Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. PCS (672552) for SB 1394
       
       
       
       
       
       
                                Ì944838QÎ944838                         
       
                              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 (601364) (with title
    2  amendment)
    3  
    4         Delete line 44
    5  and insert:
    6         Section 3. 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 4. Subsection (3) of section 1009.23, Florida
   57  Statutes, is amended to read:
   58         1009.23 Florida College System institution student fees.—
   59         (3)(a) Unless otherwise provided in the General
   60  Appropriations Act, effective July 1, 2014 2011, for advanced
   61  and professional, postsecondary vocational, developmental
   62  education, and educator preparation institute programs, the
   63  standard tuition shall be $71.98 $68.56 per credit hour for
   64  residents and nonresidents, and the out-of-state fee shall be
   65  $215.94 $205.82 per credit hour.
   66         (b) Unless otherwise provided in the General Appropriations
   67  Act, effective July 1, 2014 2011, for baccalaureate degree
   68  programs, the following tuition and fee rates shall apply:
   69         1. The tuition shall be $91.79 $87.42 per credit hour for
   70  students who are residents for tuition purposes.
   71         2. The sum of the tuition and the out-of-state fee per
   72  credit hour for students who are nonresidents for tuition
   73  purposes shall be no more than 85 percent of the sum of the
   74  tuition and the out-of-state fee at the state university nearest
   75  the Florida College System institution.
   76         (c) Beginning with the 2008-2009 fiscal year and each year
   77  thereafter, the tuition and the out-of-state fee shall increase
   78  at the beginning of each fall semester at a rate equal to
   79  inflation, unless otherwise provided in the General
   80  Appropriations Act. The Office of Economic and Demographic
   81  Research shall report the rate of inflation to the President of
   82  the Senate, the Speaker of the House of Representatives, the
   83  Governor, and the State Board of Education each year prior to
   84  March 1. For purposes of this paragraph, the rate of inflation
   85  shall be defined as the rate of the 12-month percentage change
   86  in the Consumer Price Index for All Urban Consumers, U.S. City
   87  Average, All Items, or successor reports as reported by the
   88  United States Department of Labor, Bureau of Labor Statistics,
   89  or its successor for December of the previous year. In the event
   90  the percentage change is negative, the tuition and the out-of
   91  state fee per credit hour shall remain at the same levels as the
   92  prior fiscal year.
   93         Section 5. Paragraphs (a), (b), and (e) of subsection (4)
   94  and paragraph (b) of subsection (16) of section 1009.24, Florida
   95  Statutes, are amended, to read:
   96         1009.24 State university student fees.—
   97         (4)(a) Unless otherwise provided in the General
   98  Appropriations Act, effective July 1, 2014 2011, the resident
   99  undergraduate tuition for lower-level and upper-level coursework
  100  shall be $105.07 $103.32 per credit hour.
  101         (b) Beginning with the 2008-2009 fiscal year and each year
  102  thereafter, the resident undergraduate tuition per credit hour
  103  shall increase at the beginning of each fall semester at a rate
  104  equal to inflation, unless otherwise provided in the General
  105  Appropriations Act. The Office of Economic and Demographic
  106  Research shall report the rate of inflation to the President of
  107  the Senate, the Speaker of the House of Representatives, the
  108  Governor, and the Board of Governors each year prior to March 1.
  109  For purposes of this paragraph, the rate of inflation shall be
  110  defined as the rate of the 12-month percentage change in the
  111  Consumer Price Index for All Urban Consumers, U.S. City Average,
  112  All Items, or successor reports as reported by the United States
  113  Department of Labor, Bureau of Labor Statistics, or its
  114  successor for December of the previous year. In the event the
  115  percentage change is negative, the resident undergraduate
  116  tuition shall remain at the same level as the prior fiscal year.
  117         (d)(e) The sum of the activity and service, health, and
  118  athletic fees a student is required to pay to register for a
  119  course may shall not exceed 40 percent of the tuition
  120  established in law or in the General Appropriations Act. No
  121  university shall be required to lower any fee in effect on the
  122  effective date of this act in order to comply with this
  123  subsection. Within the 40 percent cap, universities may not
  124  increase the aggregate sum of activity and service, health, and
  125  athletic fees more than 5 percent per year, or the same
  126  percentage increase in tuition authorized under paragraph (a)
  127  (b), whichever is greater, unless specifically authorized in law
  128  or in the General Appropriations Act. A university may increase
  129  its athletic fee to defray the costs associated with changing
  130  National Collegiate Athletic Association divisions. Any such
  131  increase in the athletic fee may exceed both the 40 percent cap
  132  and the 5 percent cap imposed by this subsection. Any such
  133  increase must be approved by the athletic fee committee in the
  134  process outlined in subsection (12) and may not cannot exceed $2
  135  per credit hour. Notwithstanding the provisions of ss. 1009.534,
  136  1009.535, and 1009.536, that portion of any increase in an
  137  athletic fee pursuant to this subsection which that causes the
  138  sum of the activity and service, health, and athletic fees to
  139  exceed the 40 percent cap or the annual increase in such fees to
  140  exceed the 5 percent cap may shall not be included in
  141  calculating the amount a student receives for a Florida Academic
  142  Scholars award, a Florida Medallion Scholars award, or a Florida
  143  Gold Seal Vocational Scholars award. Notwithstanding this
  144  paragraph and subject to approval by the board of trustees, each
  145  state university may is authorized to exceed the 5 percent 5
  146  percent cap on the annual increase to the aggregate sum of
  147  activity and service, health, and athletic fees for the 2010
  148  2011 fiscal year. Any such increase may shall not exceed 15
  149  percent or the amount required to reach the 2009-2010 fiscal
  150  year statewide average for the aggregate sum of activity and
  151  service, health, and athletic fees at the main campuses,
  152  whichever is greater. The aggregate sum of the activity and
  153  service, health, and athletic fees may shall not exceed 40
  154  percent of tuition. Any increase in the activity and service
  155  fee, health fee, or athletic fee must be approved by the
  156  appropriate fee committee pursuant to subsection (10),
  157  subsection (11), or subsection (12).
  158         (16) Each university board of trustees may establish a
  159  tuition differential for undergraduate courses upon receipt of
  160  approval from the Board of Governors. The tuition differential
  161  shall promote improvements in the quality of undergraduate
  162  education and shall provide financial aid to undergraduate
  163  students who exhibit financial need.
  164         (b) Each tuition differential is subject to the following
  165  conditions:
  166         1. The tuition differential may be assessed on one or more
  167  undergraduate courses or on all undergraduate courses at a state
  168  university.
  169         2. The tuition differential may vary by course or courses,
  170  campus or center location, and by institution. Each university
  171  board of trustees shall strive to maintain and increase
  172  enrollment in degree programs related to math, science, high
  173  technology, and other state or regional high-need fields when
  174  establishing tuition differentials by course.
  175         3. For each state university that has total research and
  176  development expenditures for all fields of at least $100 million
  177  per year as reported annually to the National Science
  178  Foundation, the aggregate sum of tuition and the tuition
  179  differential may not be increased by no more than 6 15 percent
  180  of the total charged for the aggregate sum of these fees in the
  181  preceding fiscal year. For each state university that has total
  182  research and development expenditures for all fields of less
  183  than $100 million per year as reported annually to the National
  184  Science Foundation, the aggregate sum of tuition and the tuition
  185  differential may not be increased by more than 6 15 percent of
  186  the total charged for the aggregate sum of these fees in the
  187  preceding fiscal year.
  188         4. The aggregate sum of undergraduate tuition and fees per
  189  credit hour, including the tuition differential, may not exceed
  190  the national average of undergraduate tuition and fees at 4-year
  191  degree-granting public postsecondary educational institutions.
  192         5. The tuition differential may shall not be included in
  193  any award under the Florida Bright Futures Scholarship Program
  194  established pursuant to ss. 1009.53-1009.538.
  195         6. Beneficiaries having prepaid tuition contracts pursuant
  196  to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
  197  which remain in effect, are exempt from the payment of the
  198  tuition differential.
  199         7. The tuition differential may not be charged to any
  200  student who was in attendance at the university before July 1,
  201  2007, and who maintains continuous enrollment.
  202         8. The tuition differential may be waived by the university
  203  for students who meet the eligibility requirements for the
  204  Florida public student assistance grant established in s.
  205  1009.50.
  206         9. Subject to approval by the Board of Governors, the
  207  tuition differential authorized pursuant to this subsection may
  208  take effect with the 2009 fall term.
  209         Section 6. Subsection (10) of section 1009.98, Florida
  210  Statutes, is amended to read:
  211         1009.98 Stanley G. Tate Florida Prepaid College Program.—
  212         (10) PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.—
  213         (a) As used in this subsection, the term:
  214         1. “Actuarial reserve” means the amount by which the
  215  expected value of the assets exceeds exceed the expected value
  216  of the liabilities of the trust fund.
  217         2. “Dormitory fees” means the fees included under advance
  218  payment contracts pursuant to paragraph (2)(d).
  219         3. “Fiscal year” means the fiscal year of the state
  220  pursuant to s. 215.01.
  221         4. “Local fees” means the fees covered by an advance
  222  payment contract provided pursuant to subparagraph (2)(b)2.
  223         5. “Tuition differential” means the fee covered by advance
  224  payment contracts sold pursuant to subparagraph (2)(b)3. The
  225  base rate for the tuition differential fee for the 2012-2013
  226  fiscal year is established at $37.03 per credit hour. The base
  227  rate for the tuition differential in subsequent years is the
  228  amount assessed paid by the board for the tuition differential
  229  for the preceding year adjusted pursuant to subparagraph (b)2.
  230         (b) Effective with the 2009-2010 academic year and
  231  thereafter, and notwithstanding the provisions of s. 1009.24,
  232  the amount paid by the board to any state university on behalf
  233  of a qualified beneficiary of an advance payment contract whose
  234  contract was purchased before July 1, 2024 2009, shall be:
  235         1. As to registration fees, if the actuarial reserve is
  236  less than 5 percent of the expected liabilities of the trust
  237  fund, the board shall pay the state universities 5.5 percent
  238  above the amount assessed for registration fees in the preceding
  239  fiscal year. If the actuarial reserve is between 5 percent and 6
  240  percent of the expected liabilities of the trust fund, the board
  241  shall pay the state universities 6 percent above the amount
  242  assessed for registration fees in the preceding fiscal year. If
  243  the actuarial reserve is between 6 percent and 7.5 percent of
  244  the expected liabilities of the trust fund, the board shall pay
  245  the state universities 6.5 percent above the amount assessed for
  246  registration fees in the preceding fiscal year. If the actuarial
  247  reserve is equal to or greater than 7.5 percent of the expected
  248  liabilities of the trust fund, the board shall pay the state
  249  universities 7 percent above the amount assessed for
  250  registration fees in the preceding fiscal year, whichever is
  251  greater.
  252         2. As to the tuition differential, if the actuarial reserve
  253  is less than 5 percent of the expected liabilities of the trust
  254  fund, the board shall pay the state universities 5.5 percent
  255  above the base rate for the tuition differential fee in the
  256  preceding fiscal year. If the actuarial reserve is between 5
  257  percent and 6 percent of the expected liabilities of the trust
  258  fund, the board shall pay the state universities 6 percent above
  259  the base rate for the tuition differential fee in the preceding
  260  fiscal year. If the actuarial reserve is between 6 percent and
  261  7.5 percent of the expected liabilities of the trust fund, the
  262  board shall pay the state universities 6.5 percent above the
  263  base rate for the tuition differential fee in the preceding
  264  fiscal year. If the actuarial reserve is equal to or greater
  265  than 7.5 percent of the expected liabilities of the trust fund,
  266  the board shall pay the state universities 7 percent above the
  267  base rate for the tuition differential fee in the preceding
  268  fiscal year.
  269         3. As to local fees, the board shall pay the state
  270  universities 5 percent above the amount assessed for local fees
  271  in the preceding fiscal year.
  272         4. As to dormitory fees, the board shall pay the state
  273  universities 6 percent above the amount assessed for dormitory
  274  fees in the preceding fiscal year.
  275         5. Qualified beneficiaries of advance payment contracts
  276  purchased before July 1, 2007, are exempt from paying any
  277  tuition differential fee.
  278         (c)Notwithstanding the amount assessed for registration
  279  fees, the tuition differential fee, or local fees, the amount
  280  paid by the board to any state university on behalf of a
  281  qualified beneficiary of an advance payment contract purchased
  282  before July 1, 2024, may not exceed 100 percent of the amount
  283  charged by the state university for the aggregate sum of those
  284  fees.
  285         (d) Notwithstanding the amount assessed for dormitory fees,
  286  the amount paid by the board to any state university on behalf
  287  of a qualified beneficiary of an advance payment contract
  288  purchased before July 1, 2024, may not exceed 100 percent of the
  289  amount charged by the state university for dormitory fees.
  290         (e)(c) The board shall pay state universities the actual
  291  amount assessed in accordance with law for registration fees,
  292  the tuition differential, local fees, and dormitory fees for
  293  advance payment contracts purchased on or after July 1, 2024
  294  2009.
  295         (f)(d) The board shall annually evaluate or cause to be
  296  evaluated the actuarial soundness of the trust fund.
  297         Section 7. Subsection (10) of section 1011.80, Florida
  298  Statutes, is amended to read:
  299         1011.80 Funds for operation of workforce education
  300  programs.—
  301         (10) A high school student dually enrolled under s.
  302  1007.271 in a workforce education program operated by a Florida
  303  College System institution or school district career center
  304  generates the amount calculated for workforce education funding,
  305  including any payment of performance funding, and the
  306  proportional share of full-time equivalent enrollment generated
  307  through the Florida Education Finance Program for the student’s
  308  enrollment in a high school. If a high school student is dually
  309  enrolled in a Florida College System institution program,
  310  including a program conducted at a high school, the Florida
  311  College System institution earns the funds generated for
  312  workforce education funding, and the school district earns the
  313  proportional share of full-time equivalent funding from the
  314  Florida Education Finance Program. If a student is dually
  315  enrolled in a career center operated by the same district as the
  316  district in which the student attends high school, that district
  317  earns the funds generated for workforce education funding and
  318  also earns the proportional share of full-time equivalent
  319  funding from the Florida Education Finance Program. If a student
  320  is dually enrolled in a workforce education program provided by
  321  a career center operated by a different school district, the
  322  funds must be divided between the two school districts
  323  proportionally from the two funding sources. A student may not
  324  be reported for funding in a dual enrollment workforce education
  325  program unless the student has completed the basic skills
  326  assessment pursuant to s. 1004.91. A student who is coenrolled
  327  in a K-12 education program and an adult education program may
  328  be reported for purposes of funding in an adult education
  329  program. If a student is coenrolled in core curricula courses
  330  for credit recovery or dropout prevention purposes and does not
  331  have a pattern of excessive absenteeism or habitual truancy or a
  332  history of disruptive behavior in school, the student may be
  333  reported for funding for up to two courses per year. Such a
  334  student is exempt from the payment of the block tuition for
  335  adult general education programs provided in s. 1009.22(3)(c) s.
  336  1009.22(3)(d). The Department of Education shall develop a list
  337  of courses to be designated as core curricula courses for the
  338  purposes of coenrollment.
  339         Section 8. This act shall take effect July 1, 2014.
  340  
  341  ================= T I T L E  A M E N D M E N T ================
  342  And the title is amended as follows:
  343         Between lines 6 and 7
  344  insert:
  345         amending ss. 1009.22 and 1009.23, F.S.; revising the
  346         standard tuition and out-of-state fees for workforce
  347         education postsecondary programs leading to certain
  348         certificates and diplomas and certain other programs
  349         at Florida College System institutions; deleting a
  350         provision relating to an increase in tuition and out
  351         of-state fees at a rate equal to inflation; deleting a
  352         requirement that the Office of Economic and
  353         Demographic Research annually report the rate of
  354         inflation to the Governor, the Legislature, and the
  355         State Board of Education; deleting the definition of
  356         the term “rate of inflation”; amending s. 1009.24,
  357         F.S.; revising the resident undergraduate tuition for
  358         lower-level and upper-level coursework; deleting a
  359         provision related to an increase of the resident
  360         undergraduate tuition at state universities at a rate
  361         equal to inflation; deleting the requirement of the
  362         Office of Economic and Demographic Research to
  363         annually report the rate of inflation to the Governor,
  364         the Legislature, and the Board of Governors; deleting
  365         the definition of the term “rate of inflation”;
  366         conforming provisions to changes made by the act;
  367         authorizing a state university board of trustees to
  368         increase the aggregate sum of tuition and tuition
  369         differential for up to 6 percent of the total charged
  370         for the aggregate sum of such fees in the preceding
  371         year; amending s. 1009.98, F.S.; redefining the term
  372         “tuition differential”; revising the purchase date of
  373         an advance payment contract as it relates to the
  374         amount paid by the Florida Prepaid College Board to a
  375         state university on behalf of a qualified beneficiary;
  376         prohibiting the amount of the aggregate sum of
  377         registration fees, the tuition differential fee, or
  378         local fees paid by the board to a state university on
  379         behalf of a qualified beneficiary of an advance
  380         payment contract from exceeding a certain percentage
  381         of the amount charged by the state university for the
  382         aggregate sum of those fees; prohibiting the amount of
  383         the dormitory fees paid for by the board to a state
  384         university on behalf of a qualified beneficiary of an
  385         advance payment contract from exceeding a certain
  386         percentage of the amount charged by the state
  387         university for those fees; conforming provisions to
  388         changes made by the act; amending s. 1011.80, F.S.;
  389         conforming a cross-reference;