CS/HB 745

1
A bill to be entitled
2An act relating to postsecondary education; amending s.
3216.136, F.S.; revising provisions relating to student
4enrollment projections, and adjustments thereto, for the
5state educational system developed by the Education
6Estimating Conference; amending s. 1005.32, F.S.; revising
7requirements for application for licensure by
8accreditation by an independent postsecondary educational
9institution; amending s. 1009.01, F.S.; providing
10definitions relating to postsecondary education; amending
11s. 1009.21, F.S.; providing that determination of resident
12status applies to eligibility for state financial aid
13awards and tuition assistance grants; revising
14definitions; revising provisions relating to qualification
15as a resident for tuition purposes; providing for
16reclassification of status; providing duties of
17institutions of higher education; amending s. 1009.22,
18F.S.; revising provisions relating to the workforce
19education postsecondary student capital improvement fee;
20amending s. 1009.23, F.S.; providing an exemption relating
21to establishment of the community college activity and
22service student fee; authorizing rulemaking; amending s.
231009.24, F.S.; revising provisions relating to state
24university student fees; providing for the establishment
25of tuition and fees at the undergraduate and graduate
26levels and for professional programs; revising provisions
27relating to use of the student financial aid fee; revising
28provisions relating to establishment of the undergraduate
29tuition differential; amending s. 1009.25, F.S.; revising
30provisions authorizing student fee exemptions by community
31colleges; defining "fee-paying student"; creating s.
321009.286, F.S.; providing requirements for additional
33payment by state university students for certain credit
34hours exceeding degree program requirements; providing
35criteria for calculating credit hours; authorizing an
36exemption; amending ss. 1009.98 and 1011.48, F.S.;
37conforming cross-references; providing an effective date.
38
39Be It Enacted by the Legislature of the State of Florida:
40
41     Section 1.  Subsection (4) of section 216.136, Florida
42Statutes, is amended to read:
43     216.136  Consensus estimating conferences; duties and
44principals.--
45     (4)  EDUCATION ESTIMATING CONFERENCE.--
46     (a)  The Education Estimating Conference shall develop such
47official information relating to the state public and private
48educational system, including forecasts of student enrollments,
49the number of students qualified for state financial aid
50programs, and for the William L. Boyd, IV, Florida Resident
51Access Grant Program, and for the Access to Better Learning and
52Education Grant Program and the appropriation required to fund
53the full award amounts for each program, fixed capital outlay
54needs, and Florida Education Finance Program formula needs, as
55the conference determines is needed for the state planning and
56budgeting system.
57     (b)  The conference's initial projections of enrollments in
58public schools shall be forwarded by the conference to each
59school district no later than 2 months prior to the start of the
60regular session of the Legislature. Each school district may, in
61writing, request adjustments to the initial projections. Any
62adjustment request shall be submitted to the conference no later
63than 1 month prior to the start of the regular session of the
64Legislature and shall be considered by the principals of the
65conference. A school district may amend its adjustment request,
66in writing, during the first 3 weeks of the legislative session,
67and such amended adjustment request shall be considered by the
68principals of the conference. For any adjustment so requested,
69the district shall indicate and explain, using definitions
70adopted by the conference, the components of anticipated
71enrollment changes that correspond to continuation of current
72programs with workload changes; program improvement; program
73reduction or elimination; initiation of new programs; and any
74other information that may be needed by the Legislature. For
75public schools, the conference shall submit its full-time
76equivalent student consensus estimate to the Legislature no
77later than 1 month after the start of the regular session of the
78Legislature. No conference estimate may be changed without the
79agreement of the full conference.
80     (c)  The conference shall estimate a state-level demand
81pool for postsecondary education that includes all delivery
82systems, public and private. The conference shall calculate the
83level of public postsecondary enrollment from the initial demand
84value. Once the state-level public sector demand has been
85established, the conference shall use current policies and
86relationships to allocate the demand into the appropriate
87delivery systems within the public sector. The conference's
88initial projections of enrollments in public postsecondary
89institutions shall be forwarded by the conference to the State
90Board of Education and the Board of Governors no later than 2
91months prior to the start of the regular session of the
92Legislature for distribution to their respective institutions.
93Each institution may, in writing, request adjustments to the
94initial projections. Any adjustment request shall be submitted
95to the conference no later than 1 month prior to the start of
96the regular session of the Legislature and shall be considered
97by the principals of the conference. A public postsecondary
98institution may amend its adjustment request, in writing, during
99the first 3 weeks of the legislative session, and such amended
100adjustment request shall be considered by the principals of the
101conference. For any adjustment so requested, the institution
102shall indicate and explain, using definitions adopted by the
103conference, the components of anticipated enrollment changes
104that correspond to continuation of current programs with
105workload changes; program improvement; program reduction or
106elimination; initiation of new programs; and any other
107information that may be needed by the Legislature. The
108conference shall submit its full-time equivalent student
109consensus estimate for public postsecondary education to the
110Legislature no later than 1 month after the start of the regular
111session of the Legislature. No conference estimate may be
112changed without the agreement of the full conference.
113     (d)(b)  No later than 2 months prior to the start of the
114regular session of the Legislature, the conference shall forward
115to each eligible postsecondary education institution its initial
116projections of the number of students qualified for state
117financial aid programs and the appropriation required to fund
118those students at the full award amount. Each postsecondary
119education institution may request, in writing, adjustments to
120the initial projection. Any adjustment request must be submitted
121to the conference no later than 1 month prior to the start of
122the regular session of the Legislature and shall be considered
123by the principals of the conference. For any adjustment so
124requested, the postsecondary education institution shall
125indicate and explain, using definitions adopted by the
126conference, the components of anticipated changes that
127correspond to continuation of current programs with enrollment
128changes, program reduction or elimination, initiation of new
129programs, award amount increases or decreases, and any other
130information that is considered by the conference. The conference
131shall submit its consensus estimate to the Legislature no later
132than 1 month after the start of the regular session of the
133Legislature. No conference estimate may be changed without the
134agreement of the full conference.
135     Section 2.  Subsection (1) of section 1005.32, Florida
136Statutes, is amended to read:
137     1005.32  Licensure by means of accreditation.--
138     (1)  An independent postsecondary educational institution
139that meets the following criteria may apply for a license by
140means of accreditation from the commission:
141     (a)  The institution has operated legally in this state for
142at least 5 consecutive years.
143     (b)  The institution holds institutional accreditation by
144an accrediting agency evaluated and approved by the commission
145as having standards substantially equivalent to the commission's
146licensure standards.
147     (c)  The institution has no unresolved complaints or
148actions in the past 12 months.
149     (d)  The institution meets minimum requirements for
150financial responsibility as determined by the commission.
151     (e)  The institution is a Florida corporation.
152     Section 3.  Subsection (3) of section 1009.01, Florida
153Statutes, is amended, and subsections (4), (5), and (6) are
154added to that section, to read:
155     1009.01  Definitions.--The term:
156     (3)  "Tuition differential" means the supplemental fee
157charged to a student for instruction provided by a public
158university in this state pursuant to s. 1009.24(16)(15).
159     (4)  "Undergraduate tuition" means the basic fee charged to
160a student for instruction provided by a state university in a
161lower-level course or in an upper-level course.
162     (5)  "Graduate tuition" means the basic fee charged to a
163student for instruction provided by a state university in a
164graduate-level course. Graduate-level courses do not include
165courses in professional programs.
166     (6)  "Professional program" means a program in dentistry,
167law, medicine, pharmacy, or veterinary medicine.
168     Section 4.  Section 1009.21, Florida Statutes, is amended
169to read:
170     1009.21  Determination of resident status for tuition
171purposes and student eligibility for state financial aid awards
172and tuition assistance grants.-- Students shall be classified as
173residents or nonresidents for the purpose of assessing tuition
174in community colleges and state universities and for the purpose
175of determining student eligibility for state financial aid
176awards and tuition assistance grants.
177     (1)  As used in this section, the term:
178     (a)  The term "Dependent child" means any person, whether
179or not living with his or her parent, who is eligible to be
180claimed by his or her parent as a dependent under the federal
181income tax code.
182     (b)  "Initial enrollment" means the first day of class at
183an institution of higher education.
184     (c)(b)  The term "Institution of higher education" means
185any public community college or state university or any
186institution eligible to participate in a program established
187pursuant to s. 1009.50, s. 1009.505, s. 1009.51, s. 1009.52, s.
1881009.53, s. 1009.54, s. 1009.56, s. 1009.57, s. 1009.60, s.
1891009.62, s. 1009.63, s. 1009.68, s. 1009.72, s. 1009.73, s.
1901009.76, s. 1009.77, s. 1009.89, or s. 1009.891.
191     (d)(c)  A "Legal resident" or "resident" means is a person
192who has maintained his or her residence in this state for the
193preceding year, has purchased a home which is occupied by him or
194her as his or her residence, or has established a domicile in
195this state pursuant to s. 222.17.
196     (e)  "Nonresident for tuition purposes" means a person who
197does not qualify for the in-state tuition rate.
198     (f)(d)  The term "Parent" means the natural or adoptive
199parent or legal guardian of a dependent child.
200     (g)(e)  A "Resident for tuition purposes" means is a person
201who qualifies as provided in subsection (2) for the in-state
202tuition rate; a "nonresident for tuition purposes" is a person
203who does not qualify for the in-state tuition rate.
204     (2)(a)  To qualify as a resident for tuition purposes:
205     1.  A person or, if that person is a dependent child, his
206or her parent or parents must have established legal residence
207in this state and must have maintained legal residence in this
208state for at least 12 consecutive months immediately prior to
209his or her initial enrollment in an institution of higher
210education qualification. Legal residence must be established by
211written or electronic verification that includes two or more of
212the following Florida documents that demonstrate clear and
213convincing evidence of continuous residence in the state for at
214least 12 consecutive months prior to the student's initial
215enrollment in an institution of higher education: a voter
216information card pursuant to s. 97.071; a driver's license; an
217identification card issued by the State of Florida; a vehicle
218registration; a declaration of domicile; proof of purchase of a
219permanent home; a transcript from a Florida high school; a
220Florida high school equivalency diploma and transcript; proof of
221permanent full-time employment; proof of 12 consecutive months
222of payment of utility bills; a domicile lease and proof of 12
223consecutive months of payments; or other official state or court
224documents evidencing legal ties to Florida. No single piece of
225evidence shall be conclusive.
226     2.  Every applicant for admission to an institution of
227higher education shall be required to make a statement as to his
228or her length of residence in the state and, further, shall
229establish that his or her presence or, if the applicant is a
230dependent child, the presence of his or her parent or parents in
231the state currently is, and during the requisite 12-month
232qualifying period was, for the purpose of maintaining a bona
233fide domicile, rather than for the purpose of maintaining a mere
234temporary residence or abode incident to enrollment in an
235institution of higher education.
236     (b)  However, with respect to a dependent child living with
237an adult relative other than the child's parent, such child may
238qualify as a resident for tuition purposes if the adult relative
239is a legal resident who has maintained legal residence in this
240state for at least 12 consecutive months immediately prior to
241the child's initial enrollment in an institution of higher
242education qualification, provided the child has resided
243continuously with such relative for the 5 years immediately
244prior to the child's initial enrollment qualification, during
245which time the adult relative has exercised day-to-day care,
246supervision, and control of the child.
247     (c)  The legal residence of a dependent child whose parents
248are divorced, separated, or otherwise living apart will be
249deemed to be this state if either parent is a legal resident of
250this state, regardless of which parent is entitled to claim, and
251does in fact claim, the minor as a dependent pursuant to federal
252individual income tax provisions.
253     (d)  A person who is classified as a nonresident for
254tuition purposes may become eligible for reclassification as a
255resident for tuition purposes if that person or, if that person
256is a dependent child, his or her parent presents clear and
257convincing evidence that supports permanent residency in this
258state rather than temporary residency for the purpose of
259pursuing an education, such as documentation of full-time
260permanent employment for the prior 12 months or the purchase of
261a home in this state and residence therein for the prior 12
262months. If a person who is a dependent child and his or her
263parent move to this state while such child is a high school
264student and the child graduates from a high school in this
265state, the child may become eligible for reclassification as a
266resident for tuition purposes when the parent qualifies for
267permanent residency.
268     (3)(a)  An individual shall not be classified as a resident
269for tuition purposes and, thus, shall not be eligible to receive
270the in-state tuition rate until he or she has provided such
271evidence related to legal residence and its duration or, if that
272individual is a dependent child, documentation of his or her
273parent's legal residence and its duration, as well as
274documentation confirming his or her status as a dependent child,
275as may be required by law and by officials of the institution of
276higher education from which he or she seeks the in-state tuition
277rate. The documentation shall provide clear and convincing
278evidence that residency in this state was for a minimum of 12
279consecutive months prior to the student's initial enrollment in
280an institution of higher education. No single piece of evidence
281shall be conclusive.
282     (b)  Each institution of higher learning shall:
283     1.  Determine whether an applicant who has been granted
284admission to that institution is a dependent child.
285     2.  Affirmatively determine that an applicant who has been
286granted admission to that institution as a Florida resident
287meets the residency requirements of this section at the time of
288initial enrollment.
289     (4)  With respect to a dependent child, the legal residence
290of such individual's parent or parents is prima facie evidence
291of the individual's legal residence, which evidence may be
292reinforced or rebutted, relative to the age and general
293circumstances of the individual, by the other evidence of legal
294residence required of or presented by the individual. However,
295the legal residence of an individual whose parent or parents are
296domiciled outside this state is not prima facie evidence of the
297individual's legal residence if that individual has lived in
298this state for 5 consecutive years prior to enrolling or
299reregistering at the institution of higher education at which
300resident status for tuition purposes is sought.
301     (5)  In making a domiciliary determination related to the
302classification of a person as a resident or nonresident for
303tuition purposes, the domicile of a married person, irrespective
304of sex, shall be determined, as in the case of an unmarried
305person, by reference to all relevant evidence of domiciliary
306intent. For the purposes of this section:
307     (a)  A person shall not be precluded from establishing or
308maintaining legal residence in this state and subsequently
309qualifying or continuing to qualify as a resident for tuition
310purposes solely by reason of marriage to a person domiciled
311outside this state, even when that person's spouse continues to
312be domiciled outside of this state, provided such person
313maintains his or her legal residence in this state.
314     (b)  A person shall not be deemed to have established or
315maintained a legal residence in this state and subsequently to
316have qualified or continued to qualify as a resident for tuition
317purposes solely by reason of marriage to a person domiciled in
318this state.
319     (c)  In determining the domicile of a married person,
320irrespective of sex, the fact of the marriage and the place of
321domicile of such person's spouse shall be deemed relevant
322evidence to be considered in ascertaining domiciliary intent.
323     (6)  Any nonresident person, irrespective of sex, who
324marries a legal resident of this state or marries a person who
325later becomes a legal resident may, upon becoming a legal
326resident of this state, accede to the benefit of the spouse's
327immediately precedent duration as a legal resident for purposes
328of satisfying the 12-month durational requirement of this
329section.
330     (7)  A person shall not lose his or her resident status for
331tuition purposes solely by reason of serving, or, if such person
332is a dependent child, by reason of his or her parent's or
333parents' serving, in the Armed Forces outside this state.
334     (8)  A person who has been properly classified as a
335resident for tuition purposes but who, while enrolled in an
336institution of higher education in this state, loses his or her
337resident tuition status because the person or, if he or she is a
338dependent child, the person's parent or parents establish
339domicile or legal residence elsewhere shall continue to enjoy
340the in-state tuition rate for a statutory grace period, which
341period shall be measured from the date on which the
342circumstances arose that culminated in the loss of resident
343tuition status and shall continue for 12 months. However, if the
34412-month grace period ends during a semester or academic term
345for which such former resident is enrolled, such grace period
346shall be extended to the end of that semester or academic term.
347     (9)  Any person who ceases to be enrolled at or who
348graduates from an institution of higher education while
349classified as a resident for tuition purposes and who
350subsequently abandons his or her domicile in this state shall be
351permitted to reenroll at an institution of higher education in
352this state as a resident for tuition purposes without the
353necessity of meeting the 12-month durational requirement of this
354section if that person has reestablished his or her domicile in
355this state within 12 months of such abandonment and continuously
356maintains the reestablished domicile during the period of
357enrollment. The benefit of this subsection shall not be accorded
358more than once to any one person.
359     (10)  The following persons shall be classified as
360residents for tuition purposes:
361     (a)  Active duty members of the Armed Services of the
362United States residing or stationed in this state, their
363spouses, and dependent children, and active members of the
364Florida National Guard who qualify under s. 250.10(7) and (8)
365for the tuition assistance program.
366     (b)  Active duty members of the Armed Services of the
367United States and their spouses and dependents attending a
368public community college or state university within 50 miles of
369the military establishment where they are stationed, if such
370military establishment is within a county contiguous to Florida.
371     (c)  United States citizens living on the Isthmus of
372Panama, who have completed 12 consecutive months of college work
373at the Florida State University Panama Canal Branch, and their
374spouses and dependent children.
375     (d)  Full-time instructional and administrative personnel
376employed by state public schools, community colleges, and
377institutions of higher education, as defined in s. 1000.04, and
378their spouses and dependent children.
379     (e)  Students from Latin America and the Caribbean who
380receive scholarships from the federal or state government. Any
381student classified pursuant to this paragraph shall attend, on a
382full-time basis, a Florida institution of higher education.
383     (f)  Southern Regional Education Board's Academic Common
384Market graduate students attending Florida's state universities.
385     (g)  Full-time employees of state agencies or political
386subdivisions of the state when the student fees are paid by the
387state agency or political subdivision for the purpose of job-
388related law enforcement or corrections training.
389     (h)  McKnight Doctoral Fellows and Finalists who are United
390States citizens.
391     (i)  United States citizens living outside the United
392States who are teaching at a Department of Defense Dependent
393School or in an American International School and who enroll in
394a graduate level education program which leads to a Florida
395teaching certificate.
396     (j)  Active duty members of the Canadian military residing
397or stationed in this state under the North American Air Defense
398(NORAD) agreement, and their spouses and dependent children,
399attending a community college or state university within 50
400miles of the military establishment where they are stationed.
401     (k)  Active duty members of a foreign nation's military who
402are serving as liaison officers and are residing or stationed in
403this state, and their spouses and dependent children, attending
404a community college or state university within 50 miles of the
405military establishment where the foreign liaison officer is
406stationed.
407     (11)  The State Board of Education and the Board of
408Governors shall adopt rules to implement this section.
409     Section 5.  Subsection (6) of section 1009.22, Florida
410Statutes, is amended to read:
411     1009.22  Workforce education postsecondary student fees.--
412     (6)  Each district school board and community college board
413of trustees may establish a separate fee for capital
414improvements, technology enhancements, or equipping buildings
415which may not exceed 5 percent of tuition for resident students
416or 5 percent of tuition and out-of-state fees for nonresident
417students. Funds collected by community colleges through these
418fees may be bonded only for the purpose of financing or
419refinancing new construction and equipment, renovation, or
420remodeling of educational facilities. The fee shall be collected
421as a component part of the tuition and fees, paid into a
422separate account, and expended only to construct and equip,
423maintain, improve, or enhance the certificate career education
424or adult education facilities of the school district or
425community college. Projects funded through the use of the
426capital improvement fee must meet the survey and construction
427requirements of chapter 1013. Pursuant to s. 216.0158, each
428district school board and community college board of trustees
429shall identify each project, including maintenance projects,
430proposed to be funded in whole or in part by such fee. Capital
431improvement fee revenues may be pledged by a board of trustees
432as a dedicated revenue source to the repayment of debt,
433including lease-purchase agreements and revenue bonds, with a
434term not to exceed 20 years, and not to exceed the useful life
435of the asset being financed, only for the new construction and
436equipment, renovation, or remodeling of educational facilities.
437Community colleges may use the services of the Division of Bond
438Finance of the State Board of Administration to issue any bonds
439authorized through the provisions of this subsection. Any such
440bonds issued by the Division of Bond Finance shall be in
441compliance with the provisions of the State Bond Act. Bonds
442issued pursuant to the State Bond Act shall be validated in the
443manner provided by chapter 75. The complaint for such validation
444shall be filed in the circuit court of the county where the seat
445of state government is situated, the notice required to be
446published by s. 75.06 shall be published only in the county
447where the complaint is filed, and the complaint and order of the
448circuit court shall be served only on the state attorney of the
449circuit in which the action is pending. A maximum of 15 percent
450cents per credit hour may be allocated from the capital
451improvement fee for child care centers conducted by the district
452school board or community college board of trustees.
453     Section 6.  Subsections (7) and (12) of section 1009.23,
454Florida Statutes, are amended to read:
455     1009.23  Community college student fees.--
456     (7)  Each community college board of trustees may establish
457a separate activity and service fee not to exceed 10 percent of
458the tuition fee, according to rules of the State Board of
459Education. The student activity and service fee shall be
460collected as a component part of the tuition and fees. The
461student activity and service fees shall be paid into a student
462activity and service fund at the community college and shall be
463expended for lawful purposes to benefit the student body in
464general. These purposes include, but are not limited to, student
465publications and grants to duly recognized student
466organizations, the membership of which is open to all students
467at the community college without regard to race, sex, or
468religion. No community college shall be required to lower any
469activity and service fee approved by the board of trustees of
470the community college and in effect prior to October 26, 2007,
471in order to comply with the provisions of this subsection.
472     (12)(a)  In addition to tuition, out-of-state, financial
473aid, capital improvement, student activity and service, and
474technology fees authorized in this section, each community
475college board of trustees is authorized to establish fee
476schedules for the following user fees and fines: laboratory
477fees; parking fees and fines; library fees and fines; fees and
478fines relating to facilities and equipment use or damage; access
479or identification card fees; duplicating, photocopying, binding,
480or microfilming fees; standardized testing fees; diploma
481replacement fees; transcript fees; application fees; graduation
482fees; and late fees related to registration and payment. Such
483user fees and fines shall not exceed the cost of the services
484provided and shall only be charged to persons receiving the
485service. A community college may not charge any fee except as
486authorized by law or rules of the State Board of Education.
487Parking fee revenues may be pledged by a community college board
488of trustees as a dedicated revenue source for the repayment of
489debt, including lease-purchase agreements and revenue bonds with
490terms not exceeding 20 years and not exceeding the useful life
491of the asset being financed. Community colleges shall use the
492services of the Division of Bond Finance of the State Board of
493Administration to issue any revenue bonds authorized by the
494provisions of this subsection. Any such bonds issued by the
495Division of Bond Finance shall be in compliance with the
496provisions of the State Bond Act. Bonds issued pursuant to the
497State Bond Act shall be validated in the manner established in
498chapter 75. The complaint for such validation shall be filed in
499the circuit court of the county where the seat of state
500government is situated, the notice required to be published by
501s. 75.06 shall be published only in the county where the
502complaint is filed, and the complaint and order of the circuit
503court shall be served only on the state attorney of the circuit
504in which the action is pending.
505     (b)  The State Board of Education may adopt rules pursuant
506to ss. 120.536(1) and 120.54 to administer the provisions of
507this subsection.
508     Section 7.  Subsections (4), (7), and (16) of section
5091009.24, Florida Statutes, as amended by chapter 2007-329, Laws
510of Florida, are amended to read:
511     1009.24  State university student fees.--
512     (4)(a)1.  Effective January 1, 2008, the resident
513undergraduate tuition for lower-level and upper-level coursework
514shall be $77.39 per credit hour.
515     2.(b)  Beginning with the 2008-2009 fiscal year and each
516year thereafter, the resident undergraduate tuition per credit
517hour shall increase at the beginning of each fall semester at a
518rate equal to inflation, unless otherwise provided in the
519General Appropriations Act. The Office of Economic and
520Demographic Research shall report the rate of inflation to the
521President of the Senate, the Speaker of the House of
522Representatives, the Governor, and the Board of Governors each
523year prior to March 1. For purposes of this subparagraph
524paragraph, the rate of inflation shall be defined as the rate of
525the 12-month percentage change in the Consumer Price Index for
526All Urban Consumers, U.S. City Average, All Items, or successor
527reports as reported by the United States Department of Labor,
528Bureau of Labor Statistics, or its successor for December of the
529previous year. In the event the percentage change is negative,
530the resident undergraduate tuition shall remain at the same
531level as the prior fiscal year.
532     3.  The Board of Governors, or the board's designee, may
533establish the out-of-state fee for undergraduate courses. The
534sum of the undergraduate tuition and the out-of-state fee
535assessed to nonresident students for undergraduate courses must
536be sufficient to offset the full instructional cost of serving
537such students. However, adjustments to the out-of-state fee
538pursuant to this subparagraph may not exceed 10 percent in any
539year.
540     (b)(c)  The Board of Governors, or the board's designee,
541may establish tuition for graduate tuition and professional
542programs, and the out-of-state fee fees for graduate-level
543courses all programs. The sum of graduate tuition and the out-
544of-state fee fees assessed to nonresident students for graduate-
545level courses must be sufficient to offset the full
546instructional cost of serving such students. However,
547adjustments to the out-of-state fee fees or graduate tuition for
548graduate and professional programs pursuant to this paragraph
549section may not exceed 10 percent in any year.
550     (c)  Each university board of trustees may establish
551tuition and the out-of-state fee for each professional program
552offered by the university. The sum of tuition and the out-of-
553state fee assessed to nonresident students in professional
554programs must be sufficient to offset the full instructional
555cost of serving such students. Adjustments to tuition or the
556out-of-state fee for any student who was enrolled in a
557professional program prior to the Fall 2008 term and maintains
558continuous enrollment in good academic standing in such program
559as determined by the university may not exceed 10 percent in any
560year.
561     (d)  The sum of the activity and service, health, and
562athletic fees a student is required to pay to register for a
563course shall not exceed 40 percent of the tuition established in
564law or in the General Appropriations Act. No university shall be
565required to lower any fee in effect on the effective date of
566this act in order to comply with this paragraph subsection.
567Within the 40 percent cap, universities may not increase the
568aggregate sum of activity and service, health, and athletic fees
569more than 5 percent per year unless specifically authorized in
570law or in the General Appropriations Act. A university may
571increase its athletic fee to defray the costs associated with
572changing National Collegiate Athletic Association divisions. Any
573such increase in the athletic fee may exceed both the 40 percent
574cap and the 5 percent cap imposed by this paragraph subsection.
575Any such increase must be approved by the athletic fee committee
576in the process outlined in subsection (12) and cannot exceed $2
577per credit hour. Notwithstanding the provisions of ss. 1009.534,
5781009.535, and 1009.536, that portion of any increase in an
579athletic fee pursuant to this paragraph subsection that causes
580the sum of the activity and service, health, and athletic fees
581to exceed the 40 percent cap or the annual increase in such fees
582to exceed the 5 percent cap shall not be included in calculating
583the amount a student receives for a Florida Academic Scholars
584award, a Florida Medallion Scholars award, or a Florida Gold
585Seal Vocational Scholars award.
586     (e)  This subsection does not prohibit a university from
587increasing or assessing optional fees related to specific
588activities if payment of such fees is not required as a part of
589registration for courses.
590     (7)  A university board of trustees is authorized to
591collect for financial aid purposes an amount not to exceed 5
592percent of the tuition and the out-of-state fee. The revenues
593from fees are to remain at each campus and replace existing
594financial aid fees. Such funds shall be disbursed to students as
595quickly as possible. A minimum of 75 percent of funds from the
596student financial aid fee for new financial aid awards shall be
597used to provide financial aid based on absolute need. A student
598who has received an award prior to July 1, 1984, shall have his
599or her eligibility assessed on the same criteria that were used
600at the time of his or her original award. The Board of Governors
601shall develop criteria for making financial aid awards. Each
602university shall report annually to the Board of Governors and
603the Department of Education on the revenue collected pursuant to
604this subsection, the amount carried forward, the criteria used
605to make awards, the amount and number of awards for each
606criterion, and a delineation of the distribution of such awards.
607The report shall include an assessment by category of the
608financial need of every student who receives an award,
609regardless of the purpose for which the award is received.
610Awards which are based on financial need shall be distributed in
611accordance with a nationally recognized system of need analysis
612approved by the Board of Governors. An award for academic merit
613shall require a minimum overall grade point average of 3.0 on a
6144.0 scale or the equivalent for both initial receipt of the
615award and renewal of the award.
616     (16)  The Board of Governors may establish a uniform
617maximum undergraduate tuition differential that does not exceed
61840 percent of tuition for all universities that meet the
619criteria for Funding Level 1 under s. 1004.635(3), and may
620establish a uniform maximum undergraduate tuition differential
621that does not exceed 30 percent of tuition for all universities
622that have total research and development expenditures for all
623fields of at least $100 million per year as reported annually to
624the National Science Foundation meet the criteria for Funding
625Level 2 under s. 1004.635(3). However, the board shall ensure
626that the maximum tuition differential it establishes for
627universities meeting the Funding Level 1 criteria is at least 30
628percent greater than the maximum tuition differential the board
629establishes for universities that meet the required Funding
630Level 2 criteria for research and development expenditures. The
631tuition differential is subject to the following conditions:
632     (a)  The sum of tuition and the tuition differential may
633not be increased by more than 15 percent of the total charged
634for these fees in the preceding fiscal year.
635     (b)  The tuition differential may not be calculated as a
636part of the scholarship programs established in ss. 1009.53-
6371009.537.
638     (c)  Beneficiaries having prepaid tuition contracts
639pursuant to s. 1009.98(2)(b) which were in effect on July 1,
6402007, and which remain in effect, are exempt from the payment of
641the tuition differential.
642     (d)  The tuition differential may not be charged to any
643student who was in attendance at the university before July 1,
6442007, and who maintains continuous enrollment.
645     (e)  The tuition differential may be waived by the
646university for students who meet the eligibility requirements
647for the Florida public student assistance grant established in
648s. 1009.50.
649     (f)  A university board of trustees that has been
650authorized by the Board of Governors to establish a tuition
651differential pursuant to this subsection may establish the
652tuition differential at a rate lower than the maximum tuition
653differential established by the board, but may not exceed the
654maximum tuition differential established by the board.
655     (g)  The revenue generated from the tuition differential
656must be spent solely for improving the quality of direct
657undergraduate instruction and support services.
658     (h)  Information relating to the annual receipt and
659expenditure of the proceeds from the assessment of the tuition
660differential shall be reported by the university in accordance
661with guidelines established by the Board of Governors.
662     Section 8.  Subsection (3) of section 1009.25, Florida
663Statutes, is amended to read:
664     1009.25  Fee exemptions.--
665     (3)  At the discretion of the community college board of
666trustees, each community college is authorized to grant student
667fee exemptions from all fees authorized in s. 1009.23 adopted by
668the State Board of Education and the community college board of
669trustees for up to 0.5 percent of the community college's prior
670year fee-paying full-time equivalent students or 54 40 full-time
671equivalent students, whichever is greater at each institution. A
672"fee-paying student" means a student enrolled in college-
673preparatory courses, an associate in arts degree program, an
674associate in science degree program, career-preparatory
675instruction, an educator preparation institute, or a
676baccalaureate degree program.
677     Section 9.  Section 1009.286, Florida Statutes, is created
678to read:
679     1009.286  Additional student payment required for hours
680exceeding graduation requirements.--
681     (1)  It is the intent of the Legislature to encourage each
682undergraduate student who enrolls in a state university to
683complete the student's respective degree program in the most
684efficient way possible while, at the same time, providing for
685access to additional college coursework. The Legislature
686therefore intends to enact a policy that provides incentives for
687efficient degree completion and requires a student to pay an
688excess hour surcharge equal to 50 percent of the tuition rate
689for each credit hour in excess of 120 percent of the number of
690credit hours required to complete the degree program in which he
691or she is enrolled.
692     (2)  The provisions of this section shall become effective
693for students who enter a community college or a state university
694for the first time in the 2008-2009 academic year and
695thereafter.
696     (3)  Except as otherwise provided by law and for purposes
697of this section, the following hours shall be included when
698calculating the number of hours taken by a student:
699     (a)  All credit hours for courses taken at the state
700university from which the student is seeking a degree, including
701repeated courses and failed courses, except as provided in s.
7021009.285, and courses that are dropped after the university's
703advertised last day of the drop and add period.
704     (b)  All credit hours earned at another institution and
705accepted for transfer by the state university toward the
706student's undergraduate degree.
707     (4)  For purposes of this section, credit hours earned
708under the following circumstances are not calculated as hours
709required to earn a degree:
710     (a)  College credits earned through an articulated
711accelerated mechanism identified in s. 1007.27.
712     (b)  Credit hours earned through internship programs.
713     (c)  Credit hours required for certification,
714recertification, or certificate programs.
715     (d)  Credit hours in courses from which a student must
716withdraw due to reasons of medical or personal hardship.
717     (e)  Credit hours taken by active-duty military personnel.
718     (f)  Credit hours required to achieve a dual major
719undertaken while pursuing a degree.
720     (g)  Remedial and English as a Second Language credit
721hours.
722     (h)  Credit hours earned in military science courses
723(R.O.T.C).
724     (5)  Each postsecondary institution shall implement a
725process for notifying students regarding this section. The
726notice must be provided upon the student's initial enrollment in
727the institution and again upon the student's having earned the
728credit hours required to complete the degree program in which he
729or she is enrolled. The notice must include a recommendation
730that each student who intends to earn credit hours at the
731institution beyond those required for his or her enrolled degree
732program meet with his or her academic advisor.
733     (6)  A student may be granted an exemption from the excess
734hour surcharge imposed pursuant to this section only if an
735appeal has been granted by the state university based upon
736documented extenuating circumstances.
737     Section 10.  Paragraph (b) of subsection (2) of section
7381009.98, Florida Statutes, is amended to read:
739     1009.98  Stanley G. Tate Florida Prepaid College Program.--
740     (2)  PREPAID COLLEGE PLANS.--At a minimum, the board shall
741make advance payment contracts available for two independent
742plans to be known as the community college plan and the
743university plan. The board may also make advance payment
744contracts available for a dormitory residence plan. The board
745may restrict the number of participants in the community college
746plan, university plan, and dormitory residence plan,
747respectively. However, any person denied participation solely on
748the basis of such restriction shall be granted priority for
749participation during the succeeding year.
750     (b)1.  Through the university plan, the advance payment
751contract shall provide prepaid registration fees for a specified
752number of undergraduate semester credit hours not to exceed the
753average number of hours required for the conference of a
754baccalaureate degree. Qualified beneficiaries shall bear the
755cost of any laboratory fees associated with enrollment in
756specific courses. Each qualified beneficiary shall be classified
757as a resident for tuition purposes pursuant to s. 1009.21,
758regardless of his or her actual legal residence.
759     2.  Effective July 1, 1998, the board may provide advance
760payment contracts for additional fees delineated in s.
7611009.24(9)-(12)(8)-(11), for a specified number of undergraduate
762semester credit hours not to exceed the average number of hours
763required for the conference of a baccalaureate degree, in
764conjunction with advance payment contracts for registration
765fees. Such contracts shall provide prepaid coverage for the sum
766of such fees, to a maximum of 45 percent of the cost of
767registration fees. University plan contracts purchased prior to
768July 1, 1998, shall be limited to the payment of registration
769fees as defined in s. 1009.97.
770     3.  Effective July 1, 2007, the board may provide advance
771payment contracts for the tuition differential authorized in s.
7721009.24(16)(15) for a specified number of undergraduate semester
773credit hours, which may not exceed the average number of hours
774required for the conference of a baccalaureate degree, in
775conjunction with advance payment contracts for registration
776fees.
777     Section 11.  Subsection (5) of section 1011.48, Florida
778Statutes, is amended to read:
779     1011.48  Establishment of educational research centers for
780child development.--
781     (5)  Each educational research center for child development
782shall be funded by a portion of the Capital Improvement Trust
783Fund fee established by the Board of Governors pursuant to s.
7841009.24(8)(7). Each university that establishes a center shall
785receive a portion of such fees collected from the students
786enrolled at that university, usable only at that university,
787equal to 22.5 cents per student per credit hour taken per term,
788based on the summer term and fall and spring semesters. This
789allocation shall be used by the university only for the
790establishment and operation of a center as provided by this
791section and rules adopted hereunder. Said allocation may be made
792only after all bond obligations required to be paid from such
793fees have been met.
794     Section 12.  This act shall take effect July 1, 2008.


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