The Florida Senate

¹240.359  Procedure for determining state financial support and annual apportionment of state funds to each community college district.--The procedure for determining state financial support and the annual apportionment to each community college district authorized to operate a community college under the provisions of s. 240.313 shall be as follows:

(1)  DETERMINING THE AMOUNT TO BE INCLUDED IN THE STATE COMMUNITY COLLEGE PROGRAM FUND FOR THE CURRENT OPERATING PROGRAM.--

(a)  The Department of Education shall determine annually from an analysis of operating costs, prepared in the manner prescribed by rules of the State Board of Education, the costs per full-time equivalent student served in courses and fields of study offered in community colleges. This information and current college operating budgets shall be submitted to the Executive Office of the Governor with the legislative budget request prior to each regular session of the Legislature.

(b)  The allocation of funds for community colleges shall be based on advanced and professional disciplines, college-preparatory programs, and other programs for adults funded pursuant to s. 239.115.

(c)  The category of lifelong learning is for students enrolled pursuant to s. 239.301. A student shall also be reported as a lifelong learning student for his or her enrollment in any course that he or she has previously taken, unless it is a credit course in which the student earned a grade of D or F.

(d)  If an adult student has been determined to be a disabled student eligible for an approved educational program for disabled adults provided pursuant to s. 239.301 and rules of the State Board of Education and is enrolled in a class with curriculum frameworks developed for the program, state funding for that student shall be provided at a level double that of a student enrolled in a special adult general education program provided by a community college.

(e)  The State Board of Education shall adopt rules to implement s. 9(d)(8)f., Art. XII of the State Constitution. These rules shall provide for the use of the funds available under s. 9(d)(8)f., Art. XII by an individual community college for operating expense in any fiscal year during which the State Board of Education has determined that all major capital outlay needs have been met. Highest priority for the use of these funds for purposes other than financing approved capital outlay projects shall be for the proper maintenance and repair of existing facilities for projects approved by the State Board of Education. However, in any fiscal year in which funds from this source are authorized for operating expense other than approved maintenance and repair projects, the allocation of community college program funds shall be reduced by an amount equal to the sum used for such operating expense for that community college that year, and that amount shall not be released or allocated among the other community colleges that year.

(2)  DETERMINING THE AMOUNT TO BE INCLUDED FOR CAPITAL OUTLAY AND DEBT SERVICE.--The amount included for capital outlay and debt service shall be as determined and provided in s. 18, Art. XII of the State Constitution of 1885, as adopted by s. 9(d), Art. XII of the 1968 revised State Constitution and State Board of Education rules.

(3)  DETERMINING THE APPORTIONMENT FROM STATE FUNDS.--

(a)  By December 15 of each year, the Department of Education shall estimate the annual enrollment of each community college for the current fiscal year and for the 6 subsequent fiscal years. These estimates shall be based upon prior years' enrollments, upon the initial fall term enrollments for the current fiscal year for each college, and upon each college's estimated current enrollment and demographic changes in the respective community college districts.

(b)  The apportionment to each community college from the Community College Program Fund shall be determined annually in the General Appropriations Act. In determining each college's apportionment, the Legislature shall consider the following components:

1.  Base budget, which includes the state appropriation to the Community College Program Fund in the current year plus the related student matriculation and tuition fees assigned in the current General Appropriations Act.

2.  The cost-to-continue allocation, which consists of incremental changes to the base budget, including salaries, price levels, and other related costs.

3.  Enrollment workload adjustment, which shall be determined as follows:

a.  The actual full-time equivalent enrollment for the prior year, as accepted or modified by the Legislature, shall be the assigned enrollment and the basis for allocating appropriated funds for enrollment workload. If the enrollment workload allocation to a college is determined to be less than zero, the reduction in allocation shall be implemented over a 2-year period.

b.  The systemwide average direct instructional cost level of each program of study shall be used to calculate the enrollment workload adjustment. This amount, multiplied by a factor of 1.3, for support services shall be multiplied by the change in enrollment as determined in sub-subparagraph a. From this amount, student matriculation and tuition fees generated by the change in assigned enrollment shall be deducted and the remaining amount shall be the state allocation to each college for enrollment workload.

c.  Students enrolled in a recreation and leisure program and students enrolled in a lifelong learning program may not be counted as full-time equivalent enrollments for purposes of enrollment workload adjustments.

4.  Operating costs of new facilities adjustments, which shall be provided, from funds available, for each new facility that is owned by the college and is recommended in accordance with s. 235.15.

5.  New and improved program enhancements, which shall be determined by the Legislature.

Student fees in the base budget plus student fee revenues generated by increases in fee rates shall be deducted from the sum of the components determined in subparagraphs 1.-5. The amount remaining shall be the net annual state apportionment to each college.

(c)  No community college shall commit funds for the employment of personnel or resources in excess of those required to continue the same level of support for either the previously approved enrollment or the revised enrollment, whichever is lower.

(d)  The apportionment to each community college district for capital outlay and debt service shall be the amount determined in accordance with subsection (2). This amount, less any amount determined as necessary for administrative expense by the State Board of Education and any amount necessary for debt service on bonds issued by the State Board of Education, shall be transmitted to the community college district board of trustees to be expended in a manner prescribed by rules of the State Board of Education.

(e)  Colleges shall seek to maintain an unencumbered fund balance of between 4 percent and 10 percent of the funds available in the current general fund of the operating budget. If the 10-percent upper level is exceeded for 2 consecutive years, the appropriation to the college in a succeeding fiscal year shall be reduced by the average of the excess of the fund balance over the 10 percent for the 2 years. In exceptional cases, when fund balances greater than 10 percent are necessary for a college, prior approval shall be obtained from the State Board of Community Colleges.

(f)  Expenditures for apprenticeship programs shall be reported separately.

(4)  EXPENDITURE OF ALLOCATED FUNDS.--Any funds allocated herein to any district for a public community college shall be expended only for the purpose of supporting that college.

(5)  REPORT OF REMEDIAL EDUCATION.--Each community college shall report the volume and cost of remedial education activities as a separate item in its annual cost accounting system.

History.--s. 7, ch. 63-495; ss. 163-165, ch. 65-239; s. 1, ch. 65-434; s. 1, ch. 68-2; s. 15, ch. 68-5; ss. 3-5, ch. 68-14; ss. 15, 35, ch. 69-106; s. 1, ch. 69-213; s. 31, ch. 69-216; s. 1, ch. 69-300; ss. 12-14, ch. 70-94; ss. 65, 70, ch. 72-221; ss. 3, 9, 11, ch. 72-348; s. 4, ch. 72-352; s. 1, ch. 73-232; s. 2, ch. 74-293; s. 1, ch. 77-174; s. 104, ch. 79-190; s. 59, ch. 79-222; s. 2, ch. 80-237; s. 8, ch. 81-193; s. 40, ch. 82-241; s. 17, ch. 83-325; s. 33, ch. 83-326; s. 40, ch. 84-336; s. 43, ch. 86-156; s. 2, ch. 87-326; ss. 13, 54, ch. 87-329; s. 16, ch. 89-189; ss. 53, 61, ch. 89-381; s. 28, ch. 91-55; s. 1, ch. 91-234; s. 55, ch. 92-136; s. 54, ch. 95-148; s. 29, ch. 97-307; s. 18, ch. 98-58; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

Note.--Former ss. 236.74, 230.0117, 230.767.