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A bill to be entitled

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An act relating to state university student fees; amending

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s. 1009.24, F.S.; revising provisions relating to

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adjustments to out-of-state fees or tuition for graduate

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and professional programs; providing an effective date.

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

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     Section 1.  Subsection (4) of section 1009.24, Florida

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Statutes, as amended by chapter 2007-329, Laws of Florida, is

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amended to read:

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     1009.24  State university student fees.--

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     (4)(a)  Effective January 1, 2008, the resident

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undergraduate tuition for lower-level and upper-level coursework

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shall be $77.39 per credit hour.

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     (b)  Beginning with the 2008-2009 fiscal year and each year

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thereafter, the resident undergraduate tuition per credit hour

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shall increase at the beginning of each fall semester at a rate

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equal to inflation, unless otherwise provided in the General

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Appropriations Act. The Office of Economic and Demographic

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Research shall report the rate of inflation to the President of

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the Senate, the Speaker of the House of Representatives, the

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Governor, and the Board of Governors each year prior to March 1.

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For purposes of this paragraph, the rate of inflation shall be

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defined as the rate of the 12-month percentage change in the

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Consumer Price Index for All Urban Consumers, U.S. City Average,

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All Items, or successor reports as reported by the United States

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Department of Labor, Bureau of Labor Statistics, or its successor

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for December of the previous year. In the event the percentage

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change is negative, the resident undergraduate tuition shall

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remain at the same level as the prior fiscal year.

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     (c)  The Board of Governors, or the board's designee, may

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establish tuition for graduate and professional programs, and

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out-of-state fees for all programs. The sum of tuition and out-

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of-state fees assessed to nonresident students must be sufficient

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to offset the full instructional cost of serving such students.

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However, adjustments to out-of-state fees or tuition for graduate

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and professional programs pursuant to this section may not exceed

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10 percent in any year for any student who is formally admitted

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to and maintains continuous enrollment in a graduate or

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professional program.

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     (d)  The sum of the activity and service, health, and

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

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course shall not exceed 40 percent of the tuition established in

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law or in the General Appropriations Act. No university shall be

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required to lower any fee in effect on the effective date of this

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act in order to comply with this subsection. Within the 40

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percent cap, universities may not increase the aggregate sum of

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activity and service, health, and athletic fees more than 5

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percent per year unless specifically authorized in law or in the

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General Appropriations Act. A university may increase its

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athletic fee to defray the costs associated with changing

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National Collegiate Athletic Association divisions. Any such

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increase in the athletic fee may exceed both the 40 percent cap

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and the 5 percent cap imposed by this subsection. Any such

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increase must be approved by the athletic fee committee in the

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process outlined in subsection (12) and cannot exceed $2 per

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credit hour. Notwithstanding the provisions of ss. 1009.534,

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1009.535, and 1009.536, that portion of any increase in an

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athletic fee pursuant to this subsection that causes the sum of

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the activity and service, health, and athletic fees to exceed the

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40 percent cap or the annual increase in such fees to exceed the

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5 percent cap shall not be included in calculating the amount a

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student receives for a Florida Academic Scholars award, a Florida

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Medallion Scholars award, or a Florida Gold Seal Vocational

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Scholars award.

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     (e)  This subsection does not prohibit a university from

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increasing or assessing optional fees related to specific

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activities if payment of such fees is not required as a part of

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registration for courses.

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     Section 2.  This act shall take effect July 1, 2008.