The Florida Senate

239.117  Postsecondary student fees.--

(1)  This section applies to students enrolled in workforce development programs, including programs and courses leading to an associate in applied technology degree or an associate in science degree who are reported for funding through the Workforce Development Education Fund.

(2)  All students shall be charged fees except students who are exempt from fees or students whose fees are waived.

(3)  The following students are exempt from any requirement for the payment of registration, matriculation, and laboratory fees for adult basic, adult secondary, or vocational-preparatory instruction:

(a)  A student who does not have a high school diploma or its equivalent.

(b)  A student who has a high school diploma or its equivalent and who has academic skills at or below the eighth grade level pursuant to state board rule. A student is eligible for this exemption from fees if the student's skills are at or below the eighth grade level as measured by a test administered in the English language and approved by the Department of Education, even if the student has skills above that level when tested in the student's native language.

(4)  The following students are exempt from the payment of registration, matriculation, and laboratory fees:

(a)  A student enrolled in a dual enrollment or early admission program pursuant to s. 239.241.

(b)  A student enrolled in an approved apprenticeship program, as defined in s. 446.021.

(c)  A student for whom the state is paying a foster care board payment pursuant to s. 409.145(3) or pursuant to ¹parts III and V of chapter 39, for whom the permanency planning goal pursuant to ²part V of chapter 39 is long-term foster care or independent living, or who is adopted from the Department of Children and Family Services after December 31, 1997. Such exemption includes fees associated with enrollment in college-preparatory instruction and completion of the college-level communication and computation skills testing program. Such exemption shall be available to any student adopted from the Department of Children and Family Services after December 31, 1997; however, the exemption shall be valid for no more than 4 years after the date of graduation from high school.

(d)  A student enrolled in an employment and training program under the WAGES Program. Such a student may receive a fee exemption only if the student applies for and does not receive student financial aid, including Job Training Partnership Act or Family Support Act funds. Schools and community colleges shall help such students apply for financial aid, but may not deny such students program participation during the financial aid application process. Such a student may not be required to incur debt within the financial aid package. The local WAGES coalition shall pay the community college or school district for costs incurred for WAGES clients.

(e)  A student who lacks a fixed, regular, and adequate nighttime residence or whose primary nighttime residence is a public or private shelter designed to provide temporary residence for individuals intended to be institutionalized, or a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.

(5)  School districts and community colleges may waive fees for any fee-nonexempt student. The total value of fee waivers granted by the school district or community college may not exceed the amount established annually in the General Appropriations Act. Any student whose fees are waived in excess of the authorized amount may not be reported for state funding purposes. Any school district or community college that waives fees and requests state funding for a student in violation of the provisions of this section shall be penalized at a rate equal to 2 times the value of the full-time student enrollment reported.

(6)

(a)  The Commissioner of Education shall recommend to the State Board of Education no later than December 31 of each year a schedule of fees for workforce development education. The fee schedule shall be based on the amount of student fees necessary to produce 25 percent of the prior year's cost of a course of study leading to a certificate or degree and 50 percent of the prior year's cost of a course that does not lead to an occupational completion point. At the discretion of a school board or a community college, this fee schedule may be implemented over a 3-year period, with full implementation in the 1999-2000 school year. In years preceding that year, if fee increases are necessary for some programs or courses, the fees shall be raised in increments designed to lessen their impact upon students already enrolled. Fees for students who are not residents for tuition purposes must offset the full cost of instruction.

(b)  The State Board of Education shall adopt a fee schedule for school districts that produces the fee revenues calculated pursuant to paragraph (a). The schedule so calculated shall take effect, unless otherwise specified in the General Appropriations Act.

(c)  The State Board of Education shall adopt, by rule, the definitions and procedures that school boards shall use in the calculation of cost borne by students. Such rule must define the cost of educational programs as the product of semester enrollment counts times the average instructional cost for the course of study, divided by the number of semesters in the course of study. A course of study is a single course or a series of two or more courses leading to an occupational completion point, an associate in applied technology degree, or an associate in science degree. The rule shall be developed in consultation with the Legislature.

³(7)

(a)  Each year the State Board of Community Colleges shall review and evaluate the percentage of the cost of adult programs and certificate career education programs supported through student fees. If this review indicates that student fees generate less than the percentage targeted for the program, the State Board of Community Colleges shall adopt a schedule of fee increases by December 31 for the following fall semester. For students who are residents for tuition purposes, the schedule so adopted must produce revenues equal to 25 percent of the prior year's program cost for college-preparatory and supplemental vocational programs and 10 percent of the prior year's program cost for certificate career education and vocational preparatory programs. The fee schedule for lifelong learning programs shall be based on student fees and nonstate funds necessary to produce 50 percent of the prior year's cost of lifelong learning programs. State funds may not exceed 50 percent of the prior year's cost of lifelong learning programs. The state board may not increase fees more than 10 percent for students who are residents for tuition purposes. Unless otherwise specified in the General Appropriations Act, the fee schedule shall take effect and the college shall expend student fees on instruction. If the Legislature enacts a calculation different than that adopted by the state board, the state board shall adopt a fee schedule that generates the same revenues as the calculation contained in the General Appropriations Act. Each community college board of trustees shall establish matriculation, tuition, and noncredit fees that may vary no more than 10 percent from the schedule approved by the State Board of Education. Fees for students who are not residents for tuition purposes must offset the full cost of instruction.

(b)  Students enrolled in college-preparatory instruction shall pay fees equal to the fees charged for college credit courses. Students enrolled in the same college-preparatory class within a skill area more than one time shall pay fees at 100 percent of the full cost of instruction and shall not be included in calculations of full-time equivalent enrollments for state funding purposes; however, students who withdraw or fail a class due to extenuating circumstances may be granted an exception only once for each class, provided approval is granted according to policy established by the board of trustees. Each community college shall have the authority to review and reduce payment for increased fees due to continued enrollment in a college-preparatory class on an individual basis, contingent upon a student's financial hardship, pursuant to definitions and fee levels established by the State Board of Community Colleges. Fee-nonexempt students enrolled in vocational-preparatory instruction shall be charged fees equal to the fees charged for certificate career education instruction. Each community college that conducts college-preparatory and vocational-preparatory instruction in the same class section may charge a single fee for both types of instruction.

(8)  Each school board and community college board of trustees may collect, for financial aid purposes, up to an additional 10 percent of the student fees collected for workforce development programs. All fees collected shall be deposited into the student financial aid fee trust fund of the district or community college. Any undisbursed balance remaining in the trust fund and interest income accruing to investments from the trust fund shall increase the total funds available for distribution to certificate career education students. Awards shall be based on student financial need and distributed in accordance with a nationally recognized system of need analysis approved by the State Board for Career Education. Fees collected pursuant to this subsection shall be allocated in an expeditious manner.

(9)  A district school board or a community college board of trustees may charge other fees only as authorized by rule of the State Board of Education or the State Board of Community Colleges.

(10)  The State Board of Education and the State Board of Community Colleges shall adopt rules to allow the deferral of registration and tuition fees for students receiving financial aid from a federal or state assistance program when such aid is delayed in being transmitted to the student through circumstances beyond the control of the student. The failure to make timely application for such aid is an insufficient reason to receive a deferral of fees. The rules must provide for the enforcement and collection or other settlement of delinquent accounts.

(11)  Any veteran or other eligible student who receives benefits under chapter 30, chapter 31, chapter 32, chapter 34, or chapter 35 of Title 38, U.S.C., or chapter 106 of Title 10, U.S.C., is entitled to one deferment each academic year and an additional deferment each time there is a delay in the receipt of benefits.

(12)  Each school district and community college shall be responsible for collecting all deferred fees. If a school district or community college has not collected a deferred fee, the student may not earn state funding for any course for which the student subsequently registers until the fee has been paid.

(13)  Any school district or community college that reports students who have not paid fees in an approved manner in calculations of full-time equivalent enrollments for state funding purposes shall be penalized at a rate equal to 2 times the value of such enrollments. Such penalty shall be charged against the following year's allocation from the Florida Workforce Development Education Fund or the Community College Program Fund and shall revert to the General Revenue Fund. The State Board of Education shall specify, in rule, approved methods of student fee payment. Such methods must include, but need not be limited to, student fee payment; payment through federal, state, or institutional financial aid; and employer fee payments.

(14)  Each school district and community college shall report only those students who have actually enrolled in instruction provided or supervised by instructional personnel under contract with the district or community college in calculations of actual full-time enrollments for state funding purposes. A student who has been exempted from taking a course or who has been granted academic or vocational credit through means other than actual coursework completed at the granting institution may not be calculated for enrollment in the course from which the student has been exempted or for which the student has been granted credit. School districts and community colleges that report enrollments in violation of this subsection shall be penalized at a rate equal to 2 times the value of such enrollments. Such penalty shall be charged against the following year's allocation from the Workforce Development Education Fund and shall revert to the General Revenue Fund.

(15)  School boards and community college boards of trustees may establish scholarship funds using donations. If such funds are established, school boards and community college boards of trustees shall adopt rules that provide for the criteria and methods for awarding scholarships from the fund.

(16)  School boards and community college boards of trustees may establish, by rule, a consumable supply fee for postsecondary students enrolled in certificate career education or supplemental courses.

(17)  Each school board and community college board of trustees may establish a separate fee for capital improvements, technology enhancements, or equipping buildings which may not exceed 5 percent of the matriculation fee for resident students or 5 percent of the matriculation and tuition fee for nonresident students. Funds collected through these fees may not be bonded. The fee shall be collected as a component part of the registration and tuition fees, paid into a separate account, and expended only to maintain, improve, equip, or enhance the certificate career education or adult education facilities of the school district or community college. Projects funded through the use of the capital improvement fee must meet the survey and construction requirements of chapter 235. Pursuant to s. 216.0158, each school board and community college board of trustees shall identify each project, including maintenance projects, proposed to be funded in whole or in part by such fee. A maximum of 15 cents per credit hour may be allocated from the capital improvement fee for child care centers conducted by the school board or community college board of trustees.

History.--s. 8, ch. 92-136; s. 2, ch. 95-392; s. 60, ch. 96-175; s. 4, ch. 97-169; ss. 34, 39, 44, ch. 97-246; s. 19, ch. 97-307.

¹Note.--Redesignated as parts II and III of chapter 39 to conform to the repeal and transfer of the provisions of former parts II and IV by ch. 97-238.

²Note.--Redesignated as part III of chapter 39 to conform to the repeal and transfer of the provisions of former parts II and IV by ch. 97-238.

³Note.--As amended by s. 44, ch. 97-246, only, and redesignated as subsection (7) from subsection (5) by s. 19, ch. 97-307. Section 19, ch. 97-307, also amended the subsection. The ch. 97-246 version is published as the last expression of legislative will (see Journal of the Senate 1997, pp. 1418 and 1828). As amended by s. 19, ch. 97-307, only, subsection (7) reads:

(7)  Each year the State Board of Community Colleges shall review and evaluate the percentage of the cost of adult programs and certificate career education programs supported through student fees. If this review indicates that student fees generate less than the percentage targeted for the program, the State Board of Community Colleges shall adopt a schedule of fee increases by December 31 for the following fall semester. For students who are residents for tuition purposes, the schedule so adopted must produce revenues equal to 25 percent of the prior year's program cost for workforce development programs that lead to an occupational completion point and 50 percent of the prior year's cost for student enrollment in a single course of study not leading to a certificate or degree. Fees for students who are not residents for tuition purposes must offset the full cost of instruction. Fee-nonexempt students enrolled in vocational-preparatory instruction shall be charged fees equal to the fees charged for certificate career education instruction. Each community college that conducts college-preparatory and vocational-preparatory instruction in the same class section may charge a single fee for both types of instruction.