ENROLLED

2008 LegislatureCS for CS for SB 1716, 3rd Engrossed

20081716er

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An act relating to postsecondary education; amending s.

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1000.21, F.S.; redesignating the names of certain

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community colleges as colleges; creating s. 1001.60, F.S.;

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establishing the Florida College System to be comprised of

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public postsecondary educational institutions meeting

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certain criteria; providing system purposes; providing

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limitations; authorizing the name change of an institution

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under certain conditions; providing for local boards of

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trustees and membership thereof; amending s. 1004.35,

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F.S.; conforming provisions; creating s. 1004.87, F.S.;

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establishing the Florida College System Task Force for the

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purpose of developing recommendations for the transition

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of community colleges to baccalaureate-degree-granting

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colleges and for establishing and funding state colleges;

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providing for membership and appointments; providing

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duties of the task force; requiring reporting; providing

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for dissolution of the task force; creating s. 1004.875,

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F.S.; creating the State College Pilot Project for the

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purpose of developing recommendations for the transition

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of community colleges to state colleges and for developing

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a funding model for the Florida College System;

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designating certain institutions to participate in the

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pilot project; providing duties of the institutions;

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requiring reporting; providing an effective date.

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

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     Section 1.  Paragraphs (b), (e), (k), (u), and (x) of

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subsection (3) of section 1000.21, Florida Statutes, are amended

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to read:

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     1000.21  Systemwide definitions.--As used in the Florida K-

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20 Education Code:

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     (3)  "Community college," except as otherwise specifically

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provided, includes the following institutions and any branch

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campuses, centers, or other affiliates of the institution:

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     (b) Broward Community College.

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     (e) Daytona Beach Community College.

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     (k) Indian River Community College.

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     (u) Polk Community College.

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     (x) Santa Fe Community College.

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     Section 2.  Section 1001.60, Florida Statutes, is created to

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read:

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     1001.60 Florida College System.--

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     (1) PURPOSES.--In order to maximize open access for

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students, respond to community needs for postsecondary academic

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education and career degree education, and provide associate and

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baccalaureate degrees that will best meet the state's employment

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needs, the Legislature establishes a system of governance for the

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Florida College System.

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     (2) FLORIDA COLLEGE SYSTEM.--There shall be a single

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Florida College System comprised of the public postsecondary

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educational institutions identified in s. 1000.21(3) that grant

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2-year and 4-year academic degrees as provided by law. An

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institution within the Florida College System may not offer

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graduate degree programs.

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     (a) The programs and services offered by institutions in

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the Florida College System in providing associate and

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baccalaureate degrees shall be delivered in a cost-effective

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manner that demonstrates substantial savings to the student and

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to the state over the cost of providing the degree at a state

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university.

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     (b)1. With the approval of the institution's local board of

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trustees, an institution in the Florida College System may change

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the institution's name and use the designation "college" if it

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has been authorized to grant baccalaureate degrees pursuant to s.

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1004.73 or s. 1007.33 or if it has received approval from the

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State Board of Education pursuant to this paragraph.

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     2. With the approval of an institution's local board of

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trustees, any institution in the Florida College System may

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request approval from the State Board of Education to change the

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institution's name and use the designation "college." The State

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Board of Education may approve the request if the institution

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enters into an agreement with the State Board of Education to do

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the following:

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     a. Maintain as the institution's primary mission

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responsibility for responding to community needs for

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postsecondary academic education and career degree education as

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prescribed in s. 1004.65(6).

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     b. Maintain an open-door admissions policy for associate-

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level degree programs and workforce education programs.

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     c. Continue to provide outreach to underserved populations.

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     d. Continue to provide remedial education.

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     e. Comply with all provisions of the statewide articulation

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agreement that relate to 2-year and 4-year public degree-granting

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institutions as adopted by the State Board of Education pursuant

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to s. 1007.23.

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     3. An institution in the Florida College System shall not

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use the designation "university."

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     (3) LOCAL BOARDS OF TRUSTEES.--Each institution within the

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Florida College System shall be governed by a local board of

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trustees as provided in s. 1001.64. The membership of each local

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board of trustees shall be as provided in s. 1001.61.

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     Section 3.  Section 1004.35, Florida Statutes, is amended to

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read:

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     1004.35  Broward County campuses of Florida Atlantic

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University; coordination with other institutions.--The State

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Board of Education, the Board of Governors, and Florida Atlantic

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University shall consult with Broward Community College and

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Florida International University in coordinating course offerings

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at the postsecondary level in Broward County. Florida Atlantic

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University may contract with the Board of Trustees of Broward

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Community College and with Florida International University to

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provide instruction in courses offered at the Southeast Campus.

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Florida Atlantic University shall increase course offerings at

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the Southeast Campus as facilities become available.

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     Section 4.  Section 1004.87, Florida Statutes, is created to

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read:

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     1004.87 Florida College System Task Force.--

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     (1) The Florida College System Task Force is established

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within the Division of Community Colleges of the Department of

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Education for the purpose of developing findings and issuing

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recommendations regarding the transition of community colleges to

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baccalaureate-degree-granting colleges and the criteria for

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establishing and funding state colleges.

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     (2)(a) All members of the task force must be appointed on

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or before August 31, 2008, and the task force shall hold its

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first meeting on or before September 15, 2008.

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     (b)1. The task force shall be comprised of the Commissioner

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of Education and 11 members appointed by the Commissioner.

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     2. The Commissioner of Education shall be the chair and a

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voting member of the task force.

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     3. The appointees shall include seven community college

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presidents, one state university president, the president of an

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institution that is eligible to participate in the William L.

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Boyd, IV, Florida Resident Access Grant Program, the president of

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an institution that is licensed by the Commission for Independent

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Education and grants baccalaureate degrees, and one member at

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large. The community college presidents appointed to the task

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force may not include the presidents of the institutions named to

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participate in the State College Pilot Project. The community

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college presidents appointed to the task force must reflect the

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diversity of program offerings and service areas of the 28

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community colleges and include representatives of community

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colleges that are authorized to grant baccalaureate degrees,

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community colleges that are not authorized to grant baccalaureate

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degrees, community colleges that have urban service areas,

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community colleges that have rural service areas, community

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colleges the service areas of which have populations of 500,000

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or more, and community colleges the service areas of which have

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populations of fewer than 500,000.

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     (3) The task force shall:

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     (a) Recommend a program approval process for new

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baccalaureate degree programs that are designed to meet the

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employment needs of Florida, including approval as a

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baccalaureate-degree-granting community college and as a state

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college.

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     (b) Recommend a funding model that considers projected

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enrollment, adjustments for actual enrollment, program mix, and

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comparable support for similar programs across all institutions,

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including state colleges and community colleges authorized by the

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State Board of Education to award baccalaureate degrees pursuant

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to s. 1007.33. The funding model must ensure that the programs

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and services offered by institutions in the Florida College

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System in providing associate and baccalaureate degrees are

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delivered in a cost-effective manner that demonstrates

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substantial savings to the student and to the state over the cost

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of providing the degree at a state university.

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     (c) Identify the areas, both geographic and academic, in

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which an increased number of graduates who have baccalaureate

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degrees are necessary in order to meet regional and statewide

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workforce needs.

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     (d) Monitor implementation of the State College Pilot

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Project.

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     (e) Recommend priorities and criteria for baccalaureate

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programs that may be offered without specific approval by the

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State Board of Education.

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     (4) Any recommendation from the task force to the

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Legislature requires approval by at least three-fourths of the

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membership of the task force.

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     (5) The task force shall be staffed by existing employees

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of the Division of Community Colleges.

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     (6)(a) Community colleges, state universities, the

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Commission for Independent Education, and the Agency for

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Workforce Innovation shall provide information and assistance to

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the task force.

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     (b) Independent postsecondary educational institutions,

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representatives of the business community, and other stakeholders

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are encouraged to provide the task force with information to

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assist the task force in its deliberations.

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     (7) The task force shall submit a report and

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recommendations to the Governor, the State Board of Education,

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the President of the Senate, and the Speaker of the House of

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Representatives by March 2, 2009. The report must include any

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comments from the task force regarding the final report resulting

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from the State College Pilot Project and any specific

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recommendations of the task force for legislative action during

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the 2009 Regular Session of the Legislature.

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     (8) The task force shall be dissolved effective June 30,

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2010, prior to which time it shall issue its final report with

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recommended detailed criteria for implementing the Florida

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College System as a permanent part of the state system of higher

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education.

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     Section 5.  Section 1004.875, Florida Statutes, is created

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to read:

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     1004.875 State College Pilot Project.--

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     (1) The Legislature finds that it is in the best interest

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of the state to provide the residents of the state affordable

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access to baccalaureate degree programs that are designed to meet

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regional and statewide employment needs.

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     (2)(a) Beginning with the 2008-2009 fiscal year, the State

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College Pilot Project is created, which shall be conducted by

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Chipola College, Daytona Beach College, Edison College, Indian

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River College, Miami Dade College, Okaloosa-Walton College, Polk

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College, Santa Fe College, and St. Petersburg College in

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collaboration with the Florida College System Task Force. The

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purpose of the pilot project is to recommend to the Legislature

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an approval process for the transition of baccalaureate-degree-

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granting community colleges to state colleges in order to meet

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the employment needs of Florida, criteria for the transition of

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institutions in the Florida College System to state colleges, and

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a funding model for the Florida College System.

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     (b) With the approval of the community college's board of

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trustees and continued compliance with the provisions of

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subsection (3), a community college identified in paragraph (a)

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as a participant in the State College Pilot Project may change

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the institution's name and use the designation "state college."

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An institution participating in the State College Pilot Project

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shall not use the designation "university."

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     (3) Each institution identified in subsection (2) as a

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participant in the pilot project shall:

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     (a) Maintain, as the institution's primary mission,

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responsibility for responding to community needs for

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postsecondary academic education and career degree education as

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prescribed in s. 1004.65(6).

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     (b) Maintain an open-door admissions policy for associate-

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level degree programs and workforce education programs.

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     (c)1. Require, as a condition of admission to upper-

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division programs, successful completion of the college-level

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communication and mathematics skills examination (CLAST),

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established pursuant to s. 1008.29, unless the student has been

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awarded an associate degree from a community college or a state

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university.

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     2. For purposes of a longitudinal analysis of the CLAST,

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and notwithstanding any other provision of law to the contrary,

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administer the CLAST to each student admitted to an upper-

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division program unless the student has previously achieved the

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minimum scores that constitute successful completion of the

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examination as established pursuant to s. 1008.29(4). The

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institution shall report annually the test scores of each student

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tested pursuant to the provisions of this subparagraph and any

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exemption the student has been provided pursuant to s. 1008.29(9)

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to the Florida College System Task Force until its dissolution,

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to the State Board of Education once the task force is dissolved,

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and to the Office of Program Policy Analysis and Government

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Accountability.

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     (d) Continue to provide outreach to underserved

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populations.

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     (e) Continue to provide remedial education.

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     (f) Comply with all provisions of the statewide

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articulation agreement that relate to 2-year and 4-year public

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degree-granting institutions as adopted by the State Board of

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Education pursuant to s. 1007.23.

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     (g) Be prohibited from awarding graduate credit or graduate

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degrees.

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     (h) Be prohibited from participating in intercollegiate

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athletics beyond the 2-year level.

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     (i) Deliver the programs and services in providing

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associate and baccalaureate degrees in a cost-effective manner

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that demonstrates substantial savings to the student and to the

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state over the cost of providing the degree at a state

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university.

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     (4)(a) The institutions participating in the pilot project

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shall collaborate with the Florida College System Task Force to

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make recommendations to the State Board of Education, the

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President of the Senate, and the Speaker of the House of

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Representatives on specific issues that should be addressed in

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the transition of a community college to a state college. Any

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recommendations of the institutions participating in the pilot

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project require approval by two-thirds of the participating

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institutions. At a minimum, the following areas should be

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addressed during the course of the pilot project:

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     1. The development of a program approval process to be

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followed by the State Board of Education when considering

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proposals for new baccalaureate degree programs that are designed

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to meet the employment needs of Florida. Proposals for new

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baccalaureate degree programs are not limited to proposals

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designed to meet regional workforce needs.

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     2. The formulation of criteria for the transition of an

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institution from a community college to a state college.

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     3. The development of a funding model for state colleges.

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     (b) A final report, including a status report on the

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transition of the institutions participating in the pilot project

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and recommendations on the issues outlined in paragraph (a),

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shall be submitted to the State Board of Education, the President

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of the Senate, the Speaker of the House of Representatives, and

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the Florida College System Task Force by January 1, 2009.

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     Section 6.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.