| 1 | A bill to be entitled |
| 2 | An act relating to postsecondary education; amending s. |
| 3 | 216.136, F.S.; revising provisions relating to student |
| 4 | enrollment projections, and adjustments thereto, for the |
| 5 | state educational system developed by the Education |
| 6 | Estimating Conference; amending s. 1005.32, F.S.; revising |
| 7 | requirements for application for licensure by |
| 8 | accreditation by an independent postsecondary educational |
| 9 | institution; amending s. 1007.24, F.S.; revising |
| 10 | provisions regarding determination of equivalency of |
| 11 | courses; amending s. 1009.01, F.S.; providing definitions |
| 12 | relating to postsecondary education; amending s. 1009.21, |
| 13 | F.S.; providing that determination of resident status |
| 14 | applies to eligibility for state financial aid awards and |
| 15 | tuition assistance grants; revising definitions; revising |
| 16 | provisions relating to qualification as a resident for |
| 17 | tuition purposes; providing for reclassification of |
| 18 | status; providing duties of institutions of higher |
| 19 | education; amending s. 1009.22, F.S.; revising provisions |
| 20 | relating to the workforce education postsecondary student |
| 21 | capital improvement fee; amending s. 1009.23, F.S.; |
| 22 | providing an exemption relating to establishment of the |
| 23 | community college activity and service student fee; |
| 24 | authorizing an increase in the amount of fees collected |
| 25 | for financial aid purposes; increasing the amount of |
| 26 | financial aid fees that may be used to assist students who |
| 27 | meet specified criteria; authorizing rulemaking; amending |
| 28 | s. 1009.24, F.S.; revising provisions relating to state |
| 29 | university student fees; providing for the establishment |
| 30 | of tuition and fees at the undergraduate and graduate |
| 31 | levels and for professional programs; revising provisions |
| 32 | relating to use of the student financial aid fee; revising |
| 33 | provisions relating to establishment and conditions of the |
| 34 | undergraduate tuition differential; amending s. 1009.25, |
| 35 | F.S.; revising provisions authorizing student fee |
| 36 | exemptions by community colleges; defining "fee-paying |
| 37 | student"; amending s. 1009.265, F.S.; revising conditions |
| 38 | for the use of state employee fee waivers; amending ss. |
| 39 | 1009.98 and 1011.48, F.S.; conforming cross-references; |
| 40 | amending s. 196.192, F.S.; specifying educational |
| 41 | institutions as exempt entities for purposes of exemptions |
| 42 | from ad valorem taxation for property owned by exempt |
| 43 | entities; providing an effective date. |
| 44 |
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| 45 | Be It Enacted by the Legislature of the State of Florida: |
| 46 |
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| 47 | Section 1. Subsection (4) of section 216.136, Florida |
| 48 | Statutes, is amended to read: |
| 49 | 216.136 Consensus estimating conferences; duties and |
| 50 | principals.-- |
| 51 | (4) EDUCATION ESTIMATING CONFERENCE.-- |
| 52 | (a) The Education Estimating Conference shall develop such |
| 53 | official information relating to the state public and private |
| 54 | educational system, including forecasts of student enrollments, |
| 55 | the number of students qualified for state financial aid |
| 56 | programs, and for the William L. Boyd, IV, Florida Resident |
| 57 | Access Grant Program, and for the Access to Better Learning and |
| 58 | Education Grant Program and the appropriation required to fund |
| 59 | the full award amounts for each program, fixed capital outlay |
| 60 | needs, and Florida Education Finance Program formula needs, as |
| 61 | the conference determines is needed for the state planning and |
| 62 | budgeting system. |
| 63 | (b) The conference's initial projections of enrollments in |
| 64 | public schools shall be forwarded by the conference to each |
| 65 | school district no later than 2 months prior to the start of the |
| 66 | regular session of the Legislature. Each school district may, in |
| 67 | writing, request adjustments to the initial projections. Any |
| 68 | adjustment request shall be submitted to the conference no later |
| 69 | than 1 month prior to the start of the regular session of the |
| 70 | Legislature and shall be considered by the principals of the |
| 71 | conference. A school district may amend its adjustment request, |
| 72 | in writing, during the first 3 weeks of the legislative session, |
| 73 | and such amended adjustment request shall be considered by the |
| 74 | principals of the conference. For any adjustment so requested, |
| 75 | the district shall indicate and explain, using definitions |
| 76 | adopted by the conference, the components of anticipated |
| 77 | enrollment changes that correspond to continuation of current |
| 78 | programs with workload changes; program improvement; program |
| 79 | reduction or elimination; initiation of new programs; and any |
| 80 | other information that may be needed by the Legislature. For |
| 81 | public schools, the conference shall submit its full-time |
| 82 | equivalent student consensus estimate to the Legislature no |
| 83 | later than 1 month after the start of the regular session of the |
| 84 | Legislature. No conference estimate may be changed without the |
| 85 | agreement of the full conference. |
| 86 | (c) The conference shall estimate a state-level demand |
| 87 | pool for postsecondary education that includes all delivery |
| 88 | systems, public and private. The conference shall calculate the |
| 89 | level of public postsecondary enrollment from the initial demand |
| 90 | value. Once the state-level public sector demand has been |
| 91 | established, the conference shall use current policies and |
| 92 | relationships to allocate the demand into the appropriate |
| 93 | delivery systems within the public sector. The conference's |
| 94 | initial projections of enrollments in public postsecondary |
| 95 | institutions shall be forwarded by the conference to the State |
| 96 | Board of Education and the Board of Governors no later than 2 |
| 97 | months prior to the start of the regular session of the |
| 98 | Legislature for distribution to their respective institutions. |
| 99 | Each institution may, in writing, request adjustments to the |
| 100 | initial projections. Any adjustment request shall be submitted |
| 101 | to the conference no later than 1 month prior to the start of |
| 102 | the regular session of the Legislature and shall be considered |
| 103 | by the principals of the conference. A public postsecondary |
| 104 | institution may amend its adjustment request, in writing, during |
| 105 | the first 3 weeks of the legislative session, and such amended |
| 106 | adjustment request shall be considered by the principals of the |
| 107 | conference. For any adjustment so requested, the institution |
| 108 | shall indicate and explain, using definitions adopted by the |
| 109 | conference, the components of anticipated enrollment changes |
| 110 | that correspond to continuation of current programs with |
| 111 | workload changes; program improvement; program reduction or |
| 112 | elimination; initiation of new programs; and any other |
| 113 | information that may be needed by the Legislature. The |
| 114 | conference shall submit its full-time equivalent student |
| 115 | consensus estimate for public postsecondary education to the |
| 116 | Legislature no later than 1 month after the start of the regular |
| 117 | session of the Legislature. No conference estimate may be |
| 118 | changed without the agreement of the full conference. |
| 119 | (d)(b) No later than 2 months prior to the start of the |
| 120 | regular session of the Legislature, the conference shall forward |
| 121 | to each eligible postsecondary education institution its initial |
| 122 | projections of the number of students qualified for state |
| 123 | financial aid programs and the appropriation required to fund |
| 124 | those students at the full award amount. Each postsecondary |
| 125 | education institution may request, in writing, adjustments to |
| 126 | the initial projection. Any adjustment request must be submitted |
| 127 | to the conference no later than 1 month prior to the start of |
| 128 | the regular session of the Legislature and shall be considered |
| 129 | by the principals of the conference. For any adjustment so |
| 130 | requested, the postsecondary education institution shall |
| 131 | indicate and explain, using definitions adopted by the |
| 132 | conference, the components of anticipated changes that |
| 133 | correspond to continuation of current programs with enrollment |
| 134 | changes, program reduction or elimination, initiation of new |
| 135 | programs, award amount increases or decreases, and any other |
| 136 | information that is considered by the conference. The conference |
| 137 | shall submit its consensus estimate to the Legislature no later |
| 138 | than 1 month after the start of the regular session of the |
| 139 | Legislature. No conference estimate may be changed without the |
| 140 | agreement of the full conference. |
| 141 | Section 2. Subsection (1) of section 1005.32, Florida |
| 142 | Statutes, is amended to read: |
| 143 | 1005.32 Licensure by means of accreditation.-- |
| 144 | (1) An independent postsecondary educational institution |
| 145 | that meets the following criteria may apply for a license by |
| 146 | means of accreditation from the commission: |
| 147 | (a) The institution has operated legally in this state for |
| 148 | at least 5 consecutive years. |
| 149 | (b) The institution holds institutional accreditation by |
| 150 | an accrediting agency evaluated and approved by the commission |
| 151 | as having standards substantially equivalent to the commission's |
| 152 | licensure standards. |
| 153 | (c) The institution has no unresolved complaints or |
| 154 | actions in the past 12 months. |
| 155 | (d) The institution meets minimum requirements for |
| 156 | financial responsibility as determined by the commission. |
| 157 | (e) The institution is a Florida corporation. |
| 158 | Section 3. Subsection (7) of section 1007.24, Florida |
| 159 | Statutes, is amended to read: |
| 160 | 1007.24 Statewide course numbering system.-- |
| 161 | (7) Any student who transfers among postsecondary |
| 162 | institutions that are fully accredited by a regional or national |
| 163 | accrediting agency recognized by the United States Department of |
| 164 | Education and that participate in the statewide course numbering |
| 165 | system shall be awarded credit by the receiving institution for |
| 166 | courses satisfactorily completed by the student at the previous |
| 167 | institutions. Credit shall be awarded if the courses are judged |
| 168 | by the appropriate statewide course numbering system faculty |
| 169 | committees representing school districts, public postsecondary |
| 170 | educational institutions, and participating nonpublic |
| 171 | postsecondary educational institutions to be academically |
| 172 | equivalent to courses offered at the receiving institution, |
| 173 | including equivalency of faculty credentials, regardless of the |
| 174 | United States Department of Education recognized accrediting |
| 175 | agency and public or nonpublic control of the previous |
| 176 | institution. The Department of Education shall ensure that |
| 177 | credits to be accepted by a receiving institution are generated |
| 178 | in courses for which the faculty possess credentials that are |
| 179 | comparable to those required by the accrediting association of |
| 180 | the receiving institution. The award of credit may be limited to |
| 181 | courses that are entered in the statewide course numbering |
| 182 | system. Credits awarded pursuant to this subsection shall |
| 183 | satisfy institutional requirements on the same basis as credits |
| 184 | awarded to native students. |
| 185 | Section 4. Subsection (3) of section 1009.01, Florida |
| 186 | Statutes, is amended, and subsections (4), (5), and (6) are |
| 187 | added to that section, to read: |
| 188 | 1009.01 Definitions.--The term: |
| 189 | (3) "Tuition differential" means the supplemental fee |
| 190 | charged to a student for instruction provided by a public |
| 191 | university in this state pursuant to s. 1009.24(16)(15). |
| 192 | (4) "Undergraduate tuition" means the basic fee charged to |
| 193 | a student for instruction provided by a state university in a |
| 194 | lower-level course or in an upper-level course. |
| 195 | (5) "Graduate tuition" means the basic fee charged to a |
| 196 | student for instruction provided by a state university in a |
| 197 | graduate-level course. Graduate-level courses do not include |
| 198 | courses in professional programs. |
| 199 | (6) "Professional program" means a program in dentistry, |
| 200 | law, medicine, pharmacy, or veterinary medicine. |
| 201 | Section 5. Section 1009.21, Florida Statutes, is amended |
| 202 | to read: |
| 203 | 1009.21 Determination of resident status for tuition |
| 204 | purposes and student eligibility for state financial aid awards |
| 205 | and tuition assistance grants.-- Students shall be classified as |
| 206 | residents or nonresidents for the purpose of assessing tuition |
| 207 | in community colleges and state universities and for the purpose |
| 208 | of determining student eligibility for state financial aid |
| 209 | awards and tuition assistance grants. |
| 210 | (1) As used in this section, the term: |
| 211 | (a) The term "Dependent child" means any person, whether |
| 212 | or not living with his or her parent, who is eligible to be |
| 213 | claimed by his or her parent as a dependent under the federal |
| 214 | income tax code. |
| 215 | (b) "Initial enrollment" means the first day of class at |
| 216 | an institution of higher education. |
| 217 | (c)(b) The term "Institution of higher education" means |
| 218 | any public community college or state university or any |
| 219 | institution eligible to participate in a program established |
| 220 | pursuant to s. 1009.50, s. 1009.505, s. 1009.51, s. 1009.52, s. |
| 221 | 1009.53, s. 1009.54, s. 1009.56, s. 1009.57, s. 1009.60, s. |
| 222 | 1009.62, s. 1009.63, s. 1009.68, s. 1009.72, s. 1009.73, s. |
| 223 | 1009.76, s. 1009.77, s. 1009.89, or s. 1009.891. |
| 224 | (d)(c) A "Legal resident" or "resident" means is a person |
| 225 | who has maintained his or her residence in this state for the |
| 226 | preceding year, has purchased a home which is occupied by him or |
| 227 | her as his or her residence, or has established a domicile in |
| 228 | this state pursuant to s. 222.17. |
| 229 | (e) "Nonresident for tuition purposes" means a person who |
| 230 | does not qualify for the in-state tuition rate. |
| 231 | (f)(d) The term "Parent" means the natural or adoptive |
| 232 | parent or legal guardian of a dependent child. |
| 233 | (g)(e) A "Resident for tuition purposes" means is a person |
| 234 | who qualifies as provided in subsection (2) for the in-state |
| 235 | tuition rate; a "nonresident for tuition purposes" is a person |
| 236 | who does not qualify for the in-state tuition rate. |
| 237 | (2)(a) To qualify as a resident for tuition purposes: |
| 238 | 1. A person or, if that person is a dependent child, his |
| 239 | or her parent or parents must have established legal residence |
| 240 | in this state and must have maintained legal residence in this |
| 241 | state for at least 12 consecutive months immediately prior to |
| 242 | his or her initial enrollment in an institution of higher |
| 243 | education qualification. Legal residence must be established by |
| 244 | written or electronic verification that includes two or more of |
| 245 | the following Florida documents that demonstrate clear and |
| 246 | convincing evidence of continuous residence in the state for at |
| 247 | least 12 consecutive months prior to the student's initial |
| 248 | enrollment in an institution of higher education: a voter |
| 249 | information card pursuant to s. 97.071; a driver's license; an |
| 250 | identification card issued by the State of Florida; a vehicle |
| 251 | registration; a declaration of domicile; proof of purchase of a |
| 252 | permanent home; a transcript from a Florida high school; a |
| 253 | Florida high school equivalency diploma and transcript; proof of |
| 254 | permanent full-time employment; proof of 12 consecutive months |
| 255 | of payment of utility bills; a domicile lease and proof of 12 |
| 256 | consecutive months of payments; or other official state or court |
| 257 | documents evidencing legal ties to Florida. No single piece of |
| 258 | evidence shall be conclusive. |
| 259 | 2. Every applicant for admission to an institution of |
| 260 | higher education shall be required to make a statement as to his |
| 261 | or her length of residence in the state and, further, shall |
| 262 | establish that his or her presence or, if the applicant is a |
| 263 | dependent child, the presence of his or her parent or parents in |
| 264 | the state currently is, and during the requisite 12-month |
| 265 | qualifying period was, for the purpose of maintaining a bona |
| 266 | fide domicile, rather than for the purpose of maintaining a mere |
| 267 | temporary residence or abode incident to enrollment in an |
| 268 | institution of higher education. |
| 269 | (b) However, with respect to a dependent child living with |
| 270 | an adult relative other than the child's parent, such child may |
| 271 | qualify as a resident for tuition purposes if the adult relative |
| 272 | is a legal resident who has maintained legal residence in this |
| 273 | state for at least 12 consecutive months immediately prior to |
| 274 | the child's initial enrollment in an institution of higher |
| 275 | education qualification, provided the child has resided |
| 276 | continuously with such relative for the 5 years immediately |
| 277 | prior to the child's initial enrollment qualification, during |
| 278 | which time the adult relative has exercised day-to-day care, |
| 279 | supervision, and control of the child. |
| 280 | (c) The legal residence of a dependent child whose parents |
| 281 | are divorced, separated, or otherwise living apart will be |
| 282 | deemed to be this state if either parent is a legal resident of |
| 283 | this state, regardless of which parent is entitled to claim, and |
| 284 | does in fact claim, the minor as a dependent pursuant to federal |
| 285 | individual income tax provisions. |
| 286 | (d) A person who is classified as a nonresident for |
| 287 | tuition purposes may become eligible for reclassification as a |
| 288 | resident for tuition purposes if that person or, if that person |
| 289 | is a dependent child, his or her parent presents clear and |
| 290 | convincing evidence that supports permanent residency in this |
| 291 | state rather than temporary residency for the purpose of |
| 292 | pursuing an education, such as documentation of full-time |
| 293 | permanent employment for the prior 12 months or the purchase of |
| 294 | a home in this state and residence therein for the prior 12 |
| 295 | months. If a person who is a dependent child and his or her |
| 296 | parent move to this state while such child is a high school |
| 297 | student and the child graduates from a high school in this |
| 298 | state, the child may become eligible for reclassification as a |
| 299 | resident for tuition purposes when the parent qualifies for |
| 300 | permanent residency. |
| 301 | (3)(a) An individual shall not be classified as a resident |
| 302 | for tuition purposes and, thus, shall not be eligible to receive |
| 303 | the in-state tuition rate until he or she has provided such |
| 304 | evidence related to legal residence and its duration or, if that |
| 305 | individual is a dependent child, documentation of his or her |
| 306 | parent's legal residence and its duration, as well as |
| 307 | documentation confirming his or her status as a dependent child, |
| 308 | as may be required by law and by officials of the institution of |
| 309 | higher education from which he or she seeks the in-state tuition |
| 310 | rate. The documentation shall provide clear and convincing |
| 311 | evidence that residency in this state was for a minimum of 12 |
| 312 | consecutive months prior to the student's initial enrollment in |
| 313 | an institution of higher education. No single piece of evidence |
| 314 | shall be conclusive. |
| 315 | (b) Each institution of higher learning shall: |
| 316 | 1. Determine whether an applicant who has been granted |
| 317 | admission to that institution is a dependent child. |
| 318 | 2. Affirmatively determine that an applicant who has been |
| 319 | granted admission to that institution as a Florida resident |
| 320 | meets the residency requirements of this section at the time of |
| 321 | initial enrollment. |
| 322 | (4) With respect to a dependent child, the legal residence |
| 323 | of such individual's parent or parents is prima facie evidence |
| 324 | of the individual's legal residence, which evidence may be |
| 325 | reinforced or rebutted, relative to the age and general |
| 326 | circumstances of the individual, by the other evidence of legal |
| 327 | residence required of or presented by the individual. However, |
| 328 | the legal residence of an individual whose parent or parents are |
| 329 | domiciled outside this state is not prima facie evidence of the |
| 330 | individual's legal residence if that individual has lived in |
| 331 | this state for 5 consecutive years prior to enrolling or |
| 332 | reregistering at the institution of higher education at which |
| 333 | resident status for tuition purposes is sought. |
| 334 | (5) In making a domiciliary determination related to the |
| 335 | classification of a person as a resident or nonresident for |
| 336 | tuition purposes, the domicile of a married person, irrespective |
| 337 | of sex, shall be determined, as in the case of an unmarried |
| 338 | person, by reference to all relevant evidence of domiciliary |
| 339 | intent. For the purposes of this section: |
| 340 | (a) A person shall not be precluded from establishing or |
| 341 | maintaining legal residence in this state and subsequently |
| 342 | qualifying or continuing to qualify as a resident for tuition |
| 343 | purposes solely by reason of marriage to a person domiciled |
| 344 | outside this state, even when that person's spouse continues to |
| 345 | be domiciled outside of this state, provided such person |
| 346 | maintains his or her legal residence in this state. |
| 347 | (b) A person shall not be deemed to have established or |
| 348 | maintained a legal residence in this state and subsequently to |
| 349 | have qualified or continued to qualify as a resident for tuition |
| 350 | purposes solely by reason of marriage to a person domiciled in |
| 351 | this state. |
| 352 | (c) In determining the domicile of a married person, |
| 353 | irrespective of sex, the fact of the marriage and the place of |
| 354 | domicile of such person's spouse shall be deemed relevant |
| 355 | evidence to be considered in ascertaining domiciliary intent. |
| 356 | (6) Any nonresident person, irrespective of sex, who |
| 357 | marries a legal resident of this state or marries a person who |
| 358 | later becomes a legal resident may, upon becoming a legal |
| 359 | resident of this state, accede to the benefit of the spouse's |
| 360 | immediately precedent duration as a legal resident for purposes |
| 361 | of satisfying the 12-month durational requirement of this |
| 362 | section. |
| 363 | (7) A person shall not lose his or her resident status for |
| 364 | tuition purposes solely by reason of serving, or, if such person |
| 365 | is a dependent child, by reason of his or her parent's or |
| 366 | parents' serving, in the Armed Forces outside this state. |
| 367 | (8) A person who has been properly classified as a |
| 368 | resident for tuition purposes but who, while enrolled in an |
| 369 | institution of higher education in this state, loses his or her |
| 370 | resident tuition status because the person or, if he or she is a |
| 371 | dependent child, the person's parent or parents establish |
| 372 | domicile or legal residence elsewhere shall continue to enjoy |
| 373 | the in-state tuition rate for a statutory grace period, which |
| 374 | period shall be measured from the date on which the |
| 375 | circumstances arose that culminated in the loss of resident |
| 376 | tuition status and shall continue for 12 months. However, if the |
| 377 | 12-month grace period ends during a semester or academic term |
| 378 | for which such former resident is enrolled, such grace period |
| 379 | shall be extended to the end of that semester or academic term. |
| 380 | (9) Any person who ceases to be enrolled at or who |
| 381 | graduates from an institution of higher education while |
| 382 | classified as a resident for tuition purposes and who |
| 383 | subsequently abandons his or her domicile in this state shall be |
| 384 | permitted to reenroll at an institution of higher education in |
| 385 | this state as a resident for tuition purposes without the |
| 386 | necessity of meeting the 12-month durational requirement of this |
| 387 | section if that person has reestablished his or her domicile in |
| 388 | this state within 12 months of such abandonment and continuously |
| 389 | maintains the reestablished domicile during the period of |
| 390 | enrollment. The benefit of this subsection shall not be accorded |
| 391 | more than once to any one person. |
| 392 | (10) The following persons shall be classified as |
| 393 | residents for tuition purposes: |
| 394 | (a) Active duty members of the Armed Services of the |
| 395 | United States residing or stationed in this state, their |
| 396 | spouses, and dependent children, and active members of the |
| 397 | Florida National Guard who qualify under s. 250.10(7) and (8) |
| 398 | for the tuition assistance program. |
| 399 | (b) Active duty members of the Armed Services of the |
| 400 | United States and their spouses and dependents attending a |
| 401 | public community college or state university within 50 miles of |
| 402 | the military establishment where they are stationed, if such |
| 403 | military establishment is within a county contiguous to Florida. |
| 404 | (c) United States citizens living on the Isthmus of |
| 405 | Panama, who have completed 12 consecutive months of college work |
| 406 | at the Florida State University Panama Canal Branch, and their |
| 407 | spouses and dependent children. |
| 408 | (d) Full-time instructional and administrative personnel |
| 409 | employed by state public schools, community colleges, and |
| 410 | institutions of higher education, as defined in s. 1000.04, and |
| 411 | their spouses and dependent children. |
| 412 | (e) Students from Latin America and the Caribbean who |
| 413 | receive scholarships from the federal or state government. Any |
| 414 | student classified pursuant to this paragraph shall attend, on a |
| 415 | full-time basis, a Florida institution of higher education. |
| 416 | (f) Southern Regional Education Board's Academic Common |
| 417 | Market graduate students attending Florida's state universities. |
| 418 | (g) Full-time employees of state agencies or political |
| 419 | subdivisions of the state when the student fees are paid by the |
| 420 | state agency or political subdivision for the purpose of job- |
| 421 | related law enforcement or corrections training. |
| 422 | (h) McKnight Doctoral Fellows and Finalists who are United |
| 423 | States citizens. |
| 424 | (i) United States citizens living outside the United |
| 425 | States who are teaching at a Department of Defense Dependent |
| 426 | School or in an American International School and who enroll in |
| 427 | a graduate level education program which leads to a Florida |
| 428 | teaching certificate. |
| 429 | (j) Active duty members of the Canadian military residing |
| 430 | or stationed in this state under the North American Air Defense |
| 431 | (NORAD) agreement, and their spouses and dependent children, |
| 432 | attending a community college or state university within 50 |
| 433 | miles of the military establishment where they are stationed. |
| 434 | (k) Active duty members of a foreign nation's military who |
| 435 | are serving as liaison officers and are residing or stationed in |
| 436 | this state, and their spouses and dependent children, attending |
| 437 | a community college or state university within 50 miles of the |
| 438 | military establishment where the foreign liaison officer is |
| 439 | stationed. |
| 440 | (11) The State Board of Education and the Board of |
| 441 | Governors shall adopt rules to implement this section. |
| 442 | Section 6. Subsection (6) of section 1009.22, Florida |
| 443 | Statutes, is amended to read: |
| 444 | 1009.22 Workforce education postsecondary student fees.-- |
| 445 | (6) Each district school board and community college board |
| 446 | of trustees may establish a separate fee for capital |
| 447 | improvements, technology enhancements, or equipping buildings |
| 448 | which may not exceed 5 percent of tuition for resident students |
| 449 | or 5 percent of tuition and out-of-state fees for nonresident |
| 450 | students. Funds collected by community colleges through these |
| 451 | fees may be bonded only for the purpose of financing or |
| 452 | refinancing new construction and equipment, renovation, or |
| 453 | remodeling of educational facilities. The fee shall be collected |
| 454 | as a component part of the tuition and fees, paid into a |
| 455 | separate account, and expended only to construct and equip, |
| 456 | maintain, improve, or enhance the certificate career education |
| 457 | or adult education facilities of the school district or |
| 458 | community college. Projects funded through the use of the |
| 459 | capital improvement fee must meet the survey and construction |
| 460 | requirements of chapter 1013. Pursuant to s. 216.0158, each |
| 461 | district school board and community college board of trustees |
| 462 | shall identify each project, including maintenance projects, |
| 463 | proposed to be funded in whole or in part by such fee. Capital |
| 464 | improvement fee revenues may be pledged by a board of trustees |
| 465 | as a dedicated revenue source to the repayment of debt, |
| 466 | including lease-purchase agreements and revenue bonds, with a |
| 467 | term not to exceed 20 years, and not to exceed the useful life |
| 468 | of the asset being financed, only for the new construction and |
| 469 | equipment, renovation, or remodeling of educational facilities. |
| 470 | Community colleges may use the services of the Division of Bond |
| 471 | Finance of the State Board of Administration to issue any bonds |
| 472 | authorized through the provisions of this subsection. Any such |
| 473 | bonds issued by the Division of Bond Finance shall be in |
| 474 | compliance with the provisions of the State Bond Act. Bonds |
| 475 | issued pursuant to the State Bond Act shall be validated in the |
| 476 | manner provided by chapter 75. The complaint for such validation |
| 477 | shall be filed in the circuit court of the county where the seat |
| 478 | of state government is situated, the notice required to be |
| 479 | published by s. 75.06 shall be published only in the county |
| 480 | where the complaint is filed, and the complaint and order of the |
| 481 | circuit court shall be served only on the state attorney of the |
| 482 | circuit in which the action is pending. A maximum of 15 percent |
| 483 | cents per credit hour may be allocated from the capital |
| 484 | improvement fee for child care centers conducted by the district |
| 485 | school board or community college board of trustees. |
| 486 | Section 7. Subsection (7), paragraphs (a) and (c) of |
| 487 | subsection (8), and subsection (12) of section 1009.23, Florida |
| 488 | Statutes, are amended to read: |
| 489 | 1009.23 Community college student fees.-- |
| 490 | (7) Each community college board of trustees may establish |
| 491 | a separate activity and service fee not to exceed 10 percent of |
| 492 | the tuition fee, according to rules of the State Board of |
| 493 | Education. The student activity and service fee shall be |
| 494 | collected as a component part of the tuition and fees. The |
| 495 | student activity and service fees shall be paid into a student |
| 496 | activity and service fund at the community college and shall be |
| 497 | expended for lawful purposes to benefit the student body in |
| 498 | general. These purposes include, but are not limited to, student |
| 499 | publications and grants to duly recognized student |
| 500 | organizations, the membership of which is open to all students |
| 501 | at the community college without regard to race, sex, or |
| 502 | religion. No community college shall be required to lower any |
| 503 | activity and service fee approved by the board of trustees of |
| 504 | the community college and in effect prior to October 26, 2007, |
| 505 | in order to comply with the provisions of this subsection. |
| 506 | (8)(a) Each community college board of trustees is |
| 507 | authorized to establish a separate fee for financial aid |
| 508 | purposes in an additional amount up to, but not to exceed, 5 |
| 509 | percent of the total student tuition or out-of-state fees |
| 510 | collected. Each community college board of trustees may collect |
| 511 | up to an additional 2 percent if the amount generated by the |
| 512 | total financial aid fee is less than $500,000 $250,000. If the |
| 513 | amount generated is less than $500,000 $250,000, a community |
| 514 | college that charges tuition and out-of-state fees at least |
| 515 | equal to the average fees established by rule may transfer from |
| 516 | the general current fund to the scholarship fund an amount equal |
| 517 | to the difference between $500,000 $250,000 and the amount |
| 518 | generated by the total financial aid fee assessment. No other |
| 519 | transfer from the general current fund to the loan, endowment, |
| 520 | or scholarship fund, by whatever name known, is authorized. |
| 521 | (c) Up to 25 percent or $600,000 $300,000, whichever is |
| 522 | greater, of the financial aid fees collected may be used to |
| 523 | assist students who demonstrate academic merit; who participate |
| 524 | in athletics, public service, cultural arts, and other |
| 525 | extracurricular programs as determined by the institution; or |
| 526 | who are identified as members of a targeted gender or ethnic |
| 527 | minority population. The financial aid fee revenues allocated |
| 528 | for athletic scholarships and fee exemptions provided pursuant |
| 529 | to s. 1009.25(3) for athletes shall be distributed equitably as |
| 530 | required by s. 1000.05(3)(d). A minimum of 75 percent of the |
| 531 | balance of these funds for new awards shall be used to provide |
| 532 | financial aid based on absolute need, and the remainder of the |
| 533 | funds shall be used for academic merit purposes and other |
| 534 | purposes approved by the boards of trustees. Such other purposes |
| 535 | shall include the payment of child care fees for students with |
| 536 | financial need. The State Board of Education shall develop |
| 537 | criteria for making financial aid awards. Each college shall |
| 538 | report annually to the Department of Education on the revenue |
| 539 | collected pursuant to this paragraph, the amount carried |
| 540 | forward, the criteria used to make awards, the amount and number |
| 541 | of awards for each criterion, and a delineation of the |
| 542 | distribution of such awards. The report shall include an |
| 543 | assessment by category of the financial need of every student |
| 544 | who receives an award, regardless of the purpose for which the |
| 545 | award is received. Awards which are based on financial need |
| 546 | shall be distributed in accordance with a nationally recognized |
| 547 | system of need analysis approved by the State Board of |
| 548 | Education. An award for academic merit shall require a minimum |
| 549 | overall grade point average of 3.0 on a 4.0 scale or the |
| 550 | equivalent for both initial receipt of the award and renewal of |
| 551 | the award. |
| 552 | (12)(a) In addition to tuition, out-of-state, financial |
| 553 | aid, capital improvement, student activity and service, and |
| 554 | technology fees authorized in this section, each community |
| 555 | college board of trustees is authorized to establish fee |
| 556 | schedules for the following user fees and fines: laboratory |
| 557 | fees; parking fees and fines; library fees and fines; fees and |
| 558 | fines relating to facilities and equipment use or damage; access |
| 559 | or identification card fees; duplicating, photocopying, binding, |
| 560 | or microfilming fees; standardized testing fees; diploma |
| 561 | replacement fees; transcript fees; application fees; graduation |
| 562 | fees; and late fees related to registration and payment. Such |
| 563 | user fees and fines shall not exceed the cost of the services |
| 564 | provided and shall only be charged to persons receiving the |
| 565 | service. A community college may not charge any fee except as |
| 566 | authorized by law or rules of the State Board of Education. |
| 567 | Parking fee revenues may be pledged by a community college board |
| 568 | of trustees as a dedicated revenue source for the repayment of |
| 569 | debt, including lease-purchase agreements and revenue bonds with |
| 570 | terms not exceeding 20 years and not exceeding the useful life |
| 571 | of the asset being financed. Community colleges shall use the |
| 572 | services of the Division of Bond Finance of the State Board of |
| 573 | Administration to issue any revenue bonds authorized by the |
| 574 | provisions of this subsection. Any such bonds issued by the |
| 575 | Division of Bond Finance shall be in compliance with the |
| 576 | provisions of the State Bond Act. Bonds issued pursuant to the |
| 577 | State Bond Act shall be validated in the manner established in |
| 578 | chapter 75. The complaint for such validation shall be filed in |
| 579 | the circuit court of the county where the seat of state |
| 580 | government is situated, the notice required to be published by |
| 581 | s. 75.06 shall be published only in the county where the |
| 582 | complaint is filed, and the complaint and order of the circuit |
| 583 | court shall be served only on the state attorney of the circuit |
| 584 | in which the action is pending. |
| 585 | (b) The State Board of Education may adopt rules pursuant |
| 586 | to ss. 120.536(1) and 120.54 to administer the provisions of |
| 587 | this subsection. |
| 588 | Section 8. Subsections (4), (7), and (16) of section |
| 589 | 1009.24, Florida Statutes, as amended by chapter 2007-329, Laws |
| 590 | of Florida, are amended to read: |
| 591 | 1009.24 State university student fees.-- |
| 592 | (4)(a)1. Effective January 1, 2008, the resident |
| 593 | undergraduate tuition for lower-level and upper-level coursework |
| 594 | shall be $77.39 per credit hour. |
| 595 | 2.(b) Beginning with the 2008-2009 fiscal year and each |
| 596 | year thereafter, the resident undergraduate tuition per credit |
| 597 | hour shall increase at the beginning of each fall semester at a |
| 598 | rate equal to inflation, unless otherwise provided in the |
| 599 | General Appropriations Act. The Office of Economic and |
| 600 | Demographic Research shall report the rate of inflation to the |
| 601 | President of the Senate, the Speaker of the House of |
| 602 | Representatives, the Governor, and the Board of Governors each |
| 603 | year prior to March 1. For purposes of this subparagraph |
| 604 | paragraph, the rate of inflation shall be defined as the rate of |
| 605 | the 12-month percentage change in the Consumer Price Index for |
| 606 | All Urban Consumers, U.S. City Average, All Items, or successor |
| 607 | reports as reported by the United States Department of Labor, |
| 608 | Bureau of Labor Statistics, or its successor for December of the |
| 609 | previous year. In the event the percentage change is negative, |
| 610 | the resident undergraduate tuition shall remain at the same |
| 611 | level as the prior fiscal year. |
| 612 | 3. The Board of Governors, or the board's designee, may |
| 613 | establish the out-of-state fee for undergraduate courses. The |
| 614 | sum of the undergraduate tuition and the out-of-state fee |
| 615 | assessed to nonresident students for undergraduate courses must |
| 616 | be sufficient to offset the full instructional cost of serving |
| 617 | such students. However, adjustments to the out-of-state fee |
| 618 | pursuant to this subparagraph may not exceed 10 percent in any |
| 619 | year. |
| 620 | (b)(c) The Board of Governors, or the board's designee, |
| 621 | may establish tuition for graduate tuition and professional |
| 622 | programs, and the out-of-state fee fees for graduate-level |
| 623 | courses all programs. The sum of graduate tuition and the out- |
| 624 | of-state fee fees assessed to nonresident students for graduate- |
| 625 | level courses must be sufficient to offset the full |
| 626 | instructional cost of serving such students. However, |
| 627 | adjustments to the out-of-state fee fees or graduate tuition for |
| 628 | graduate and professional programs pursuant to this paragraph |
| 629 | section may not exceed 10 percent in any year. |
| 630 | (c) Each university board of trustees may establish |
| 631 | tuition and the out-of-state fee for each professional program |
| 632 | offered by the university. The sum of tuition and the out-of- |
| 633 | state fee assessed to nonresident students in professional |
| 634 | programs must be sufficient to offset the full instructional |
| 635 | cost of serving such students. Adjustments to tuition or the |
| 636 | out-of-state fee for any student who was enrolled in a |
| 637 | professional program prior to the Fall 2008 term and maintains |
| 638 | continuous enrollment in good academic standing in such program |
| 639 | as determined by the university may not exceed 10 percent in any |
| 640 | year. |
| 641 | (d) The sum of the activity and service, health, and |
| 642 | athletic fees a student is required to pay to register for a |
| 643 | course shall not exceed 40 percent of the tuition established in |
| 644 | law or in the General Appropriations Act. No university shall be |
| 645 | required to lower any fee in effect on the effective date of |
| 646 | this act in order to comply with this paragraph subsection. |
| 647 | Within the 40 percent cap, universities may not increase the |
| 648 | aggregate sum of activity and service, health, and athletic fees |
| 649 | more than 5 percent per year unless specifically authorized in |
| 650 | law or in the General Appropriations Act. A university may |
| 651 | increase its athletic fee to defray the costs associated with |
| 652 | changing National Collegiate Athletic Association divisions. Any |
| 653 | such increase in the athletic fee may exceed both the 40 percent |
| 654 | cap and the 5 percent cap imposed by this paragraph subsection. |
| 655 | Any such increase must be approved by the athletic fee committee |
| 656 | in the process outlined in subsection (12) and cannot exceed $2 |
| 657 | per credit hour. Notwithstanding the provisions of ss. 1009.534, |
| 658 | 1009.535, and 1009.536, that portion of any increase in an |
| 659 | athletic fee pursuant to this paragraph subsection that causes |
| 660 | the sum of the activity and service, health, and athletic fees |
| 661 | to exceed the 40 percent cap or the annual increase in such fees |
| 662 | to exceed the 5 percent cap shall not be included in calculating |
| 663 | the amount a student receives for a Florida Academic Scholars |
| 664 | award, a Florida Medallion Scholars award, or a Florida Gold |
| 665 | Seal Vocational Scholars award. |
| 666 | (e) This subsection does not prohibit a university from |
| 667 | increasing or assessing optional fees related to specific |
| 668 | activities if payment of such fees is not required as a part of |
| 669 | registration for courses. |
| 670 | (7) A university board of trustees is authorized to |
| 671 | collect for financial aid purposes an amount not to exceed 5 |
| 672 | percent of the tuition and the out-of-state fee. The revenues |
| 673 | from fees are to remain at each campus and replace existing |
| 674 | financial aid fees. Such funds shall be disbursed to students as |
| 675 | quickly as possible. A minimum of 75 percent of funds from the |
| 676 | student financial aid fee for new financial aid awards shall be |
| 677 | used to provide financial aid based on absolute need. A student |
| 678 | who has received an award prior to July 1, 1984, shall have his |
| 679 | or her eligibility assessed on the same criteria that were used |
| 680 | at the time of his or her original award. The Board of Governors |
| 681 | shall develop criteria for making financial aid awards. Each |
| 682 | university shall report annually to the Board of Governors and |
| 683 | the Department of Education on the revenue collected pursuant to |
| 684 | this subsection, the amount carried forward, the criteria used |
| 685 | to make awards, the amount and number of awards for each |
| 686 | criterion, and a delineation of the distribution of such awards. |
| 687 | The report shall include an assessment by category of the |
| 688 | financial need of every student who receives an award, |
| 689 | regardless of the purpose for which the award is received. |
| 690 | Awards which are based on financial need shall be distributed in |
| 691 | accordance with a nationally recognized system of need analysis |
| 692 | approved by the Board of Governors. An award for academic merit |
| 693 | shall require a minimum overall grade point average of 3.0 on a |
| 694 | 4.0 scale or the equivalent for both initial receipt of the |
| 695 | award and renewal of the award. |
| 696 | (16) The Board of Governors may establish a uniform |
| 697 | maximum undergraduate tuition differential that does not exceed |
| 698 | 40 percent of tuition for all universities that meet the |
| 699 | criteria for Funding Level 1 under s. 1004.635(3), and may |
| 700 | establish a uniform maximum undergraduate tuition differential |
| 701 | that does not exceed 30 percent of tuition for all universities |
| 702 | that have total research and development expenditures for all |
| 703 | fields of at least $100 million per year as reported annually to |
| 704 | the National Science Foundation meet the criteria for Funding |
| 705 | Level 2 under s. 1004.635(3). However, the board shall ensure |
| 706 | that the maximum tuition differential it establishes for |
| 707 | universities meeting the Funding Level 1 criteria is at least 30 |
| 708 | percent greater than the maximum tuition differential the board |
| 709 | establishes for universities that meet the required Funding |
| 710 | Level 2 criteria for research and development expenditures. The |
| 711 | tuition differential is subject to the following conditions: |
| 712 | (a) The sum of tuition and the tuition differential may |
| 713 | not be increased by more than 15 percent of the total charged |
| 714 | for these fees in the preceding fiscal year. |
| 715 | (b) The tuition differential may not be calculated as a |
| 716 | part of the scholarship programs established in ss. 1009.53- |
| 717 | 1009.537. |
| 718 | (c) Beneficiaries having prepaid tuition contracts |
| 719 | pursuant to s. 1009.98(2)(b) which were in effect on July 1, |
| 720 | 2008 2007, and which remain in effect, are exempt from the |
| 721 | payment of the tuition differential. |
| 722 | (d) The tuition differential may not be charged to any |
| 723 | student who was in attendance at the university before July 1, |
| 724 | 2007, and who maintains continuous enrollment. |
| 725 | (e) The tuition differential may be waived by the |
| 726 | university for students who meet the eligibility requirements |
| 727 | for the Florida public student assistance grant established in |
| 728 | s. 1009.50. |
| 729 | (f) A university board of trustees that has been |
| 730 | authorized by the Board of Governors to establish a tuition |
| 731 | differential pursuant to this subsection may establish the |
| 732 | tuition differential at a rate lower than the maximum tuition |
| 733 | differential established by the board, but may not exceed the |
| 734 | maximum tuition differential established by the board. |
| 735 | (g) The revenue generated from the tuition differential |
| 736 | must be spent solely for improving the quality of direct |
| 737 | undergraduate instruction and support services. |
| 738 | (h) Information relating to the annual receipt and |
| 739 | expenditure of the proceeds from the assessment of the tuition |
| 740 | differential shall be reported by the university in accordance |
| 741 | with guidelines established by the Board of Governors. |
| 742 | Section 9. Subsection (3) of section 1009.25, Florida |
| 743 | Statutes, is amended to read: |
| 744 | 1009.25 Fee exemptions.-- |
| 745 | (3) At the discretion of the community college board of |
| 746 | trustees, each community college is authorized to grant student |
| 747 | fee exemptions from all fees authorized in s. 1009.23 adopted by |
| 748 | the State Board of Education and the community college board of |
| 749 | trustees for up to 0.5 percent of the community college's prior |
| 750 | year fee-paying full-time equivalent students or 54 40 full-time |
| 751 | equivalent students, whichever is greater at each institution. A |
| 752 | "fee-paying student" means a student enrolled in college- |
| 753 | preparatory courses, an associate in arts degree program, an |
| 754 | associate in science degree program, career-preparatory |
| 755 | instruction, an educator preparation institute, or a |
| 756 | baccalaureate degree program. |
| 757 | Section 10. Subsection (1) of section 1009.265, Florida |
| 758 | Statutes, is amended to read: |
| 759 | 1009.265 State employee fee waivers.-- |
| 760 | (1) As a benefit to the employer and employees of the |
| 761 | state, subject to approval by an employee's agency head or the |
| 762 | equivalent, each state university and community college shall |
| 763 | waive tuition and fees for state employees to enroll for up to 6 |
| 764 | credit hours of courses, including distance learning or online |
| 765 | courses, per term on a space-available basis. The employee must |
| 766 | have the approval of his or her supervisor to use the waiver to |
| 767 | take a course or courses during normal work hours. For purposes |
| 768 | of implementing this section, the space available in a course is |
| 769 | to be determined based on the number of seats or capacity |
| 770 | remaining in the course at the end of the drop-add period. State |
| 771 | employee fee waivers may not be used for dissertation, thesis, |
| 772 | directed individual study (DIS), or other one-to-one |
| 773 | instruction. |
| 774 | Section 11. Paragraph (b) of subsection (2) of section |
| 775 | 1009.98, Florida Statutes, is amended to read: |
| 776 | 1009.98 Stanley G. Tate Florida Prepaid College Program.-- |
| 777 | (2) PREPAID COLLEGE PLANS.--At a minimum, the board shall |
| 778 | make advance payment contracts available for two independent |
| 779 | plans to be known as the community college plan and the |
| 780 | university plan. The board may also make advance payment |
| 781 | contracts available for a dormitory residence plan. The board |
| 782 | may restrict the number of participants in the community college |
| 783 | plan, university plan, and dormitory residence plan, |
| 784 | respectively. However, any person denied participation solely on |
| 785 | the basis of such restriction shall be granted priority for |
| 786 | participation during the succeeding year. |
| 787 | (b)1. Through the university plan, the advance payment |
| 788 | contract shall provide prepaid registration fees for a specified |
| 789 | number of undergraduate semester credit hours not to exceed the |
| 790 | average number of hours required for the conference of a |
| 791 | baccalaureate degree. Qualified beneficiaries shall bear the |
| 792 | cost of any laboratory fees associated with enrollment in |
| 793 | specific courses. Each qualified beneficiary shall be classified |
| 794 | as a resident for tuition purposes pursuant to s. 1009.21, |
| 795 | regardless of his or her actual legal residence. |
| 796 | 2. Effective July 1, 1998, the board may provide advance |
| 797 | payment contracts for additional fees delineated in s. |
| 798 | 1009.24(9)-(12)(8)-(11), for a specified number of undergraduate |
| 799 | semester credit hours not to exceed the average number of hours |
| 800 | required for the conference of a baccalaureate degree, in |
| 801 | conjunction with advance payment contracts for registration |
| 802 | fees. Such contracts shall provide prepaid coverage for the sum |
| 803 | of such fees, to a maximum of 45 percent of the cost of |
| 804 | registration fees. University plan contracts purchased prior to |
| 805 | July 1, 1998, shall be limited to the payment of registration |
| 806 | fees as defined in s. 1009.97. |
| 807 | 3. Effective July 1, 2007, the board may provide advance |
| 808 | payment contracts for the tuition differential authorized in s. |
| 809 | 1009.24(16)(15) for a specified number of undergraduate semester |
| 810 | credit hours, which may not exceed the average number of hours |
| 811 | required for the conference of a baccalaureate degree, in |
| 812 | conjunction with advance payment contracts for registration |
| 813 | fees. |
| 814 | Section 12. Subsection (5) of section 1011.48, Florida |
| 815 | Statutes, is amended to read: |
| 816 | 1011.48 Establishment of educational research centers for |
| 817 | child development.-- |
| 818 | (5) Each educational research center for child development |
| 819 | shall be funded by a portion of the Capital Improvement Trust |
| 820 | Fund fee established by the Board of Governors pursuant to s. |
| 821 | 1009.24(8)(7). Each university that establishes a center shall |
| 822 | receive a portion of such fees collected from the students |
| 823 | enrolled at that university, usable only at that university, |
| 824 | equal to 22.5 cents per student per credit hour taken per term, |
| 825 | based on the summer term and fall and spring semesters. This |
| 826 | allocation shall be used by the university only for the |
| 827 | establishment and operation of a center as provided by this |
| 828 | section and rules adopted hereunder. Said allocation may be made |
| 829 | only after all bond obligations required to be paid from such |
| 830 | fees have been met. |
| 831 | Section 13. Section 196.192, Florida Statutes, is amended |
| 832 | to read: |
| 833 | 196.192 Exemptions from ad valorem taxation.--Subject to |
| 834 | the provisions of this chapter: |
| 835 | (1) All property owned by an exempt entity, including |
| 836 | educational institutions, and used exclusively for exempt |
| 837 | purposes shall be totally exempt from ad valorem taxation. |
| 838 | (2) All property owned by an exempt entity, including |
| 839 | educational institutions, and used predominantly for exempt |
| 840 | purposes shall be exempted from ad valorem taxation to the |
| 841 | extent of the ratio that such predominant use bears to the |
| 842 | nonexempt use. |
| 843 | (3) All tangible personal property loaned or leased by a |
| 844 | natural person, by a trust holding property for a natural |
| 845 | person, or by an exempt entity to an exempt entity for public |
| 846 | display or exhibition on a recurrent schedule is exempt from ad |
| 847 | valorem taxation if the property is loaned or leased for no |
| 848 | consideration or for nominal consideration. |
| 849 |
|
| 850 | For purposes of this section, each use to which the property is |
| 851 | being put must be considered in granting an exemption from ad |
| 852 | valorem taxation, including any economic use in addition to any |
| 853 | physical use. For purposes of this section, property owned by a |
| 854 | limited liability company, the sole member of which is an exempt |
| 855 | entity, shall be treated as if the property were owned directly |
| 856 | by the exempt entity. This section does not apply in determining |
| 857 | the exemption for property owned by governmental units pursuant |
| 858 | to s. 196.199. |
| 859 | Section 14. This act shall take effect July 1, 2008. |