To implement the changes enacted in section 1009.23, F.S. The effect will be a rule consistent with governing law.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-14.054Student Fees

PURPOSE AND EFFECT: To implement the changes enacted in section 1009.23, F.S. The effect will be a rule consistent with governing law.

SUMMARY: The proposed rule makes changes to student fees established by the college’s board of trustees so that the rule is consistent with current statutes.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: There is no associated cost or financial impact that will occur as a result of the changes made to this rule.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1001.02(1), 1001.64(4)(b), 1009.23, FS.

LAW IMPLEMENTED: 1001.02, 1001.64, 1004.93, 1007.271, 1009.23, 1009.27, FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: May 20, 2016, 9:00 a.m.

PLACE: DoubleTree by Hilton, 5780 Major Blvd., Orlando, Florida 32819

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Scott Kittel, Associate Vice Chancellor for Financial Policy & Facilities Planning & Budgeting, [phone], [e-mail]@fldoe.org

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-14.054 Student Fees.

Each board of trustees shall establish, publish, collect, and budget student fees, and shall establish dates for paying fees. The dates shall be no not later than the last day of the drop and add periods established by the boards.

(1) The percentage of the cost of education to be paid by students shall be computed annually from the Florida College System Community College Program Fund by the Division of Florida Community Colleges, on behalf of the State Board of Education, for three (3) categories of instructional classifications: advanced and professional, postsecondary vocational, and college preparatory. The cost of each category shall be calculated by applying the percentage factors from the most recent annual cost analysis of the general current fund to the Florida College System Community College Program Fund of the prior year.

(2) through (5) No change.

(6) Each board of trustees may establish user fees in addition to tuition fees for services that incur unusual costs. Such user fees shall not exceed the cost of the goods or services provided and shall only be charged to students or agencies receiving those goods or services.

(6)(7) Each board of trustees shall have the authority to negotiate tuition fees for courses and programs contracted by external agencies and companies which vary from the tuition fee provided for in this rule. Such negotiated fees may exceed the full cost of instruction. The courses and programs of instruction funded from these negotiated fees shall not be reported for state funding purposes.

(7)(8) Veterans and other eligible students under Section 1009.27(2) 1001.27(2), F.S., shall receive, upon request, one (1) deferment per academic year for the payment of registration fees. Upon request, such persons shall receive an additional deferment each time there is a delay in receipt of such benefits. Such deferments shall be for sixty (60) days, except they shall not extend beyond the end of the term.

(8)(9) When institutional, state, or federal financial aid other than veterans’ benefits is delayed in being transmitted to students through circumstances beyond their control, registration fees may be deferred up to sixty (60) days, but not beyond the end of the term, unless the institutions, state, or federal rules or regulations require additional time, events, or documentation that cannot be completed within the prescribed sixty (60) day period. Failure to make timely application for such aid shall not be a reason for granting deferral. The deferment shall be in accordance with rules adopted by the board of trustees setting forth the conditions under which the deferment shall be granted. A list of persons for whom fees are deferred and the amount of fees deferred shall be maintained.

(9)(10) When Florida Prepaid College Program benefits are delayed in being paid from the program to the Florida College System institution community college through circumstances beyond the control of the student, registration fees covered by the benefits shall be deferred until the benefits are paid. The Florida College System institution community college shall notify the Division of Florida Community Colleges if the benefits are not paid on a timely basis.

(10)(11) When the college has a written promise of payment from business, industry, government unit, nonprofit organization, or civic organization, fees may be deferred as determined by the board of trustees.

(11)(12) Registration fees are defined as tuition, out-of-state, student financial aid, activity and service, capital improvement, laboratory, and all other fees collected during the registration process.

(12)(13) When registration fees are waived by a board of trustees, a list of persons for whom fees are waived, documentation supporting the waivers, and the amount of fees waived shall be maintained.

Rulemaking Authority 1001.02(1), (9), 1001.64(4)(b), 1009.23(4), 1009.27 FS. Law Implemented 1001.02(9), 1001.64, 1004.93, 1007.271, 1009.23, 1009.27 FS. History–New 12-19-74, Formerly 6A-8.611, Amended 4-8-75, 9-8-76, 1-10-77, 12-26-77, 9-6-78, 4-10-79, 7-2-79, 3-30-81, 7-16-81, 11-12-81, 8-16-82, 3-17-83, 12-20-83, 12-19-84, 5-14-85, 9-10-85, Formerly 6A-14.54, Amended 6-1-86, 11-13-86, 11-24-87, 9-14-88, 11-12-90, 7-1-92, 2-18-93, 2-16-94, 3-21-95, 3-20-96, 11-13-96, 7-20-04,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Madeline Pumariega, Chancellor, Florida College System

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 21, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 11, 2016