Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1292
       
       
       
       
       
       
                                Ì5790900Î579090                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/22/2014           .                                
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       The Committee on Appropriations (Bradley) recommended the
       following:
       
    1         Senate Substitute for Amendment (824504) (with title
    2  amendment)
    3  
    4         Delete lines 368 - 410
    5  and insert:
    6         Section 6. Paragraphs (c) through (g) of subsection (3) of
    7  section 1009.22, Florida Statutes, are amended to read:
    8         1009.22 Workforce education postsecondary student fees.—
    9         (3)
   10         (c) Unless otherwise provided in the General Appropriations
   11  Act, effective July 1, 2014 2011, for programs leading to a
   12  career certificate or an applied technology diploma, the
   13  standard tuition shall be $2.33 $2.22 per contact hour for
   14  residents and nonresidents and the out-of-state fee shall be
   15  $6.99 $6.66 per contact hour. For adult general education
   16  programs, a block tuition of $45 per half year or $30 per term
   17  shall be assessed for residents and nonresidents, and the out
   18  of-state fee shall be $135 per half year or $90 per term. Each
   19  district school board and Florida College System institution
   20  board of trustees shall adopt policies and procedures for the
   21  collection of and accounting for the expenditure of the block
   22  tuition. All funds received from the block tuition shall be used
   23  only for adult general education programs. Students enrolled in
   24  adult general education programs may not be assessed the fees
   25  authorized in subsection (5), subsection (6), or subsection (7).
   26         (d) Beginning with the 2008-2009 fiscal year and each year
   27  thereafter, the tuition and the out-of-state fee per contact
   28  hour shall increase at the beginning of each fall semester at a
   29  rate equal to inflation, unless otherwise provided in the
   30  General Appropriations Act. The Office of Economic and
   31  Demographic Research shall report the rate of inflation to the
   32  President of the Senate, the Speaker of the House of
   33  Representatives, the Governor, and the State Board of Education
   34  each year prior to March 1. For purposes of this paragraph, the
   35  rate of inflation shall be defined as the rate of the 12-month
   36  percentage change in the Consumer Price Index for All Urban
   37  Consumers, U.S. City Average, All Items, or successor reports as
   38  reported by the United States Department of Labor, Bureau of
   39  Labor Statistics, or its successor for December of the previous
   40  year. In the event the percentage change is negative, the
   41  tuition and out-of-state fee shall remain at the same level as
   42  the prior fiscal year.
   43         (d)(e) Each district school board and each Florida College
   44  System institution board of trustees may adopt tuition and out
   45  of-state fees that may vary no more than 5 percent below and 5
   46  percent above the combined total of the standard tuition and
   47  out-of-state fees established in paragraph (c).
   48         (e)(f) The maximum increase in resident tuition for any
   49  school district or Florida College System institution during the
   50  2007-2008 fiscal year shall be 5 percent over the tuition
   51  charged during the 2006-2007 fiscal year.
   52         (f)(g) The State Board of Education may adopt, by rule, the
   53  definitions and procedures that district school boards and
   54  Florida College System institution boards of trustees shall use
   55  in the calculation of cost borne by students.
   56         Section 7. Subsection (3), paragraph (a) of subsection
   57  (16), and subsection (17) of section 1009.23, Florida Statutes,
   58  are amended to read:
   59         1009.23 Florida College System institution student fees.—
   60         (3)(a) Unless otherwise provided in the General
   61  Appropriations Act, effective July 1, 2014 2011, for advanced
   62  and professional, postsecondary vocational, developmental
   63  education, and educator preparation institute programs, the
   64  standard tuition shall be $71.98 $68.56 per credit hour for
   65  residents and nonresidents, and the out-of-state fee shall be
   66  $215.94 $205.82 per credit hour.
   67         (b) Unless otherwise provided in the General Appropriations
   68  Act, effective July 1, 2014 2011, for baccalaureate degree
   69  programs, the following tuition and fee rates shall apply:
   70         1. The tuition shall be $91.79 $87.42 per credit hour for
   71  students who are residents for tuition purposes.
   72         2. The sum of the tuition and the out-of-state fee per
   73  credit hour for students who are nonresidents for tuition
   74  purposes shall be no more than 85 percent of the sum of the
   75  tuition and the out-of-state fee at the state university nearest
   76  the Florida College System institution.
   77         (c) Beginning with the 2008-2009 fiscal year and each year
   78  thereafter, the tuition and the out-of-state fee shall increase
   79  at the beginning of each fall semester at a rate equal to
   80  inflation, unless otherwise provided in the General
   81  Appropriations Act. The Office of Economic and Demographic
   82  Research shall report the rate of inflation to the President of
   83  the Senate, the Speaker of the House of Representatives, the
   84  Governor, and the State Board of Education each year prior to
   85  March 1. For purposes of this paragraph, the rate of inflation
   86  shall be defined as the rate of the 12-month percentage change
   87  in the Consumer Price Index for All Urban Consumers, U.S. City
   88  Average, All Items, or successor reports as reported by the
   89  United States Department of Labor, Bureau of Labor Statistics,
   90  or its successor for December of the previous year. In the event
   91  the percentage change is negative, the tuition and the out-of
   92  state fee per credit hour shall remain at the same levels as the
   93  prior fiscal year.
   94         (16)(a) Each Florida College System institution may assess
   95  a student who enrolls in a course listed in the distance
   96  learning catalog, established pursuant to s. 1006.735 s.
   97  1006.73, a per-credit-hour distance learning course user fee.
   98  For purposes of assessing this fee, a distance learning course
   99  is a course in which at least 80 percent of the direct
  100  instruction of the course is delivered using some form of
  101  technology when the student and instructor are separated by time
  102  or space, or both.
  103         (17) Each Florida College System institution that accepts
  104  transient students, pursuant to s. 1006.735 s. 1006.73, may
  105  establish a transient student fee not to exceed $5 per course
  106  for processing the transient student admissions application.
  107         Section 8. Paragraphs (a), (b), and (e) of subsection (4),
  108  paragraph (t) of subsection (14), paragraph (b) of subsection
  109  (16), and paragraph (a) of subsection (17) of section 1009.24,
  110  Florida Statutes, are amended, to read:
  111         1009.24 State university student fees.—
  112         (4)(a) Unless otherwise provided in the General
  113  Appropriations Act, effective July 1, 2014 2011, the resident
  114  undergraduate tuition for lower-level and upper-level coursework
  115  shall be $105.07 $103.32 per credit hour.
  116         (b) Beginning with the 2008-2009 fiscal year and each year
  117  thereafter, the resident undergraduate tuition per credit hour
  118  shall increase at the beginning of each fall semester at a rate
  119  equal to inflation, unless otherwise provided in the General
  120  Appropriations Act. The Office of Economic and Demographic
  121  Research shall report the rate of inflation to the President of
  122  the Senate, the Speaker of the House of Representatives, the
  123  Governor, and the Board of Governors each year prior to March 1.
  124  For purposes of this paragraph, the rate of inflation shall be
  125  defined as the rate of the 12-month percentage change in the
  126  Consumer Price Index for All Urban Consumers, U.S. City Average,
  127  All Items, or successor reports as reported by the United States
  128  Department of Labor, Bureau of Labor Statistics, or its
  129  successor for December of the previous year. In the event the
  130  percentage change is negative, the resident undergraduate
  131  tuition shall remain at the same level as the prior fiscal year.
  132         (d)(e) The sum of the activity and service, health, and
  133  athletic fees a student is required to pay to register for a
  134  course may shall not exceed 40 percent of the tuition
  135  established in law or in the General Appropriations Act. No
  136  university shall be required to lower any fee in effect on the
  137  effective date of this act in order to comply with this
  138  subsection. Within the 40 percent cap, universities may not
  139  increase the aggregate sum of activity and service, health, and
  140  athletic fees more than 5 percent per year, or the same
  141  percentage increase in tuition authorized under paragraph (a)
  142  (b), whichever is greater, unless specifically authorized in law
  143  or in the General Appropriations Act. A university may increase
  144  its athletic fee to defray the costs associated with changing
  145  National Collegiate Athletic Association divisions. Any such
  146  increase in the athletic fee may exceed both the 40 percent cap
  147  and the 5 percent cap imposed by this subsection. Any such
  148  increase must be approved by the athletic fee committee in the
  149  process outlined in subsection (12) and may not cannot exceed $2
  150  per credit hour. Notwithstanding the provisions of ss. 1009.534,
  151  1009.535, and 1009.536, that portion of any increase in an
  152  athletic fee pursuant to this subsection which that causes the
  153  sum of the activity and service, health, and athletic fees to
  154  exceed the 40 percent cap or the annual increase in such fees to
  155  exceed the 5 percent cap may shall not be included in
  156  calculating the amount a student receives for a Florida Academic
  157  Scholars award, a Florida Medallion Scholars award, or a Florida
  158  Gold Seal Vocational Scholars award. Notwithstanding this
  159  paragraph and subject to approval by the board of trustees, each
  160  state university may is authorized to exceed the 5 percent 5
  161  percent cap on the annual increase to the aggregate sum of
  162  activity and service, health, and athletic fees for the 2010
  163  2011 fiscal year. Any such increase may shall not exceed 15
  164  percent or the amount required to reach the 2009-2010 fiscal
  165  year statewide average for the aggregate sum of activity and
  166  service, health, and athletic fees at the main campuses,
  167  whichever is greater. The aggregate sum of the activity and
  168  service, health, and athletic fees may shall not exceed 40
  169  percent of tuition. Any increase in the activity and service
  170  fee, health fee, or athletic fee must be approved by the
  171  appropriate fee committee pursuant to subsection (10),
  172  subsection (11), or subsection (12).
  173         (14) Except as otherwise provided in subsection (15), each
  174  university board of trustees is authorized to establish the
  175  following fees:
  176         (t) A transient student fee that may not exceed $5 per
  177  course for accepting a transient student and processing the
  178  transient student admissions application pursuant to s. 1006.735
  179  s. 1006.73.
  180  
  181  With the exception of housing rental rates and except as
  182  otherwise provided, fees assessed pursuant to paragraphs (h)-(s)
  183  shall be based on reasonable costs of services. The Board of
  184  Governors shall adopt regulations and timetables necessary to
  185  implement the fees and fines authorized under this subsection.
  186  The fees assessed under this subsection may be used for debt
  187  only as authorized under s. 1010.62.
  188         (16) Each university board of trustees may establish a
  189  tuition differential for undergraduate courses upon receipt of
  190  approval from the Board of Governors. The tuition differential
  191  shall promote improvements in the quality of undergraduate
  192  education and shall provide financial aid to undergraduate
  193  students who exhibit financial need.
  194         (b) Each tuition differential is subject to the following
  195  conditions:
  196         1. The tuition differential may be assessed on one or more
  197  undergraduate courses or on all undergraduate courses at a state
  198  university.
  199         2. The tuition differential may vary by course or courses,
  200  campus or center location, and by institution. Each university
  201  board of trustees shall strive to maintain and increase
  202  enrollment in degree programs related to math, science, high
  203  technology, and other state or regional high-need fields when
  204  establishing tuition differentials by course.
  205         3. For each state university that has total research and
  206  development expenditures for all fields of at least $100 million
  207  per year as reported annually to the National Science
  208  Foundation, the aggregate sum of tuition and the tuition
  209  differential may not be increased by no more than 6 15 percent
  210  of the total charged for the aggregate sum of these fees in the
  211  preceding fiscal year. For each state university that has total
  212  research and development expenditures for all fields of less
  213  than $100 million per year as reported annually to the National
  214  Science Foundation, the aggregate sum of tuition and the tuition
  215  differential may not be increased by more than 6 15 percent of
  216  the total charged for the aggregate sum of these fees in the
  217  preceding fiscal year.
  218         4. The aggregate sum of undergraduate tuition and fees per
  219  credit hour, including the tuition differential, may not exceed
  220  the national average of undergraduate tuition and fees at 4-year
  221  degree-granting public postsecondary educational institutions.
  222         5. The tuition differential may shall not be included in
  223  any award under the Florida Bright Futures Scholarship Program
  224  established pursuant to ss. 1009.53-1009.538.
  225         6. Beneficiaries having prepaid tuition contracts pursuant
  226  to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
  227  which remain in effect, are exempt from the payment of the
  228  tuition differential.
  229         7. The tuition differential may not be charged to any
  230  student who was in attendance at the university before July 1,
  231  2007, and who maintains continuous enrollment.
  232         8. The tuition differential may be waived by the university
  233  for students who meet the eligibility requirements for the
  234  Florida public student assistance grant established in s.
  235  1009.50.
  236         9. Subject to approval by the Board of Governors, the
  237  tuition differential authorized pursuant to this subsection may
  238  take effect with the 2009 fall term.
  239         (17)(a) A state university may assess a student who enrolls
  240  in a course listed in the distance learning catalog, established
  241  pursuant to s. 1006.735 s. 1006.73, a per-credit-hour distance
  242  learning course fee. For purposes of assessing this fee, a
  243  distance learning course is a course in which at least 80
  244  percent of the direct instruction of the course is delivered
  245  using some form of technology when the student and instructor
  246  are separated by time or space, or both.
  247         Section 9. Subsection (10) of section 1009.98, Florida
  248  Statutes, is amended to read:
  249         1009.98 Stanley G. Tate Florida Prepaid College Program.—
  250         (10) PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.—
  251         (a) As used in this subsection, the term:
  252         1. “Actuarial reserve” means the amount by which the
  253  expected value of the assets exceeds exceed the expected value
  254  of the liabilities of the trust fund.
  255         2. “Dormitory fees” means the fees included under advance
  256  payment contracts pursuant to paragraph (2)(d).
  257         3. “Fiscal year” means the fiscal year of the state
  258  pursuant to s. 215.01.
  259         4. “Local fees” means the fees covered by an advance
  260  payment contract provided pursuant to subparagraph (2)(b)2.
  261         5. “Tuition differential” means the fee covered by advance
  262  payment contracts sold pursuant to subparagraph (2)(b)3. The
  263  base rate for the tuition differential fee for the 2012-2013
  264  fiscal year is established at $37.03 per credit hour. The base
  265  rate for the tuition differential in subsequent years is the
  266  amount assessed paid by the board for the tuition differential
  267  for the preceding year adjusted pursuant to subparagraph (b)2.
  268         (b) Effective with the 2009-2010 academic year and
  269  thereafter, and notwithstanding the provisions of s. 1009.24,
  270  the amount paid by the board to any state university on behalf
  271  of a qualified beneficiary of an advance payment contract whose
  272  contract was purchased before July 1, 2024 2009, shall be:
  273         1. As to registration fees, if the actuarial reserve is
  274  less than 5 percent of the expected liabilities of the trust
  275  fund, the board shall pay the state universities 5.5 percent
  276  above the amount assessed for registration fees in the preceding
  277  fiscal year. If the actuarial reserve is between 5 percent and 6
  278  percent of the expected liabilities of the trust fund, the board
  279  shall pay the state universities 6 percent above the amount
  280  assessed for registration fees in the preceding fiscal year. If
  281  the actuarial reserve is between 6 percent and 7.5 percent of
  282  the expected liabilities of the trust fund, the board shall pay
  283  the state universities 6.5 percent above the amount assessed for
  284  registration fees in the preceding fiscal year. If the actuarial
  285  reserve is equal to or greater than 7.5 percent of the expected
  286  liabilities of the trust fund, the board shall pay the state
  287  universities 7 percent above the amount assessed for
  288  registration fees in the preceding fiscal year, whichever is
  289  greater.
  290         2. As to the tuition differential, if the actuarial reserve
  291  is less than 5 percent of the expected liabilities of the trust
  292  fund, the board shall pay the state universities 5.5 percent
  293  above the base rate for the tuition differential fee in the
  294  preceding fiscal year. If the actuarial reserve is between 5
  295  percent and 6 percent of the expected liabilities of the trust
  296  fund, the board shall pay the state universities 6 percent above
  297  the base rate for the tuition differential fee in the preceding
  298  fiscal year. If the actuarial reserve is between 6 percent and
  299  7.5 percent of the expected liabilities of the trust fund, the
  300  board shall pay the state universities 6.5 percent above the
  301  base rate for the tuition differential fee in the preceding
  302  fiscal year. If the actuarial reserve is equal to or greater
  303  than 7.5 percent of the expected liabilities of the trust fund,
  304  the board shall pay the state universities 7 percent above the
  305  base rate for the tuition differential fee in the preceding
  306  fiscal year.
  307         3. As to local fees, the board shall pay the state
  308  universities 5 percent above the amount assessed for local fees
  309  in the preceding fiscal year.
  310         4. As to dormitory fees, the board shall pay the state
  311  universities 6 percent above the amount assessed for dormitory
  312  fees in the preceding fiscal year.
  313         5. Qualified beneficiaries of advance payment contracts
  314  purchased before July 1, 2007, are exempt from paying any
  315  tuition differential fee.
  316         (c)Notwithstanding the amount assessed for registration
  317  fees, the tuition differential fee, or local fees, the amount
  318  paid by the board to any state university on behalf of a
  319  qualified beneficiary of an advance payment contract purchased
  320  before July 1, 2024, may not exceed 100 percent of the amount
  321  charged by the state university for the aggregate sum of those
  322  fees.
  323         (d) Notwithstanding the amount assessed for dormitory fees,
  324  the amount paid by the board to any state university on behalf
  325  of a qualified beneficiary of an advance payment contract
  326  purchased before July 1, 2024, may not exceed 100 percent of the
  327  amount charged by the state university for dormitory fees.
  328         (e)(c) The board shall pay state universities the actual
  329  amount assessed in accordance with law for registration fees,
  330  the tuition differential, local fees, and dormitory fees for
  331  advance payment contracts purchased on or after July 1, 2024
  332  2009.
  333         (f)(d) The board shall annually evaluate or cause to be
  334  evaluated the actuarial soundness of the trust fund.
  335         Section 10. Subsection (10) of section 1011.80, Florida
  336  Statutes, is amended to read:
  337         1011.80 Funds for operation of workforce education
  338  programs.—
  339         (10) A high school student dually enrolled under s.
  340  1007.271 in a workforce education program operated by a Florida
  341  College System institution or school district career center
  342  generates the amount calculated for workforce education funding,
  343  including any payment of performance funding, and the
  344  proportional share of full-time equivalent enrollment generated
  345  through the Florida Education Finance Program for the student’s
  346  enrollment in a high school. If a high school student is dually
  347  enrolled in a Florida College System institution program,
  348  including a program conducted at a high school, the Florida
  349  College System institution earns the funds generated for
  350  workforce education funding, and the school district earns the
  351  proportional share of full-time equivalent funding from the
  352  Florida Education Finance Program. If a student is dually
  353  enrolled in a career center operated by the same district as the
  354  district in which the student attends high school, that district
  355  earns the funds generated for workforce education funding and
  356  also earns the proportional share of full-time equivalent
  357  funding from the Florida Education Finance Program. If a student
  358  is dually enrolled in a workforce education program provided by
  359  a career center operated by a different school district, the
  360  funds must be divided between the two school districts
  361  proportionally from the two funding sources. A student may not
  362  be reported for funding in a dual enrollment workforce education
  363  program unless the student has completed the basic skills
  364  assessment pursuant to s. 1004.91. A student who is coenrolled
  365  in a K-12 education program and an adult education program may
  366  be reported for purposes of funding in an adult education
  367  program. If a student is coenrolled in core curricula courses
  368  for credit recovery or dropout prevention purposes and does not
  369  have a pattern of excessive absenteeism or habitual truancy or a
  370  history of disruptive behavior in school, the student may be
  371  reported for funding for up to two courses per year. Such a
  372  student is exempt from the payment of the block tuition for
  373  adult general education programs provided in s. 1009.22(3)(c) s.
  374  1009.22(3)(d). The Department of Education shall develop a list
  375  of courses to be designated as core curricula courses for the
  376  purposes of coenrollment.
  377  
  378  ================= T I T L E  A M E N D M E N T ================
  379  And the title is amended as follows:
  380         Delete lines 35 - 37
  381  and insert:
  382         deleting an obsolete provision; amending s. 1007.01,
  383         F.S.; conforming a cross-reference; amending s.
  384         1009.22, F.S.; revising the standard tuition and out
  385         of-state fees for workforce education postsecondary
  386         programs leading to certain certificates and diplomas
  387         at Florida College System institutions; deleting a
  388         provision relating to an increase in tuition and out
  389         of-state fees at a rate equal to inflation; deleting a
  390         requirement that the Office of Economic and
  391         Demographic Research annually report the rate of
  392         inflation to the Governor, the Legislature, and the
  393         State Board of Education; deleting the definition of
  394         the term “rate of inflation”; amending s. 1009.23,
  395         F.S.; revising the standard tuition and out-of-state
  396         fees for certain programs at Florida College System
  397         institutions; deleting a provision relating to an
  398         increase in tuition and out-of-state fees at a rate
  399         equal to inflation; deleting a requirement that the
  400         Office of Economic and Demographic Research annually
  401         report the rate of inflation to the Governor, the
  402         Legislature, and the State Board of Education;
  403         deleting the definition of the term “rate of
  404         inflation”; conforming cross-references; amending s.
  405         1009.24, F.S.; revising the resident undergraduate
  406         tuition for lower-level and upper-level coursework;
  407         deleting a provision related to an increase of the
  408         resident undergraduate tuition at state universities
  409         at a rate equal to inflation; deleting the requirement
  410         of the Office of Economic and Demographic Research to
  411         annually report the rate of inflation to the Governor,
  412         the Legislature, and the Board of Governors; deleting
  413         the definition of the term “rate of inflation”;
  414         conforming provisions to changes made by the act;
  415         conforming a cross-reference; authorizing a state
  416         university board of trustees to increase the aggregate
  417         sum of tuition and tuition differential for up to 6
  418         percent of the total charged for the aggregate sum of
  419         such fees in the preceding year; conforming a cross
  420         reference; amending s. 1009.98, F.S.; redefining the
  421         term “tuition differential”; revising the purchase
  422         date of an advance payment contract as it relates to
  423         the amount paid by the Florida Prepaid College Board
  424         to a state university on behalf of a qualified
  425         beneficiary; prohibiting the amount of the aggregate
  426         sum of registration fees, the tuition differential
  427         fee, or local fees paid by the board to a state
  428         university on behalf of a qualified beneficiary of an
  429         advance payment contract from exceeding a certain
  430         percentage of the amount charged by the state
  431         university for the aggregate sum of those fees;
  432         prohibiting the amount of the dormitory fees paid for
  433         by the board to a state university on behalf of a
  434         qualified beneficiary of an advance payment contract
  435         from exceeding a certain percentage of the amount
  436         charged by the state university for those fees;
  437         conforming provisions to changes made by the act;
  438         amending s. 1011.80, F.S.; conforming a cross
  439         reference; providing an effective date.