Bill Amendment: FL S1292 | 2014 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Postsecondary Education
Status: 2014-05-02 - Died on Calendar, companion bill(s) passed, see HB 5101 (Ch. 2014-56) [S1292 Detail]
Download: Florida-2014-S1292-Senate_Committee_Substitue_Amendment_579090_Amendment_824504_.html
Bill Title: Postsecondary Education
Status: 2014-05-02 - Died on Calendar, companion bill(s) passed, see HB 5101 (Ch. 2014-56) [S1292 Detail]
Download: Florida-2014-S1292-Senate_Committee_Substitue_Amendment_579090_Amendment_824504_.html
Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. CS for SB 1292 Ì5790900Î579090 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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, 20142011, for programs leading to a 12 career certificate or an applied technology diploma, the 13 standard tuition shall be $2.33$2.22per contact hour for 14 residents and nonresidents and the out-of-state fee shall be 15 $6.99$6.66per 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 year27thereafter, the tuition and the out-of-state fee per contact28hour shall increase at the beginning of each fall semester at a29rate equal to inflation, unless otherwise provided in the30General Appropriations Act. The Office of Economic and31Demographic Research shall report the rate of inflation to the32President of the Senate, the Speaker of the House of33Representatives, the Governor, and the State Board of Education34each year prior to March 1. For purposes of this paragraph, the35rate of inflation shall be defined as the rate of the 12-month36percentage change in the Consumer Price Index for All Urban37Consumers, U.S. City Average, All Items, or successor reports as38reported by the United States Department of Labor, Bureau of39Labor Statistics, or its successor for December of the previous40year. In the event the percentage change is negative, the41tuition and out-of-state fee shall remain at the same level as42the 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, 20142011, for advanced 62 and professional, postsecondary vocational, developmental 63 education, and educator preparation institute programs, the 64 standard tuition shall be $71.98$68.56per credit hour for 65 residents and nonresidents, and the out-of-state fee shall be 66 $215.94$205.82per credit hour. 67 (b) Unless otherwise provided in the General Appropriations 68 Act, effective July 1, 20142011, for baccalaureate degree 69 programs, the following tuition and fee rates shall apply: 70 1. The tuition shall be $91.79$87.42per 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 year78thereafter, the tuition and the out-of-state fee shall increase79at the beginning of each fall semester at a rate equal to80inflation, unless otherwise provided in the General81Appropriations Act. The Office of Economic and Demographic82Research shall report the rate of inflation to the President of83the Senate, the Speaker of the House of Representatives, the84Governor, and the State Board of Education each year prior to85March 1. For purposes of this paragraph, the rate of inflation86shall be defined as the rate of the 12-month percentage change87in the Consumer Price Index for All Urban Consumers, U.S. City88Average, All Items, or successor reports as reported by the89United States Department of Labor, Bureau of Labor Statistics,90or its successor for December of the previous year. In the event91the percentage change is negative, the tuition and the out-of92state fee per credit hour shall remain at the same levels as the93prior 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. 1006.735s.971006.73, 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. 1006.735s. 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, 20142011, the resident 114 undergraduate tuition for lower-level and upper-level coursework 115 shall be $105.07$103.32per credit hour. 116(b) Beginning with the 2008-2009 fiscal year and each year117thereafter, the resident undergraduate tuition per credit hour118shall increase at the beginning of each fall semester at a rate119equal to inflation, unless otherwise provided in the General120Appropriations Act. The Office of Economic and Demographic121Research shall report the rate of inflation to the President of122the Senate, the Speaker of the House of Representatives, the123Governor, and the Board of Governors each year prior to March 1.124For purposes of this paragraph, the rate of inflation shall be125defined as the rate of the 12-month percentage change in the126Consumer Price Index for All Urban Consumers, U.S. City Average,127All Items, or successor reports as reported by the United States128Department of Labor, Bureau of Labor Statistics, or its129successor for December of the previous year. In the event the130percentage change is negative, the resident undergraduate131tuition 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 mayshallnot 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 notcannotexceed $2 150 per credit hour. Notwithstandingthe provisions ofss. 1009.534, 151 1009.535, and 1009.536, that portion of any increase in an 152 athletic fee pursuant to this subsection whichthatcauses 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 mayshallnot 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 mayis authorized toexceed the 5 percent5161percentcap 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 mayshallnot 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 mayshallnot 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 179s. 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 maynotbe increased by no more than 615percent 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 615percent 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 mayshallnot 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. 1006.735s. 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 exceedsexceedthe 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 assessedpaid by the boardfor 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, 20242009, 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 3322009. 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.3741009.22(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.