renovation, or remodeling of educational facilities. |
| 520 | The fee shall be collected as a component part of the tuition |
| 521 | and fees, paid into a separate account, and expended only to |
| 522 | construct and equip, maintain, improve, or enhance the |
| 523 | educational facilities of the community college. Projects funded |
| 524 | through the use of the capital improvement fee shall meet the |
| 525 | survey and construction requirements of chapter 1013. Pursuant |
| 526 | to s. 216.0158, each community college shall identify each |
| 527 | project, including maintenance projects, proposed to be funded |
| 528 | in whole or in part by such fee. Capital improvement fee |
| 529 | revenues may be pledged by a board of trustees as a dedicated |
| 530 | revenue source to the repayment of debt, including lease- |
| 531 | purchase agreements and revenue bonds, with a term not to exceed |
| 532 | 20 years, and not to exceed the useful life of the asset being |
| 533 | financed, only for the new construction and equipment, |
| 534 | renovation, or remodeling of educational facilities. Community |
| 535 | colleges may use the services of the Division of Bond Finance of |
| 536 | the State Board of Administration to issue any bonds authorized |
| 537 | through the provisions of this subsection. Any such bonds issued |
| 538 | by the Division of Bond Finance shall be in compliance with the |
| 539 | provisions of the State Bond Act. Bonds issued pursuant to the |
| 540 | State Bond Act shall be validated in the manner provided by |
| 541 | chapter 75. The complaint for such validation shall be filed in |
| 542 | the circuit court of the county where the seat of state |
| 543 | government is situated, the notice required to be published by |
| 544 | s. 75.06 shall be published only in the county where the |
| 545 | complaint is filed, and the complaint and order of the circuit |
| 546 | court shall be served only on the state attorney of the circuit |
| 547 | in which the action is pending. A maximum of 15 percent cents |
| 548 | per credit hour may be allocated from the capital improvement |
| 549 | fee for child care centers conducted by the community college. |
| 550 | (12) In addition to tuition, out-of-state, financial aid, |
| 551 | capital improvement, student activity and service, and |
| 552 | technology fees authorized in this section, each community |
| 553 | college board of trustees is authorized to establish fee |
| 554 | schedules for the following user fees and fines: laboratory |
| 555 | fees; parking fees and fines; library fees and fines; fees and |
| 556 | fines relating to facilities and equipment use or damage; access |
| 557 | or identification card fees; duplicating, photocopying, binding, |
| 558 | or microfilming fees; standardized testing fees; diploma |
| 559 | replacement fees; transcript fees; application fees; graduation |
| 560 | fees; and late fees related to registration and payment. Such |
| 561 | user fees and fines shall not exceed the cost of the services |
| 562 | provided and shall only be charged to persons receiving the |
| 563 | service. A community college may not charge any fee except as |
| 564 | authorized by law or rules of the State Board of Education. |
| 565 | Parking fee revenues may be pledged by a community college board |
| 566 | of trustees as a dedicated revenue source for the repayment of |
| 567 | debt, including lease-purchase agreements and revenue bonds with |
| 568 | terms not exceeding 20 years and not exceeding the useful life |
| 569 | of the asset being financed. Community colleges shall use the |
| 570 | services of the Division of Bond Finance of the State Board of |
| 571 | Administration to issue any revenue bonds authorized by the |
| 572 | provisions of this subsection. Any such bonds issued by the |
| 573 | Division of Bond Finance shall be in compliance with the |
| 574 | provisions of the State Bond Act. Bonds issued pursuant to the |
| 575 | State Bond Act shall be validated in the manner established in |
| 576 | chapter 75. The complaint for such validation shall be filed in |
| 577 | the circuit court of the county where the seat of state |
| 578 | government is situated, the notice required to be published by |
| 579 | s. 75.06 shall be published only in the county where the |
| 580 | complaint is filed, and the complaint and order of the circuit |
| 581 | court shall be served only on the state attorney of the circuit |
| 582 | in which the action is pending. |
| 583 | Section 6. Subsections (3), (6), and (7) of section |
| 584 | 1009.24, Florida Statutes, are amended, and subsections (15) |
| 585 | through (18) are added to said section, to read: |
| 586 | 1009.24 State university student fees.-- |
| 587 | (3) Within proviso in the General Appropriations Act and |
| 588 | law, each board of trustees shall set university tuition and |
| 589 | fees. |
| 590 | (a) Except as otherwise provided by law, the sum of |
| 591 | nonresident student tuition and out-of-state fees must be |
| 592 | sufficient to defray the full cost of each program. |
| 593 | (b) The sum of the activity and service, health, and |
| 594 | athletic fees a student is required to pay to register for a |
| 595 | course shall not exceed 40 percent of the tuition established in |
| 596 | law or in the General Appropriations Act. No university shall be |
| 597 | required to lower any fee in effect on the effective date of |
| 598 | this act in order to comply with this subsection. Within the 40 |
| 599 | percent cap, universities may not increase the aggregate sum of |
| 600 | activity and service, health, and athletic fees more than 5 |
| 601 | percent per year unless specifically authorized in law or in the |
| 602 | General Appropriations Act. This subsection does not prohibit a |
| 603 | university from increasing or assessing optional fees related to |
| 604 | specific activities if payment of such fees is not required as a |
| 605 | part of registration for courses. |
| 606 | (6) A university board of trustees is authorized to |
| 607 | collect for financial aid purposes an amount not to exceed 5 |
| 608 | percent of the tuition and out-of-state fee. The revenues from |
| 609 | fees are to remain at each campus and replace existing financial |
| 610 | aid fees. Such funds shall be disbursed to students as quickly |
| 611 | as possible. A minimum of 75 percent of funds from the student |
| 612 | financial aid fee for new financial aid awards shall be used to |
| 613 | provide financial aid based on absolute need. A student who has |
| 614 | received an award prior to July 1, 1984, shall have his or her |
| 615 | eligibility assessed on the same criteria that were used at the |
| 616 | time of his or her original award. The State Board of Education |
| 617 | shall develop criteria for making financial aid awards. Each |
| 618 | university shall report annually to the Department of Education |
| 619 | on the revenue collected pursuant to this subsection, the amount |
| 620 | carried forward, the criteria used to make awards, the amount |
| 621 | and number of awards for each criterion, and a delineation of |
| 622 | the distribution of such awards. The report shall include an |
| 623 | assessment by category of the financial need of every student |
| 624 | who receives an award, regardless of the purpose for which the |
| 625 | award is received. Awards which are based on financial need |
| 626 | shall be distributed in accordance with a nationally recognized |
| 627 | system of need analysis approved by the State Board of |
| 628 | Education. An award for academic merit shall require a minimum |
| 629 | overall grade point average of 3.0 on a 4.0 scale or the |
| 630 | equivalent for both initial receipt of the award and renewal of |
| 631 | the award. Beginning with awards for the 2005-2006 academic |
| 632 | year, a student must have submitted a completed Free Application |
| 633 | for Federal Student Aid to the United State Department of |
| 634 | Education to be eligible to receive an award pursuant to the |
| 635 | provisions of this subsection. |
| 636 | (7) The Capital Improvement Trust Fund fee is established |
| 637 | as $2.94 $2.44 per credit hour per semester. The building fee is |
| 638 | established as $2.82 $2.32 per credit hour per semester. Each |
| 639 | university board of trustees is further authorized to increase |
| 640 | each of the Capital Improvement Trust Fund and building fees by |
| 641 | no more than $0.50 above the amount established in this section. |
| 642 | (15) Each university board of trustees is authorized to |
| 643 | establish a technology fee to be expended to enhance, expand, |
| 644 | and improve technology access and support according to |
| 645 | technology improvement plans approved by the university's board |
| 646 | of trustees with prior consultation with the university's |