Senate Bill sb1710er

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    2007 Legislature                                CS for SB 1710



  1                                 

  2         An act relating to academic fees; amending s.

  3         1009.01, F.S.; defining the term "tuition

  4         differential"; amending s. 1009.24, F.S.;

  5         authorizing a university to transfer revenues

  6         from certain fees to a university

  7         direct-support organization; limiting the

  8         purposes for which such revenues may be used;

  9         limiting the amount that may be transferred;

10         authorizing the Board of Governors of the State

11         University System to establish uniform

12         undergraduate tuition differentials; providing

13         certain conditions for the tuition

14         differentials; amending s. 1009.98, F.S.;

15         authorizing the Florida Prepaid College Board

16         to provide advance payment contracts for

17         tuition differentials for a specified number of

18         undergraduate semester hours; providing an

19         effective date.

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

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23         Section 1.  Section 1009.01, Florida Statutes, is

24  amended to read:

25         1009.01  Definitions.--The term:

26         (1)  "Tuition" means the basic fee charged to a student

27  for instruction provided by a public postsecondary educational

28  institution in this state. A charge for any other purpose

29  shall not be included within this fee.

30         (2)  "Out-of-state fee" means the additional fee for

31  instruction provided by a public postsecondary educational


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    ENROLLED

    2007 Legislature                                CS for SB 1710



 1  institution in this state, which fee is charged to a

 2  non-Florida student as defined in rules of the State Board of

 3  Education. A charge for any other purpose shall not be

 4  included within this fee.

 5         (3)  "Tuition differential" means the supplemental fee

 6  charged to a student for instruction provided by a public

 7  university in this state pursuant to s. 1009.24(15).

 8         Section 2.  Subsection (8) of section 1009.24, Florida

 9  Statutes, is amended, and subsection (15) is added to that

10  section, to read:

11         1009.24  State university student fees.--

12         (8)  Each university board of trustees is authorized to

13  establish separate activity and service, health, and athletic

14  fees. When duly established, the fees shall be collected as

15  component parts of tuition and fees and shall be retained by

16  the university and paid into the separate activity and

17  service, health, and athletic funds. Notwithstanding any other

18  provision of law to the contrary, a university may transfer

19  revenues derived from the fees authorized pursuant to this

20  subsection to a university direct-support organization of the

21  university to be used only for the purpose of paying and

22  securing debt on projects approved pursuant to s. 1010.62 and

23  pursuant to a written agreement approved by the Board of

24  Governors. The amount transferred may not exceed the amount

25  authorized for annual debt service pursuant to s. 1010.62.

26         (15)  The Board of Governors may establish a uniform

27  maximum undergraduate tuition differential that does not

28  exceed 40 percent of tuition for all universities that meet

29  the criteria for Funding Level 1 under s. 1004.635(3), and may

30  establish a uniform maximum undergraduate tuition differential

31  that does not exceed 30 percent of tuition for all


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    ENROLLED

    2007 Legislature                                CS for SB 1710



 1  universities that meet the criteria for Funding Level 2 under

 2  s. 1004.635(3). However, the board shall ensure that the

 3  maximum tuition differential it establishes for universities

 4  meeting the Funding Level 1 criteria is at least 30 percent

 5  greater than the maximum tuition differential the board

 6  establishes for universities that meet Funding Level 2

 7  criteria. The tuition differential is subject to the following

 8  conditions:

 9         (a)  The sum of tuition and the tuition differential

10  may not be increased by more than 15 percent of the total

11  charged for these fees in the preceding fiscal year.

12         (b)  The tuition differential may not be calculated as

13  a part of the scholarship programs established in ss.

14  1009.53-1009.537.

15         (c)  Beneficiaries having prepaid tuition contracts

16  pursuant to s. 1009.98(2)(b) which were in effect on July 1,

17  2007, and which remain in effect, are exempt from the payment

18  of the tuition differential.

19         (d)  The tuition differential may not be charged to any

20  student who was in attendance at the university before July 1,

21  2007, and who maintains continuous enrollment.

22         (e)  The tuition differential may be waived by the

23  university for students who meet the eligibility requirements

24  for the Florida public student assistance grant established in

25  s. 1009.50.

26         (f)  A university board of trustees that has been

27  authorized by the Board of Governors to establish a tuition

28  differential pursuant to this subsection may establish the

29  tuition differential at a rate lower than the maximum tuition

30  differential established by the board, but may not exceed the

31  maximum tuition differential established by the board.


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    2007 Legislature                                CS for SB 1710



 1         (g)  The revenue generated from the tuition

 2  differential must be spent solely for improving the quality of

 3  direct undergraduate instruction and support services.

 4         (h)  Information relating to the annual receipt and

 5  expenditure of the proceeds from the assessment of the tuition

 6  differential shall be reported by the university in accordance

 7  with guidelines established by the Board of Governors.

 8         Section 3.  Paragraph (b) of subsection (2) of section

 9  1009.98, Florida Statutes, is amended to read:

10         1009.98  Stanley G. Tate Florida Prepaid College

11  Program.--

12         (2)  PREPAID COLLEGE PLANS.--At a minimum, the board

13  shall make advance payment contracts available for two

14  independent plans to be known as the community college plan

15  and the university plan. The board may also make advance

16  payment contracts available for a dormitory residence plan.

17  The board may restrict the number of participants in the

18  community college plan, university plan, and dormitory

19  residence plan, respectively. However, any person denied

20  participation solely on the basis of such restriction shall be

21  granted priority for participation during the succeeding year.

22         (b)1.  Through the university plan, the advance payment

23  contract shall provide prepaid registration fees for a

24  specified number of undergraduate semester credit hours not to

25  exceed the average number of hours required for the conference

26  of a baccalaureate degree. Qualified beneficiaries shall bear

27  the cost of any laboratory fees associated with enrollment in

28  specific courses. Each qualified beneficiary shall be

29  classified as a resident for tuition purposes pursuant to s.

30  1009.21, regardless of his or her actual legal residence.

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    ENROLLED

    2007 Legislature                                CS for SB 1710



 1         2.  Effective July 1, 1998, the board may provide

 2  advance payment contracts for additional fees delineated in s.

 3  1009.24(8)-(11), for a specified number of undergraduate

 4  semester credit hours not to exceed the average number of

 5  hours required for the conference of a baccalaureate degree,

 6  in conjunction with advance payment contracts for registration

 7  fees. Such contracts shall provide prepaid coverage for the

 8  sum of such fees, to a maximum of 45 percent of the cost of

 9  registration fees. University plan contracts purchased prior

10  to July 1, 1998, shall be limited to the payment of

11  registration fees as defined in s. 1009.97.

12         3.  Effective July 1, 2007, the board may provide

13  advance payment contracts for the tuition differential

14  authorized in s. 1009.24(15) for a specified number of

15  undergraduate semester credit hours, which may not exceed the

16  average number of hours required for the conference of a

17  baccalaureate degree, in conjunction with advance payment

18  contracts for registration fees.

19         Section 4.  This act shall take effect July 1, 2007.

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