Senate Bill 0068c1

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    Florida Senate - 2000                             CS for SB 68

    By the Committee on Fiscal Policy and Senators Diaz-Balart and
    Hargrett




    309-2194-00

  1                      A bill to be entitled

  2         An act relating to postsecondary education;

  3         authorizing a college of law at Florida

  4         International University and Florida

  5         Agricultural and Mechanical University;

  6         providing duties of the Board of Regents and

  7         others; providing authority to accept grants

  8         and other available funds; providing conditions

  9         for cessation of a college of law; authorizing

10         certain scholarship recipients to attend a

11         college of law prior to its accreditation;

12         providing an effective date.

13

14         WHEREAS, this state does not provide adequate access to

15  public colleges of law to meet the growing demands of its

16  residents for legal education, and

17         WHEREAS, the residents of this state have not been

18  afforded sufficient opportunities to obtain a public legal

19  education and a need exists for colleges of law within the

20  State University System which can serve this demand, and

21         WHEREAS, minorities are not represented in proper

22  proportion with the practicing bar of this state, and

23         WHEREAS, additional public law schools, if established,

24  should be administered by the public universities whose

25  student enrollment best exemplifies the extent of diversity

26  within the total minority community in the state, and

27         WHEREAS, there are currently no part-time-study

28  programs at the existing public law schools, and

29  part-time-study programs attract significant numbers of

30  minority law school students, NOW, THEREFORE,

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    Florida Senate - 2000                             CS for SB 68
    309-2194-00




  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  (1)  A college of law is authorized at

  4  Florida International University.

  5         (2)  The college of law at Florida International

  6  University must be operated in compliance with the standards

  7  approved by nationally recognized associations for accredited

  8  colleges of law.

  9         (3)  The Board of Regents shall commence the planning

10  of a college of law at Florida International University. In

11  planning the college of law, the Board of Regents and the

12  State Board of Education may accept grants, donations, gifts,

13  and moneys available for this purpose, including moneys for

14  planning and constructing the college. The Board of Regents

15  may procure and accept any federal funds that are available

16  for the planning, creation, and establishment of the college

17  of law. Classes must commence by January 1, 2002. If the

18  college of law at Florida International University receives a

19  third disapproval of its application for provisional approval

20  or for full approval from the American Bar Association or any

21  other nationally recognized association for the accreditation

22  of colleges of law, the Board of Regents, or other relevant

23  agency, shall determine whether the college of law will cease

24  operations at the end of the full academic year subsequent to

25  the receipt by the college of law of any such third

26  disapproval, or whether the college of law will continue

27  operations, and any conditions for continued operations. If

28  the Board of Regents, or other relevant agency, elects to

29  cease operations of the college of law pursuant to this

30  section, the following conditions apply:

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    Florida Senate - 2000                             CS for SB 68
    309-2194-00




  1         (a)  The authority for the college of law at Florida

  2  International University and the authority of the Board of

  3  Regents and the State Board of Education provided in this

  4  section terminate upon the cessation of operations of the

  5  college of law at Florida International University. The

  6  college of law at Florida International University shall

  7  receive no moneys allocated for the planning, construction, or

  8  operation of the college of law after its cessation of

  9  operations other than moneys to be expended for the cessation

10  of operations of the college of law. Any moneys allocated to

11  the college of law at Florida International University not

12  expended prior to or scheduled to be expended after the date

13  of the cessation of the college of law shall be appropriated

14  for other use by the Legislature of the State of Florida.

15         (b)  Any buildings of the college of law at Florida

16  International University constructed from the expenditure of

17  capital outlay funds appropriated by the Legislature shall be

18  owned and managed by the Board of Regents upon the cessation

19  of the college of law.

20

21  Nothing in this section shall undermine commitments to current

22  students receiving support as of the date of the enactment of

23  this section from the law school scholarship program of the

24  Florida Education Fund as provided in section 240.498(8),

25  Florida Statutes. Students attending the college of law at

26  Florida International University shall be eligible for

27  financial, academic, or other support from the Florida

28  Education Fund as provided in section 240.498(8), Florida

29  Statutes, without the college's obtaining accreditation by the

30  American Bar Association.

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    Florida Senate - 2000                             CS for SB 68
    309-2194-00




  1         (4)  The college of law at Florida International

  2  University shall be dedicated to providing opportunities for

  3  minorities to attain representation within the legal

  4  profession proportionate to their representation in the

  5  general population; however, the college of law shall not

  6  include preferences in the admissions process for applicants

  7  on the basis of race, national origin, or sex.

  8         Section 2.  (1)  A college of law is authorized at

  9  Florida Agricultural and Mechanical University.

10         (2)  The college of law at Florida Agricultural and

11  Mechanical University must be operated in compliance with the

12  standards approved by nationally recognized associations for

13  accredited colleges of law.

14         (3)  The Board of Regents shall commence the planning

15  of a college of law at Florida Agricultural and Mechanical

16  University. In planning the college of law, the Board of

17  Regents and the State Board of Education may accept grants,

18  donations, gifts, and moneys available for this purpose,

19  including moneys for planning and constructing the college.

20  The Board of Regents may procure and accept any federal funds

21  that are available for the planning, creation, and

22  establishment of the college of law. Classes must commence by

23  January 1, 2002. If the college of law at Florida Agricultural

24  and Mechanical University receives a third disapproval of its

25  application for provisional approval or for full approval from

26  the American Bar Association or any other nationally

27  recognized association for the accreditation of colleges of

28  law, the Board of Regents, or other relevant agency, shall

29  determine whether the college of law shall cease operations at

30  the end of the full academic year subsequent to the receipt by

31  the college of law of any such third disapproval, or whether

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    Florida Senate - 2000                             CS for SB 68
    309-2194-00




  1  the college of law shall continue operations, and any

  2  conditions for continued operations. If the Board of Regents,

  3  or other relevant agency, elects to cease operations of the

  4  college of law pursuant to this section, the following

  5  conditions apply:

  6         (a)  The authority for the college of law at Florida

  7  Agricultural and Mechanical University and the authority of

  8  the Board of Regents and the State Board of Education provided

  9  in this section shall terminate upon the cessation of

10  operations of the college of law at Florida Agricultural and

11  Mechanical University. The college of law at Florida

12  Agricultural and Mechanical University shall receive no moneys

13  allocated for the planning, construction, or operation of the

14  college of law after its cessation of operations other than

15  moneys to be expended for the cessation of operations of the

16  college of law. Any moneys allocated to the college of law at

17  Florida Agricultural and Mechanical University not expended

18  prior to or scheduled to be expended after the date of the

19  cessation of the college of law shall be appropriated for

20  other use by the Legislature of the State of Florida.

21         (b)  Any buildings of the college of law at Florida

22  Agricultural and Mechanical University constructed from the

23  expenditure of capital outlay funds appropriated by the

24  Legislature shall be owned and managed by the Board of Regents

25  upon the cessation of the college of law.

26

27  Nothing in this section shall undermine commitments to current

28  students receiving support as of the date of the enactment of

29  this section from the law school scholarship program of the

30  Florida Education Fund as provided in section 240.498(8),

31  Florida Statutes. Students attending the college of law at

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    Florida Senate - 2000                             CS for SB 68
    309-2194-00




  1  Florida Agricultural and Mechanical University shall be

  2  eligible for financial, academic, or other support from the

  3  Florida Education Fund as provided in section 240.498(8),

  4  Florida Statutes, without the college's obtaining

  5  accreditation by the American Bar Association.

  6         (3)  The college of law at Florida Agricultural and

  7  Mechanical University shall be dedicated to providing

  8  opportunities for minorities to attain representation within

  9  the legal profession proportionate to their representation in

10  the general population; however, the college of law shall not

11  include preferences in the admissions process for applicants

12  on the basis of race, national origin, or sex.

13         Section 3.  This act shall be implemented as provided

14  in the General Appropriations Act.

15         Section 4.  This act shall take effect upon becoming a

16  law.

17

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                          Senate Bill 68

20

21  Provides conditions that apply if either college of law fails
    to attain accreditation after three applications and if the
22  Board of Regents requires the college of law to cease
    operations.
23
    Delays by one year, until January 1, 2002, the date by which
24  classes must commence at the two new colleges of law.

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