Florida Senate - 2008 CS for SB 320

By the Committee on Higher Education; and Senators Constantine and Lynn

589-05387A-08 2008320c1

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A bill to be entitled

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An act relating to postsecondary education; amending s.

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1009.24, F.S.; modifying the criteria for establishing a

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uniform maximum undergraduate tuition differential;

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creating s. 1009.286, F.S.; providing legislative intent;

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requiring that freshmen entering a secondary institution

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after a specified date who exceed 150 percent of the

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number of credit hours required to receive a degree must

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pay an increase of 50 percent per credit hour above the

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normal in-state tuition rate; requiring that the

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institution provide counseling and advisement to a student

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under certain circumstances; requiring the Department of

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Education to develop a performance-based methodology for

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community colleges to help students meet their academic

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goals; providing that a student may be granted an

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exemption from the increased tuition rate; providing an

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effective date.

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

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     Section 1.  Subsection (16) of section 1009.24, Florida

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Statutes, is amended to read:

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     1009.24  State university student fees.--

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     (16)  The Board of Governors may establish a uniform maximum

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undergraduate tuition differential that does not exceed 40

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percent of tuition for all universities that meet the criteria

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for Funding Level 1 under s. 1004.635(3), and may establish a

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uniform maximum undergraduate tuition differential that does not

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exceed 30 percent of tuition for all universities that have

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research awards or expenditures from externally awarded contracts

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and grants of at least $100 million per year, as reported by the

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National Science Foundation Survey of Research and Development

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Expenditures at Universities and Colleges meet the criteria for

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Funding Level 2 under s. 1004.635(3). However, the board shall

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ensure that the maximum tuition differential it establishes for

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universities meeting the Funding Level 1 criteria is at least 30

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percent greater than the maximum tuition differential the board

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establishes for universities that meet the required Funding Level

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2 criteria for research contracts. The tuition differential is

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subject to the following conditions:

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     (a)  The sum of tuition and the tuition differential may not

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be increased by more than 15 percent of the total charged for

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these fees in the preceding fiscal year.

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

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part of the scholarship programs established in ss. 1009.53-

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1009.537.

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     (c)  Beneficiaries having prepaid tuition contracts pursuant

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to s. 1009.98(2)(b) which were in effect on July 1, 2007, and

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which remain in effect, are exempt from the payment of the

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tuition differential.

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

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

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2007, and who maintains continuous enrollment.

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     (e)  The tuition differential may be waived by the

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university for students who meet the eligibility requirements for

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the Florida public student assistance grant established in s.

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1009.50.

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

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by the Board of Governors to establish a tuition differential

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pursuant to this subsection may establish the tuition

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differential at a rate lower than the maximum tuition

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differential established by the board, but may not exceed the

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maximum tuition differential established by the board.

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     (g)  The revenue generated from the tuition differential

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must be spent solely for improving the quality of direct

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undergraduate instruction and support services.

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     (h)  Information relating to the annual receipt and

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expenditure of the proceeds from the assessment of the tuition

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differential shall be reported by the university in accordance

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with guidelines established by the Board of Governors.

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     Section 2.  Section 1009.286, Florida Statutes, is created

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to read:

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     1009.286 Additional payment for credit hours exceeding

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graduation requirements.--

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     (1) It is the intent of the Legislature to encourage each

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undergraduate student in postsecondary education to complete the

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student's respective degree program in the most efficient way

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possible while, at the same time, providing for access to

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additional college coursework. The Legislature therefore intends

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to enact a policy that provides incentives for efficient degree

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completion and requires a student to pay 50 percent more than the

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in-state tuition rate for each credit hour in excess of 150

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percent of the number of credit hours required to complete the

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degree program in which he or she is enrolled.

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     (2) This section applies to each freshman entering

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postsecondary education as a first-time college student in the

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2008 fall semester and to all first-time college freshmen

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thereafter.

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     (3) For purposes of this section, the term "first-time

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college student" means a student attending a state postsecondary

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institution for the first time who has no prior credit toward a

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degree or formal award from any other postsecondary institution

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and who is enrolled in college-level courses pursuing completion

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of a degree.

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     (4) Each community college district board of trustees may

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enact policies requiring counseling and advising for any student

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subject to this section prior to completion of 24 earned credit

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hours to ensure that the student is making efficient and

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appropriate progress toward a degree.

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     (5) Any student subject to this section who has earned

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credits in excess of 120 percent of the required credit hours

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toward completion of his or her degree program shall meet with an

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advisor in order to prepare an educational plan outlining

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efficient completion of his or her degree prior to registering

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for further classes.

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     (6) The Department of Education shall develop a

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performance-based budgeting methodology to encourage community

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colleges to support students in progressing quickly toward their

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academic goal. Specifically, the methodology should measure and

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reward the following policy goals:

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     (a) Increase the percentage of students graduating with

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fewer than 120 percent of the credit hours needed to complete a

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degree;

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     (b) Decrease the number of unqualified withdrawals; and

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(c) Decrease the number of students persisting towards

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their academic goal with more than 120 percent of the credit

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hours required for a degree.

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     (7) Any student subject to this section who has earned in

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excess of 150 percent of the credit hours required for completion

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of his or her degree shall pay an increase of 50 percent per

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credit hour above the normal in-state tuition rate. A student may

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be granted an exemption from the additional fee only if an appeal

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has been granted by the postsecondary institution based upon

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documented extenuating circumstances.

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     Section 3.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.