¹240.235  Fees.--

(1)  Each university is authorized to establish separate activity and service, health, and athletic fees. When duly established, the fees shall be collected as component parts of the registration and tuition fees and shall be retained by the university and paid into the separate activity and service, health, and athletic funds.

(a)1.  Each university president shall establish a student activity and service fee on the main campus of the university. The university president may also establish a student activity and service fee on any branch campus or center. Any subsequent increase in the activity and service fee must be recommended by an activity and service fee committee, at least one-half of whom are students appointed by the student body president. The remainder of the committee shall be appointed by the university president. A chairperson, appointed jointly by the university president and the student body president, shall vote only in the case of a tie. The recommendations of the committee shall take effect only after approval by the university president, after consultation with the student body president, with final approval by the Board of Regents. An increase in the activity and service fee may occur only once each fiscal year and must be implemented beginning with the fall term. The Board of Regents is responsible for promulgating the rules and timetables necessary to implement this fee.

2.  The student activity and service fees shall be expended for lawful purposes to benefit the student body in general. This shall include, but shall not be limited to, student publications and grants to duly recognized student organizations, the membership of which is open to all students at the university without regard to race, sex, or religion. The fund may not benefit activities for which an admission fee is charged to students, except for student-government-association-sponsored concerts. The allocation and expenditure of the fund shall be determined by the student government association of the university, except that the president of the university may veto any line item or portion thereof within the budget when submitted by the student government association legislative body. The university president shall have 15 school days from the date of presentation of the budget to act on the allocation and expenditure recommendations, which shall be deemed approved if no action is taken within the 15 school days. If any line item or portion thereof within the budget is vetoed, the student government association legislative body shall within 15 school days make new budget recommendations for expenditure of the vetoed portion of the fund. If the university president vetoes any line item or portion thereof within the new budget revisions, the university president may reallocate by line item that vetoed portion to bond obligations guaranteed by activity and service fees. Unexpended funds and undisbursed funds remaining at the end of a fiscal year shall be carried over and remain in the student activity and service fund and be available for allocation and expenditure during the next fiscal year.

(b)  Each university president shall establish a student health fee on the main campus of the university. The university president may also establish a student health fee on any branch campus or center. Any subsequent increase in the health fee must be recommended by a health committee, at least one-half of whom are students appointed by the student body president. The remainder of the committee shall be appointed by the university president. A chairperson, appointed jointly by the university president and the student body president, shall vote only in the case of a tie. The recommendations of the committee shall take effect only after approval by the university president, after consultation with the student body president, with final approval by the Board of Regents. An increase in the health fee may occur only once each fiscal year and must be implemented beginning with the fall term. The Board of Regents is responsible for promulgating the rules and timetables necessary to implement this fee.

(c)  Each university president shall establish a separate athletic fee on the main campus of the university. The university president may also establish a separate athletic fee on any branch campus or center. The initial aggregate athletic fee at each university shall be equal to, but may be no greater than, the 1982-1983 per-credit-hour activity and service fee contributed to intercollegiate athletics, including women's athletics, as provided by s. 240.533. Concurrently with the establishment of the athletic fee, the activity and service fee shall experience a one-time reduction equal to the initial aggregate athletic fee. Any subsequent increase in the athletic fee must be recommended by an athletic fee committee, at least one-half of whom are students appointed by the student body president. The remainder of the committee shall be appointed by the university president. A chairperson, appointed jointly by the university president and the student body president, shall vote only in the case of a tie. The recommendations of the committee shall take effect only after approval by the university president, after consultation with the student body president, with final approval by the Board of Regents. An increase in the athletic fee may occur only once each fiscal year and must be implemented beginning with the fall term. The Board of Regents is responsible for promulgating the rules and timetables necessary to implement this fee.

(2)  The university may permit the deferral of registration and tuition fees for those students receiving financial aid from federal or state assistance programs when such aid is delayed in being transmitted to the student through circumstances beyond the control of the student. Failure to make timely application for such aid shall be insufficient reason to receive such deferral. Veterans and other eligible students receiving benefits under chapter 30, chapter 31, chapter 32, chapter 34, or chapter 35, 38 U.S.C., or chapter 106, 10 U.S.C., shall be entitled to one deferment each academic year and an additional deferment each time there is a delay in the receipt of their benefits.

(3)  The Board of Regents shall establish rules to waive any or all application, course registration, and related fees for persons 60 years of age or older who are residents of this state and who attend classes for credit. No academic credit shall be awarded for attendance in classes for which fees are waived under this subsection. This privilege may be granted only on a space-available basis, if such classes are not filled as of the close of registration. A university may limit or deny the privilege for courses which are in programs for which the Board of Regents has established selective admissions criteria. Persons paying full fees and state employees taking courses on a space-available basis shall have priority over those persons whose fees are waived in all cases where classroom spaces are limited.

(4)  Students enrolled in a dual enrollment or early admission program pursuant to s. 240.116 shall be exempt from the payment of registration, matriculation, and laboratory fees. Students enrolled in accordance with this subsection may be calculated as the proportional shares of full-time equivalent enrollments each such student generates for state funding purposes.

(5)(a)  Any student for whom the state is paying a foster care board payment pursuant to s. 409.145(3) or ²parts II and III of chapter 39, for whom the permanency planning goal pursuant to ³part III of chapter 39 is long-term foster care or independent living, or who is adopted from the Department of Children and Family Services after May 5, 1997, shall be exempt from the payment of all undergraduate fees, including fees associated with enrollment in college-preparatory instruction or completion of college-level communication and computation skills testing programs. Before a fee exemption can be given, the student shall have applied for and been denied financial aid, pursuant to s. 240.404, which would have provided, at a minimum, payment of all undergraduate fees. Such exemption shall be available to any student adopted from the Department of Children and Family Services after May 5, 1997; however, the exemption shall be valid for no more than 4 years after the date of graduation from high school.

(b)  Any student qualifying for a fee exemption under this subsection shall receive such an exemption for not more than 4 consecutive years or 8 semesters unless the student is participating in college-preparatory instruction or is requiring additional time to complete the college-level communication and computation skills testing programs. Such a student shall be eligible to receive a fee exemption for a maximum of 5 consecutive years or 10 semesters.

(c)  As a condition for continued fee exemption, a student shall have earned a grade point average of at least 2.0 on a 4.0 scale for the previous term, maintain at least an overall 2.0 average for college work, or have an average below 2.0 for only the previous term and be eligible for continued enrollment in the institution.

(6)  Any proprietor, owner, or worker of a company whose business has been at least 50-percent negatively financially impacted by the buyout of property around Lake Apopka by the State of Florida is exempt from the payment of registration, matriculation, and laboratory fees. A student receiving a fee exemption in accordance with this subsection must not have received compensation because of the buyout, must be designated a Florida resident for tuition purposes pursuant to s. 240.1201, and must first have applied for and been denied financial aid, pursuant to s. 240.404, which would have provided, at a minimum, payment of all student fees. The student is responsible for providing evidence to the postsecondary education institution verifying that the conditions of this subsection have been met, including support documentation provided by the Department of Revenue. The student must be currently enrolled in, or begin coursework within, a program area by fall semester 2000. The exemption is valid for a period of 4 years from the date that the postsecondary education institution confirms that the conditions of this subsection have been met.

(7)  Each university may assess a service charge for the payment of tuition and fees in installments. Such service charge must be approved by the Board of Regents. The revenues from such service charges shall be deposited into a student fee trust fund the Legislature has established and assigned to the university for that purpose.

(8)  Any graduate student enrolled in a state-approved school psychology training program shall be entitled to a waiver of registration fees for internship credit hours applicable to an internship in the public school system under the supervision of a Department of Education certified school psychologist employed by the school system.

(9)  The Board of Regents shall exempt one-half of all tuition and course-related fees for certain members of the active Florida National Guard pursuant to the provisions of s. 250.10(8).

(10)  The Board of Regents may establish rules to allow for the waiver of out-of-state fees for nondegree-seeking students enrolled at State University System institutions if the earned student credit hours generated by such students are nonfundable and the direct cost for the program of study is recovered from the fees charged to all students.

(11)  Students who are enrolled in Programs in Medical Sciences are considered graduate students for the purpose of enrollment and student fees.

History.--s. 19, ch. 79-222; s. 1, ch. 80-14; s. 1, ch. 80-237; s. 25, ch. 81-193; s. 3, ch. 83-326; s. 8, ch. 86-177; s. 11, ch. 87-212; s. 36, ch. 88-337; s. 8, ch. 89-381; s. 7, ch. 90-138; s. 13, ch. 90-365; s. 2, ch. 91-302; s. 7, ch. 93-242; s. 25, ch. 94-230; s. 3, ch. 97-158; s. 7, ch. 97-169; s. 35, ch. 97-246; s. 23, ch. 98-280; s. 6, ch. 98-421; s. 9, ch. 99-243; s. 5, ch. 99-252; 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.

²Note.--Provisions in former parts II and III of chapter 39 are now located in parts I, V, VI, VIII, and X as a result of the reorganization of chapter 39 by ch. 98-403, and the addition of two new parts by ch. 2000-139.