Senate Bill sb0008Cc1
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    Florida Senate - 2007                            CS for SB 8-C
    By the Committee on Higher Education Appropriations; and
    Senator Lynn
    605-469-08
  1                      A bill to be entitled
  2         An act relating to tuition and fees for higher
  3         education; amending s. 1009.22, F.S., relating
  4         to postsecondary student fees for workforce
  5         education; deleting provisions requiring the
  6         State Board of Education to adopt a fee
  7         schedule; providing standard resident tuition
  8         for the career certificate, applied technology
  9         diploma, and adult general education courses;
10         authorizing district school boards and
11         community college boards to adopt tuition
12         within a specified range; limiting the amount
13         of the increase during the 2007-2008 fiscal
14         year; providing an appropriation and requiring
15         the Department of Education to allocate such
16         funds; amending s. 1009.23, F.S., relating to
17         community college student tuition and fees;
18         providing standard resident and nonresident
19         tuition and fees for community college
20         programs; deleting provisions requiring the
21         State Board of Education to adopt the fee
22         schedule in the absence of a provision in an
23         appropriations act; providing an appropriation
24         and requiring the Department of Education to
25         allocate such funds; amending s. 1009.24, F.S.,
26         relating to state university student fees;
27         providing an amount for resident undergraduate
28         tuition; providing for imposition of a
29         technology fee beginning with the 2009-2010
30         fall term; providing for the use of fee
31         revenues; providing an appropriation and
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    Florida Senate - 2007                            CS for SB 8-C
    605-469-08
 1         requiring the Board of Governors to allocate
 2         the funds; providing an effective date.
 3  
 4  Be It Enacted by the Legislature of the State of Florida:
 5  
 6         Section 1.  Subsections (3), (10), (11), (12), and (13)
 7  of section 1009.22, Florida Statutes, are amended to read:
 8         1009.22  Workforce education postsecondary student
 9  fees.--
10         (3)(a)  The Commissioner of Education shall provide to
11  the State Board of Education no later than December 31 of each
12  year a schedule of fees for workforce development education,
13  excluding continuing workforce education, for school districts
14  and community colleges. The fee schedule shall be based on the
15  amount of student fees necessary to produce 25 percent of the
16  prior year's average cost of a course of study leading to a
17  certificate or diploma. Except as otherwise provided by law,
18  fees for students who are not residents for tuition purposes
19  must offset the full cost of instruction. Fee-nonexempt
20  students enrolled in vocational-preparatory instruction shall
21  be charged fees equal to the fees charged for certificate
22  career education instruction. Each community college that
23  conducts college-preparatory and vocational-preparatory
24  instruction in the same class section may charge a single fee
25  for both types of instruction.
26         (b)  Fees for continuing workforce education shall be
27  locally determined by the district school board or community
28  college board. However, at least 50 percent of the
29  expenditures for the continuing workforce education program
30  provided by the community college or school district must be
31  derived from fees.
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    Florida Senate - 2007                            CS for SB 8-C
    605-469-08
 1         (c)  Effective January 1, 2008, standard resident
 2  tuition per contact hour shall be $1.67 for programs leading
 3  to a career certificate or an applied technology diploma and
 4  83 cents for adult general education programs. The State Board
 5  of Education shall adopt a fee schedule for school districts
 6  and community colleges that produces the fee revenues
 7  calculated pursuant to paragraph (a). The schedule so
 8  calculated shall take effect, unless otherwise specified in
 9  the General Appropriations Act.
10         (d)  Each district school board and each community
11  college board of trustees may adopt resident tuition that is
12  within the range of 5 percent below to 5 percent above the
13  standard tuition.
14         (e)  The maximum increase in resident tuition for any
15  school district or community college during the 2007-2008
16  fiscal year shall be 5 percent over the tuition charged during
17  the 2006-2007 fiscal year.
18         (f)(d)  The State Board of Education shall adopt, by
19  rule, the definitions and procedures that district school
20  boards shall use in the calculation of cost borne by students.
21         (10)  Each year the State Board of Education shall
22  review and evaluate the percentage of the cost of adult
23  programs and certificate career education programs supported
24  through student fees. For students who are residents for
25  tuition purposes, the schedule adopted pursuant to subsection
26  (3) must produce revenues equal to 25 percent of the prior
27  year's average program cost for college-preparatory and
28  certificate-level workforce development programs. Fees for
29  continuing workforce education shall be locally determined by
30  the district school board or community college board. However,
31  at least 50 percent of the expenditures for the continuing
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    Florida Senate - 2007                            CS for SB 8-C
    605-469-08
 1  workforce education program provided by the community college
 2  or school district must be derived from fees. Except as
 3  otherwise provided by law, fees for students who are not
 4  residents for tuition purposes must offset the full cost of
 5  instruction.
 6         (10)(11)  Each school district and community college
 7  may assess a service charge for the payment of tuition and
 8  fees in installments. Such service charge must be approved by
 9  the district school board or community college board of
10  trustees.
11         (11)(12)  Any school district or community college that
12  reports students who have not paid fees in an approved manner
13  in calculations of full-time equivalent enrollments for state
14  funding purposes shall be penalized at a rate equal to 2 times
15  the value of such enrollments. Such penalty shall be charged
16  against the following year's allocation from workforce
17  education funds or the Community College Program Fund and
18  shall revert to the General Revenue Fund. The State Board of
19  Education shall specify, in rule, approved methods of student
20  fee payment. Such methods must include, but need not be
21  limited to, student fee payment; payment through federal,
22  state, or institutional financial aid; and employer fee
23  payments.
24         (12)(13)  Each school district and community college
25  shall report only those students who have actually enrolled in
26  instruction provided or supervised by instructional personnel
27  under contract with the district or community college in
28  calculations of actual full-time enrollments for state funding
29  purposes. A student who has been exempted from taking a course
30  or who has been granted academic or technical credit through
31  means other than actual coursework completed at the granting
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    Florida Senate - 2007                            CS for SB 8-C
    605-469-08
 1  institution may not be calculated for enrollment in the course
 2  from which the student has been exempted or for which the
 3  student has been granted credit. School districts and
 4  community colleges that report enrollments in violation of
 5  this subsection shall be penalized at a rate equal to 2 times
 6  the value of such enrollments. Such penalty shall be charged
 7  against the following year's allocation from workforce
 8  education funds and shall revert to the General Revenue Fund.
 9         Section 2.  The nonrecurring sum of $629,614 from the
10  General Revenue Fund is appropriated to the Department of
11  Education for the 2007-2008 fiscal year for Aid to Local
12  Governments, Grants and Aids, Workforce Development. These
13  funds are provided to fund one-half of the estimated annual
14  revenue generated from a 5-percent increase in tuition for
15  fee-paying students in school districts for the 2007-2008
16  fiscal year. The department shall allocate the funds among the
17  districts in the same proportion as each district's resident
18  student tuition revenue is of the total for all districts.
19         Section 3.  Subsections (3) and (4) of section 1009.23,
20  Florida Statutes, are amended to read:
21         1009.23  Community college student fees.--
22         (3)(a)  Effective January 1, 2008, the sum of the
23  standard tuition and technology fee per credit hour for the
24  following programs: advanced and professional; postsecondary
25  vocational; college preparatory; and educator preparatory
26  shall be $51.35 for residents.
27         (b)  Effective January 1, 2008, the sum of the standard
28  tuition, out-of-state fee, and technology fee per credit hour
29  for the following programs: advanced and professional;
30  postsecondary vocational; college preparatory; and educator
31  preparatory shall be $154.14 for nonresidents.
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    Florida Senate - 2007                            CS for SB 8-C
    605-469-08
 1         (c)  Effective January 1, 2008, the sum of the standard
 2  tuition and technology fee per credit hour for baccalaureate
 3  programs shall be $65.47 for residents and the tuition and
 4  out-of-state fees for nonresidents shall be no more than 85
 5  percent of the tuition and out-of-state fees at the public
 6  university nearest the community college. The State Board of
 7  Education shall adopt by December 31 of each year a resident
 8  fee schedule for the following fall for advanced and
 9  professional, associate in science degree, and
10  college-preparatory programs that produce revenues in the
11  amount of 25 percent of the full prior year's cost of these
12  programs. Fees for courses in college-preparatory programs and
13  associate in arts and associate in science degree programs may
14  be established at the same level. In the absence of a
15  provision to the contrary in an appropriations act, the fee
16  schedule shall take effect and the colleges shall expend the
17  funds on instruction.  If the Legislature provides for an
18  alternative fee schedule in an appropriations act, the fee
19  schedule shall take effect the subsequent fall semester.
20         (4)  Each community college board of trustees shall
21  establish tuition and out-of-state fees, which may vary no
22  more than 10 percent below and 15 percent above the combined
23  total of the standard tuition fee schedule in subsection (3)
24  adopted by the State Board of Education and the technology fee
25  adopted by a board of trustees, provided that any amount from
26  10 to 15 percent above the tuition fee schedule is used only
27  to support safety and security purposes. In order to assess an
28  additional amount for safety and security purposes, a
29  community college board of trustees must provide written
30  justification to the State Board of Education based on
31  criteria approved by the board of trustees, including, but not
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    Florida Senate - 2007                            CS for SB 8-C
    605-469-08
 1  limited to, criteria such as local crime data and information,
 2  and strategies for the implementation of local safety plans.
 3  Should a college decide to increase the tuition fee, the funds
 4  raised by increasing the tuition fee must be expended solely
 5  for additional safety and security purposes and shall not
 6  supplant funding expended in the 1998-1999 budget for safety
 7  and security purposes.
 8         Section 4.  The nonrecurring sum of $11,446,858 from
 9  the General Revenue Fund is appropriated to the Department of
10  Education for the 2007-2008 fiscal year for Aid to Local
11  Governments, Grants and Aids, Community Colleges Program Fund.
12  These funds are provided to fund one-half of the estimated
13  annual revenue generated from a 5-percent increase in tuition
14  for students in community colleges for the 2007-2008 fiscal
15  year. The department shall allocate the funds among the
16  community colleges in the same proportion as each college's
17  resident student tuition revenue is of the total for all
18  colleges.
19         Section 5.  Subsection (4) of section 1009.24, Florida
20  Statutes, is amended, and paragraph (s) is added to subsection
21  (13) of that section, to read:
22         1009.24  State university student fees.--
23         (4)  Effective January 1, 2008, the resident
24  undergraduate tuition per credit hour for lower-level and
25  upper-level coursework shall be $77.39. Except as otherwise
26  provided by law, undergraduate tuition shall be established
27  annually in the General Appropriations Act. The Board of
28  Governors, or the board's designee, may establish tuition for
29  graduate and professional programs, and out-of-state fees for
30  all programs. The sum of tuition and out-of-state fees
31  assessed to nonresident students must be sufficient to offset
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    Florida Senate - 2007                            CS for SB 8-C
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 1  the full instructional cost of serving such students. However,
 2  adjustments to out-of-state fees or tuition for graduate and
 3  professional programs pursuant to this section may not exceed
 4  10 percent in any year. The sum of the activity and service,
 5  health, and athletic fees a student is required to pay to
 6  register for a course shall not exceed 40 percent of the
 7  tuition established in law or in the General Appropriations
 8  Act. No university shall be required to lower any fee in
 9  effect on the effective date of this act in order to comply
10  with this subsection. Within the 40 percent cap, universities
11  may not increase the aggregate sum of activity and service,
12  health, and athletic fees more than 5 percent per year unless
13  specifically authorized in law or in the General
14  Appropriations Act. A university may increase its athletic fee
15  to defray the costs associated with changing National
16  Collegiate Athletic Association divisions. Any such increase
17  in the athletic fee may exceed both the 40 percent cap and the
18  5 percent cap imposed by this subsection. Any such increase
19  must be approved by the athletic fee committee in the process
20  outlined in subsection (12) (11) and cannot exceed $2 per
21  credit hour. Notwithstanding the provisions of ss. 1009.534,
22  1009.535, and 1009.536, that portion of any increase in an
23  athletic fee pursuant to this subsection that causes the sum
24  of the activity and service, health, and athletic fees to
25  exceed the 40 percent cap or the annual increase in such fees
26  to exceed the 5 percent cap shall not be included in
27  calculating the amount a student receives for a Florida
28  Academic Scholars award, a Florida Medallion Scholars award,
29  or a Florida Gold Seal Vocational Scholars award. This
30  subsection does not prohibit a university from increasing or
31  assessing optional fees related to specific activities if
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    Florida Senate - 2007                            CS for SB 8-C
    605-469-08
 1  payment of such fees is not required as a part of registration
 2  for courses.
 3         (13)  Each university board of trustees is authorized
 4  to establish the following fees:
 5         (s)  A technology fee of up to 5 percent of the tuition
 6  per credit hour, beginning with the fall term of the 2009-2010
 7  academic year. The revenue from this fee shall be used to
 8  enhance instructional technology resources for students and
 9  faculty. The technology fee shall not be included in any award
10  under the Florida Bright Futures Scholarship Program.
11         Section 6.  The nonrecurring sum of $9,547,941 from the
12  General Revenue Fund is appropriated to the Division of
13  Universities for the 2007-2008 fiscal year for Aid to Local
14  Governments, Grants and Aids, Education and General
15  Activities. These funds are provided to fund one-half of the
16  estimated annual revenue generated from a 5-percent increase
17  in tuition for resident students in undergraduate enrollment
18  in state universities for the 2007-2008 fiscal year. The Board
19  of Governors shall allocate the funds among the universities
20  in the same proportion as each university's lower-level and
21  upper-level resident student tuition revenue is of the total
22  for all universities.
23         Section 7.  This act shall take effect upon becoming a
24  law.
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