Florida Senate - 2009                                    SB 2682
       
       
       
       By Senator Pruitt
       
       
       
       
       28-01583A-09                                          20092682__
    1                        A bill to be entitled                      
    2         An act relating to the Florida College System;
    3         amending s. 20.15, F.S.; providing that the Florida
    4         College System is a division of the Department of
    5         Education in lieu of the community college system;
    6         amending s. 1000.21, F.S.; including “junior college”
    7         and “state college” within the institutions of the
    8         Florida College System; specifying the service areas
    9         of the Florida College System; amending s. 1001.60,
   10         F.S.; providing that an institution in the Florida
   11         College System may change the institution’s name and
   12         use the designation “state college,” in lieu of
   13         “community college,” “junior college,” or "college"
   14         under certain circumstances and according to specified
   15         preconditions; requiring the board of trustees of a
   16         state college that changes the name of an institution
   17         to seek statutory codification of the name change
   18         during the next regular legislative session; amending
   19         s. 1004.65, F.S.; revising the primary mission of the
   20         community college to include providing upper level
   21         instruction and awarding baccalaureate degrees as
   22         specifically authorized by law; repealing s. 1004.875,
   23         F.S., relating to the State College Pilot Project;
   24         amending s. 1007.23, F.S.; requiring that the
   25         statewide articulation agreement provide for the
   26         admission of certain graduates to a state college or
   27         university; providing for a community college
   28         associate in arts graduate to receive priority over
   29         out-of-state students for admission to an institution
   30         within the Florida College System offering upper
   31         division programs; reenacting ss. 121.051(2)(c),
   32         440.491(6)(a), and 961.06(1)(b), F.S., relating to
   33         participation in the Florida Retirement System,
   34         reemploying injured employees, and compensation for
   35         wrongful incarceration, respectively, to incorporate
   36         the amendments made to s. 1000.21, F.S., in references
   37         thereto; providing an effective date.
   38  
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Subsection (3) of section 20.15, Florida
   42  Statutes, is amended to read:
   43         20.15 Department of Education.—There is created a
   44  Department of Education.
   45         (3) DIVISIONS.—The following divisions of the Department of
   46  Education are established:
   47         (a) Division of the Florida College System Community
   48  Colleges.
   49         (b) Division of Public Schools.
   50         (c) Division of Workforce Education.
   51         (d) Division of Vocational Rehabilitation.
   52         (e) Division of Blind Services.
   53         (f) Division of Accountability, Research, and Measurement.
   54         (g) Division of Finance and Operations.
   55         Section 2. Subsection (3) of section 1000.21, Florida
   56  Statutes, is amended to read:
   57         1000.21 Systemwide definitions.—As used in the Florida K-20
   58  Education Code:
   59         (3) “Community college,”“junior college,” or “state
   60  college,” except as otherwise specifically provided, includes
   61  all of the following Florida College System institutions and any
   62  branch campuses, centers, or other affiliates of the
   63  institutions institution:
   64         (a) Brevard Community College, which serves Brevard County.
   65         (b) Broward College, which serves Broward County.
   66         (c) Central Florida Community College, which serves Citrus,
   67  Levy, and Marion Counties.
   68         (d) Chipola College, which serves Calhoun, Holmes, Jackson,
   69  Liberty, and Washington Counties.
   70         (e) Daytona Beach College, which serves Flagler and Volusia
   71  Counties.
   72         (f) Edison College, which serves Charlotte, Collier,
   73  Glades, Hendry, and Lee Counties.
   74         (g) Florida Community College at Jacksonville, which serves
   75  Duval and Nassau Counties.
   76         (h) Florida Keys Community College, which serves Monroe
   77  County.
   78         (i) Gulf Coast Community College, which serves Bay,
   79  Franklin, and Gulf Counties.
   80         (j) Hillsborough Community College, which serves
   81  Hillsborough County.
   82         (k) Indian River State College, which serves Indian River,
   83  Martin, Okeechobee, and St. Lucie Counties.
   84         (l) Lake City Community College, which serves Baker,
   85  Columbia, Dixie, Gilchrist, and Union Counties.
   86         (m) Lake-Sumter Community College, which serves Lake and
   87  Sumter Counties.
   88         (n) Manatee Community College, which serves Manatee and
   89  Sarasota Counties.
   90         (o) Miami Dade College, which serves Miami-Dade County.
   91         (p) North Florida Community College, which serves Hamilton,
   92  Jefferson, Lafayette, Madison, Suwannee, and Taylor Counties.
   93         (q) Northwest Florida State Okaloosa-Walton College, which
   94  serves Okaloosa and Walton Counties.
   95         (r) Palm Beach Community College, which serves Palm Beach
   96  County.
   97         (s) Pasco-Hernando Community College, which serves Hernando
   98  and Pasco Counties.
   99         (t) Pensacola Junior College, which serves Escambia and
  100  Santa Rosa Counties.
  101         (u) Polk College, which serves Polk County.
  102         (v) St. Johns River Community College, which serves Clay,
  103  Putnam, and St. Johns Counties.
  104         (w) St. Petersburg College, which serves Pinellas County.
  105         (x) Santa Fe College, which serves Alachua and Bradford
  106  Counties.
  107         (y) Seminole Community College, which serves Seminole
  108  County.
  109         (z) South Florida Community College, which serves DeSoto,
  110  Hardee, and Highlands Counties.
  111         (aa) Tallahassee Community College, which serves Gadsden,
  112  Leon, and Wakulla Counties.
  113         (bb) Valencia Community College, which serves Orange and
  114  Osceola Counties.
  115         Section 3. Subsection (2) of section 1001.60, Florida
  116  Statutes, is amended to read:
  117         1001.60 Florida College System.—
  118         (2) FLORIDA COLLEGE SYSTEM.—There shall be a single Florida
  119  College System comprised of the public postsecondary educational
  120  institutions identified in s. 1000.21(3) that grant 2-year and
  121  4-year academic degrees as provided by law. An institution
  122  within the Florida College System may not offer graduate degree
  123  programs.
  124         (a) The programs and services offered by institutions in
  125  the Florida College System in providing associate and
  126  baccalaureate degrees shall be delivered in a cost-effective
  127  manner that demonstrates substantial savings to the student and
  128  to the state over the cost of providing the degree at a state
  129  university.
  130         (b)1. With the approval of its the institution’s local
  131  board of trustees, an institution in the Florida College System
  132  may change the institution’s name and use the designation:
  133         1. “State college,in lieu of “community college,” “junior
  134  college,” or “college,” if it has been authorized to grant
  135  baccalaureate degrees pursuant to s. 1004.73 or s. 1007.33 and
  136  has been accredited as a baccalaureate-degree-granting program
  137  by the Commission on Colleges of the Southern Association of
  138  Colleges and Schools; or
  139         2.“College,” in lieu of “community college,” or “junior
  140  college,” if it receives has received approval from the State
  141  Board of Education and pursuant to this paragraph.
  142         2.With the approval of an institution’s local board of
  143  trustees, any institution in the Florida College System may
  144  request approval from the State Board of Education to change the
  145  institution’s name and use the designation “college.” The State
  146  Board of Education may approve the request if the institution
  147  enters into an agreement with the State Board of Education to do
  148  the following:
  149         a. Maintain as its the institution’s primary mission
  150  responsibility for responding to community needs for
  151  postsecondary academic education and career degree education as
  152  prescribed in s. 1004.65(6).
  153         b. Maintain an open-door admissions policy for associate
  154  level degree programs and workforce education programs.
  155         c. Continue to provide outreach to underserved populations.
  156         d. Continue to provide remedial education.
  157         e. Comply with all provisions of the statewide articulation
  158  agreement that relate to 2-year and 4-year public degree
  159  granting institutions as adopted by the State Board of Education
  160  pursuant to s. 1007.23.
  161         (c)A board of trustees that changes the name of an
  162  institution under paragraph (b) shall seek statutory
  163  codification of the name change in s. 1000.21(3) during the next
  164  regular legislative session.
  165         (d)3. An institution in the Florida College System shall
  166  not use the designation “university.”
  167         Section 4. Subsections (6) and (7) of section 1004.65,
  168  Florida Statutes, are amended to read:
  169         1004.65 Community colleges; definition, mission, and
  170  responsibilities.—
  171         (6) The primary mission and responsibility of community
  172  colleges is responding to community needs for postsecondary
  173  academic education and career degree education. This mission and
  174  responsibility includes being responsible for:
  175         (a) Providing lower level undergraduate instruction and
  176  awarding associate degrees.
  177         (b) Preparing students directly for careers requiring less
  178  than baccalaureate degrees. This may include preparing for job
  179  entry, supplementing of skills and knowledge, and responding to
  180  needs in new areas of technology. Career education in the
  181  community college shall consist of career certificates, credit
  182  courses leading to associate in science degrees and associate in
  183  applied science degrees, and other programs in fields requiring
  184  substantial academic work, background, or qualifications. A
  185  community college may offer career education programs in fields
  186  having lesser academic or technical requirements.
  187         (c) Providing student development services, including
  188  assessment, student tracking, support for disabled students,
  189  advisement, counseling, financial aid, career development, and
  190  remedial and tutorial services, to ensure student success.
  191         (d) Promoting economic development for the state within
  192  each community college district through the provision of special
  193  programs, including, but not limited to, the:
  194         1. Enterprise Florida-related programs.
  195         2. Technology transfer centers.
  196         3. Economic development centers.
  197         4. Workforce literacy programs.
  198         (e) Providing dual enrollment instruction.
  199         (f)Providing upper level instruction and awarding
  200  baccalaureate degrees as specifically authorized by law.
  201         (7) A separate and secondary role for community colleges
  202  includes:
  203         (a)Providing upper level instruction and awarding
  204  baccalaureate degrees as specifically authorized by law.
  205         (b) the offering of programs in:
  206         (a)1. Community services that are not directly related to
  207  academic or occupational advancement.
  208         (b)2. Adult general education.
  209         (c)3. Recreational and leisure services.
  210         Section 5. Section 1004.875, Florida Statutes, is repealed.
  211         Section 6. Subsection (2) of section 1007.23, Florida
  212  Statutes, is amended to read:
  213         1007.23 Statewide articulation agreement.—
  214         (2) The articulation agreement must specifically provide
  215  that every associate in arts graduate of a community college
  216  shall have met all general education requirements and must be
  217  granted admission to the upper division of a state college or
  218  university, except for to a limited access or teacher
  219  certification program or a major program requiring an audition.
  220  Community college associate in arts graduates shall receive
  221  priority for admission to an institution within the Florida
  222  College System which offers upper division programs or a state
  223  university over out-of-state students. Orientation programs and
  224  student handbooks provided to freshman enrollees and transfer
  225  students at state universities must include an explanation of
  226  this provision of the articulation agreement.
  227         Section 7. For the purpose of incorporating the amendment
  228  made by this act to section 1000.21, Florida Statutes, in a
  229  reference thereto, paragraph (c) of subsection (2) of section
  230  121.051, Florida Statutes, is reenacted to read:
  231         121.051 Participation in the system.—
  232         (2) OPTIONAL PARTICIPATION.—
  233         (c) Employees of public community colleges or charter
  234  technical career centers sponsored by public community colleges,
  235  as designated in s. 1000.21(3), who are members of the Regular
  236  Class of the Florida Retirement System and who comply with the
  237  criteria set forth in this paragraph and in s. 1012.875 may
  238  elect, in lieu of participating in the Florida Retirement
  239  System, to withdraw from the Florida Retirement System
  240  altogether and participate in an optional retirement program
  241  provided by the employing agency under s. 1012.875, to be known
  242  as the State Community College System Optional Retirement
  243  Program. Pursuant thereto:
  244         1. Through June 30, 2001, the cost to the employer for such
  245  annuity shall equal the normal cost portion of the employer
  246  retirement contribution which would be required if the employee
  247  were a member of the Regular Class defined benefit program, plus
  248  the portion of the contribution rate required by s. 112.363(8)
  249  that would otherwise be assigned to the Retiree Health Insurance
  250  Subsidy Trust Fund. Effective July 1, 2001, each employer shall
  251  contribute on behalf of each participant in the optional program
  252  an amount equal to 10.43 percent of the participant’s gross
  253  monthly compensation. The employer shall deduct an amount to
  254  provide for the administration of the optional retirement
  255  program. The employer providing the optional program shall
  256  contribute an additional amount to the Florida Retirement System
  257  Trust Fund equal to the unfunded actuarial accrued liability
  258  portion of the Regular Class contribution rate.
  259         2. The decision to participate in such an optional
  260  retirement program shall be irrevocable for as long as the
  261  employee holds a position eligible for participation, except as
  262  provided in subparagraph 3. Any service creditable under the
  263  Florida Retirement System shall be retained after the member
  264  withdraws from the Florida Retirement System; however,
  265  additional service credit in the Florida Retirement System shall
  266  not be earned while a member of the optional retirement program.
  267         3. An employee who has elected to participate in the
  268  optional retirement program shall have one opportunity, at the
  269  employee’s discretion, to choose to transfer from the optional
  270  retirement program to the defined benefit program of the Florida
  271  Retirement System or to the Public Employee Optional Retirement
  272  Program, subject to the terms of the applicable optional
  273  retirement program contracts.
  274         a. If the employee chooses to move to the Public Employee
  275  Optional Retirement Program, any contributions, interest, and
  276  earnings creditable to the employee under the State Community
  277  College System Optional Retirement Program shall be retained by
  278  the employee in the State Community College System Optional
  279  Retirement Program, and the applicable provisions of s.
  280  121.4501(4) shall govern the election.
  281         b. If the employee chooses to move to the defined benefit
  282  program of the Florida Retirement System, the employee shall
  283  receive service credit equal to his or her years of service
  284  under the State Community College System Optional Retirement
  285  Program.
  286         (I) The cost for such credit shall be an amount
  287  representing the present value of that employee’s accumulated
  288  benefit obligation for the affected period of service. The cost
  289  shall be calculated as if the benefit commencement occurs on the
  290  first date the employee would become eligible for unreduced
  291  benefits, using the discount rate and other relevant actuarial
  292  assumptions that were used to value the Florida Retirement
  293  System defined benefit plan liabilities in the most recent
  294  actuarial valuation. The calculation shall include any service
  295  already maintained under the defined benefit plan in addition to
  296  the years under the State Community College System Optional
  297  Retirement Program. The present value of any service already
  298  maintained under the defined benefit plan shall be applied as a
  299  credit to total cost resulting from the calculation. The
  300  division shall ensure that the transfer sum is prepared using a
  301  formula and methodology certified by an enrolled actuary.
  302         (II) The employee must transfer from his or her State
  303  Community College System Optional Retirement Program account and
  304  from other employee moneys as necessary, a sum representing the
  305  present value of that employee’s accumulated benefit obligation
  306  immediately following the time of such movement, determined
  307  assuming that attained service equals the sum of service in the
  308  defined benefit program and service in the State Community
  309  College System Optional Retirement Program.
  310         4. Participation in the optional retirement program shall
  311  be limited to those employees who satisfy the following
  312  eligibility criteria:
  313         a. The employee must be otherwise eligible for membership
  314  or renewed membership in the Regular Class of the Florida
  315  Retirement System, as provided in s. 121.021(11) and (12) or s.
  316  121.122.
  317         b. The employee must be employed in a full-time position
  318  classified in the Accounting Manual for Florida’s Public
  319  Community Colleges as:
  320         (I) Instructional; or
  321         (II) Executive Management, Instructional Management, or
  322  Institutional Management, if a community college determines that
  323  recruiting to fill a vacancy in the position is to be conducted
  324  in the national or regional market, and:
  325         (A) The duties and responsibilities of the position include
  326  either the formulation, interpretation, or implementation of
  327  policies; or
  328         (B) The duties and responsibilities of the position include
  329  the performance of functions that are unique or specialized
  330  within higher education and that frequently involve the support
  331  of the mission of the community college.
  332         c. The employee must be employed in a position not included
  333  in the Senior Management Service Class of the Florida Retirement
  334  System, as described in s. 121.055.
  335         5. Participants in the program are subject to the same
  336  reemployment limitations, renewed membership provisions, and
  337  forfeiture provisions as are applicable to regular members of
  338  the Florida Retirement System under ss. 121.091(9), 121.122, and
  339  121.091(5), respectively.
  340         6. Eligible community college employees shall be compulsory
  341  members of the Florida Retirement System until, pursuant to the
  342  procedures set forth in s. 1012.875, a written election to
  343  withdraw from the Florida Retirement System and to participate
  344  in the State Community College System Optional Retirement
  345  Program is filed with the program administrator and received by
  346  the division.
  347         a. Any community college employee whose program eligibility
  348  results from initial employment shall be enrolled in the State
  349  Community College System Optional Retirement Program retroactive
  350  to the first day of eligible employment. The employer retirement
  351  contributions paid through the month of the employee plan change
  352  shall be transferred to the community college for the employee’s
  353  optional program account, and, effective the first day of the
  354  next month, the employer shall pay the applicable contributions
  355  based upon subparagraph 1.
  356         b. Any community college employee whose program eligibility
  357  results from a change in status due to the subsequent
  358  designation of the employee’s position as one of those specified
  359  in subparagraph 4. or due to the employee’s appointment,
  360  promotion, transfer, or reclassification to a position specified
  361  in subparagraph 4. shall be enrolled in the program upon the
  362  first day of the first full calendar month that such change in
  363  status becomes effective. The employer retirement contributions
  364  paid from the effective date through the month of the employee
  365  plan change shall be transferred to the community college for
  366  the employee’s optional program account, and, effective the
  367  first day of the next month, the employer shall pay the
  368  applicable contributions based upon subparagraph 1.
  369         7. Effective July 1, 2003, through December 31, 2008, any
  370  participant of the State Community College System Optional
  371  Retirement Program who has service credit in the defined benefit
  372  plan of the Florida Retirement System for the period between his
  373  or her first eligibility to transfer from the defined benefit
  374  plan to the optional retirement program and the actual date of
  375  transfer may, during his or her employment, elect to transfer to
  376  the optional retirement program a sum representing the present
  377  value of the accumulated benefit obligation under the defined
  378  benefit retirement program for such period of service credit.
  379  Upon such transfer, all such service credit previously earned
  380  under the defined benefit program of the Florida Retirement
  381  System during this period shall be nullified for purposes of
  382  entitlement to a future benefit under the defined benefit
  383  program of the Florida Retirement System.
  384         Section 8. For the purpose of incorporating the amendment
  385  made by this act to section 1000.21, Florida Statutes, in a
  386  reference thereto, paragraph (a) of subsection (6) of section
  387  440.491, Florida Statutes, is reenacted to read:
  388         440.491 Reemployment of injured workers; rehabilitation.—
  389         (6) TRAINING AND EDUCATION.—
  390         (a) Upon referral of an injured employee by the carrier, or
  391  upon the request of an injured employee, the department shall
  392  conduct a training and education screening to determine whether
  393  it should refer the employee for a vocational evaluation and, if
  394  appropriate, approve training and education or other vocational
  395  services for the employee. The department may not approve formal
  396  training and education programs unless it determines, after
  397  consideration of the reemployment assessment, pertinent
  398  reemployment status reviews or reports, and such other relevant
  399  factors as it prescribes by rule, that the reemployment plan is
  400  likely to result in return to suitable gainful employment. The
  401  department is authorized to expend moneys from the Workers’
  402  Compensation Administration Trust Fund, established by s.
  403  440.50, to secure appropriate training and education at a
  404  community college as designated in s. 1000.21(3) or at a career
  405  center established under s. 1001.44, or to secure other
  406  vocational services when necessary to satisfy the recommendation
  407  of a vocational evaluator. As used in this paragraph,
  408  “appropriate training and education” includes securing a general
  409  education diploma (GED), if necessary. The department shall
  410  establish training and education standards pertaining to
  411  employee eligibility, course curricula and duration, and
  412  associated costs.
  413         Section 9. For the purpose of incorporating the amendment
  414  made by this act to section 1000.21, Florida Statutes, in a
  415  reference thereto, paragraph (b) of subsection (1) of section
  416  961.06, Florida Statutes, is reenacted to read:
  417         961.06 Compensation for wrongful incarceration.—
  418         (1) Except as otherwise provided in this act and subject to
  419  the limitations and procedures prescribed in this section, a
  420  person who is found to be entitled to compensation under the
  421  provisions of this act is entitled to:
  422         (b) A waiver of tuition and fees for up to 120 hours of
  423  instruction at any career center established under s. 1001.44,
  424  any community college as defined in s. 1000.21(3), or any state
  425  university as defined in s. 1000.21(6), if the wrongfully
  426  incarcerated person meets and maintains the regular admission
  427  requirements of such career center, community college, or state
  428  university; remains registered at such educational institution;
  429  and makes satisfactory academic progress as defined by the
  430  educational institution in which the claimant is enrolled;
  431  
  432  The total compensation awarded under paragraphs (a), (c), and
  433  (d) may not exceed $2 million. No further award for attorney’s
  434  fees, lobbying fees, costs, or other similar expenses shall be
  435  made by the state.
  436         Section 10. This act shall take effect upon becoming a law.