ENROLLED
       2009 Legislature            CS for CS for SB 2682, 2nd Engrossed
       
       
       
       
       
       
                                                             20092682er
    1  
    2         An act relating to the Florida College System;
    3         amending s. 20.15, F.S.; renaming the Division of
    4         Community Colleges as the Division of Florida
    5         Colleges; amending s. 1000.21, F.S.; defining the
    6         terms “Florida college” and “community college”;
    7         specifying the counties served by each Florida
    8         college; renaming specified Florida colleges; amending
    9         s. 1001.60, F.S.; providing that the Florida College
   10         System consists of specified Florida colleges;
   11         authorizing a Florida college to change the
   12         institution’s name to include “college” or “state
   13         college” under specified circumstances; requiring the
   14         district board of trustees to seek statutory
   15         codification of name changes; conforming provisions to
   16         changes made by the act; amending s. 1004.65, F.S.;
   17         providing that each Florida college shall be governed
   18         by a district board of trustees; defining a Florida
   19         college district; providing that the open-door
   20         admission policy of Florida colleges applies to lower
   21         division programs; providing that the primary mission
   22         of Florida colleges includes the provision of upper
   23         level instruction and baccalaureate degrees as
   24         authorized by law; conforming provisions to changes
   25         made by the act; repealing s. 1004.73, F.S., relating
   26         to St. Petersburg College; repealing s. 1004.875,
   27         F.S., relating to the State College Pilot Project;
   28         amending s. 1007.23, F.S.; providing that associate in
   29         arts graduates of Florida colleges must be granted
   30         admission to the upper division of a Florida college
   31         and shall receive priority for such admission over
   32         out-of-state students; requiring specified
   33         publications of Florida colleges and state
   34         universities to include certain information;
   35         conforming provisions to changes made by the act;
   36         amending s. 1007.33, F.S.; providing a definition for
   37         the term “district”; providing that Florida colleges
   38         may offer specified baccalaureate degree programs
   39         through agreements with regionally accredited
   40         postsecondary educational institutions; authorizing
   41         Florida colleges to offer baccalaureate degree
   42         programs authorized by law prior to the act’s
   43         effective date; requiring State Board of Education
   44         approval for baccalaureate degree programs proposed by
   45         a Florida college after the act’s effective date;
   46         specifying the purposes for which a baccalaureate
   47         degree program may be proposed; providing an exemption
   48         from the requirement for State Board of Education
   49         approval for specified baccalaureate degree programs
   50         offered by St. Petersburg College; authorizing the
   51         Division of Florida Colleges to accept and review
   52         applications from Florida colleges to obtain an
   53         exemption from the requirement for State Board of
   54         Education approval if certain conditions are met;
   55         providing eligibility criteria for such exemption;
   56         requiring that the division recommend an institution
   57         for exemption to the board; requiring that the board
   58         review such recommendation for approval or
   59         disapproval; requiring that all Florida Colleges
   60         engage in need, demand, and impact discussions;
   61         requiring that documentation, data, and other
   62         information be provided to certain educational
   63         entities; providing for a compliance review of
   64         approved baccalaureate degree programs; specifying the
   65         approval process for baccalaureate degree programs;
   66         specifying contents of a proposal for a baccalaureate
   67         degree program; specifying requirements for Florida
   68         colleges offering baccalaureate degree programs;
   69         requiring that the State Board of Education adopt
   70         specified rules; conforming provisions to changes made
   71         by the act; amending ss.120.65, 288.8175, 1001.61,
   72         1004.70, 1004.87, and 1009.23, F.S.; conforming
   73         provisions to changes made by the act; providing an
   74         effective date.
   75  
   76  Be It Enacted by the Legislature of the State of Florida:
   77  
   78         Section 1. Paragraph (a) of subsection (3) of section
   79  20.15, Florida Statutes, is amended to read:
   80         20.15 Department of Education.—There is created a
   81  Department of Education.
   82         (3) DIVISIONS.—The following divisions of the Department of
   83  Education are established:
   84         (a) Division of Florida Community Colleges.
   85         Section 2. Subsection (3) of section 1000.21, Florida
   86  Statutes, is amended to read:
   87         1000.21 Systemwide definitions.—As used in the Florida K-20
   88  Education Code:
   89         (3) “Florida college” or “community college,” except as
   90  otherwise specifically provided, includes all of the following
   91  public postsecondary educational institutions in the Florida
   92  College System and any branch campuses, centers, or other
   93  affiliates of the institution:
   94         (a) Brevard Community College, which serves Brevard County.
   95         (b) Broward College, which serves Broward County.
   96         (c) Central Florida Community College, which serves Citrus,
   97  Levy, and Marion Counties.
   98         (d) Chipola College, which serves Calhoun, Holmes, Jackson,
   99  Liberty, and Washington Counties.
  100         (e) Daytona State Beach College, which serves Flagler and
  101  Volusia Counties.
  102         (f) Edison State College, which serves Charlotte, Collier,
  103  Glades, Hendry, and Lee Counties.
  104         (g) Florida State Community College at Jacksonville, which
  105  serves Duval and Nassau Counties.
  106         (h) Florida Keys Community College, which serves Monroe
  107  County.
  108         (i) Gulf Coast Community College, which serves Bay,
  109  Franklin, and Gulf Counties.
  110         (j) Hillsborough Community College, which serves
  111  Hillsborough County.
  112         (k) Indian River State College, which serves Indian River,
  113  Martin, Okeechobee, and St. Lucie Counties.
  114         (l) Lake City Community College, which serves Baker,
  115  Columbia, Dixie, Gilchrist, and Union Counties.
  116         (m) Lake-Sumter Community College, which serves Lake and
  117  Sumter Counties.
  118         (n) State College of Florida, Manatee-Sarasota, which
  119  serves Manatee and Sarasota Counties Manatee Community College.
  120         (o) Miami Dade College, which serves Miami-Dade County.
  121         (p) North Florida Community College, which serves Hamilton,
  122  Jefferson, Lafayette, Madison, Suwannee, and Taylor Counties.
  123         (q) Northwest Florida State Okaloosa-Walton College, which
  124  serves Okaloosa and Walton Counties.
  125         (r) Palm Beach Community College, which serves Palm Beach
  126  County.
  127         (s) Pasco-Hernando Community College, which serves Hernando
  128  and Pasco Counties.
  129         (t) Pensacola Junior College, which serves Escambia and
  130  Santa Rosa Counties.
  131         (u) Polk State College, which serves Polk County.
  132         (v) St. Johns River Community College, which serves Clay,
  133  Putnam, and St. Johns Counties.
  134         (w) St. Petersburg College, which serves Pinellas County.
  135         (x) Santa Fe College, which serves Alachua and Bradford
  136  Counties.
  137         (y) Seminole Community College, which serves Seminole
  138  County.
  139         (z) South Florida Community College, which serves DeSoto,
  140  Hardee, and Highlands Counties.
  141         (aa) Tallahassee Community College, which serves Gadsden,
  142  Leon, and Wakulla Counties.
  143         (bb) Valencia Community College, which serves Orange and
  144  Osceola Counties.
  145         Section 3. Subsection (2) of section 1001.60, Florida
  146  Statutes, is amended to read:
  147         1001.60 Florida College System.—
  148         (2) FLORIDA COLLEGE SYSTEM.—There shall be a single Florida
  149  College System comprised of the Florida colleges public
  150  postsecondary educational institutions identified in s.
  151  1000.21(3) that grant 2-year and 4-year academic degrees as
  152  provided by law. A An institution within the Florida college
  153  System may not offer graduate degree programs.
  154         (a) The programs and services offered by institutions in
  155  the Florida colleges College System in providing associate and
  156  baccalaureate degrees shall be delivered in a cost-effective
  157  manner that demonstrates substantial savings to the student and
  158  to the state over the cost of providing the degree at a state
  159  university.
  160         (b)1. With the approval of its district the institution’s
  161  local board of trustees, a an institution in the Florida college
  162  System may change the institution’s name set forth in s.
  163  1000.21(3) and use the designation “college” or “state college”
  164  if it has been authorized to grant baccalaureate degrees
  165  pursuant to s. 1004.73 or s. 1007.33 and has been accredited as
  166  a baccalaureate-degree-granting institution by the Commission on
  167  Colleges of the Southern Association of Colleges and Schools or
  168  if it has received approval from the State Board of Education
  169  pursuant to this paragraph.
  170         2. With the approval of its district an institution’s local
  171  board of trustees, a any institution in the Florida college that
  172  does not meet the criteria in subparagraph 1. System may request
  173  approval from the State Board of Education to change the
  174  institution’s name set forth in s. 1000.21(3) and use the
  175  designation “college.” The State Board of Education may approve
  176  the request if the Florida college institution enters into an
  177  agreement with the State Board of Education to do the following:
  178         a. Maintain as its the institution’s primary mission
  179  responsibility for responding to community needs for
  180  postsecondary academic education and career degree education as
  181  prescribed in s. 1004.65(5)(6).
  182         b. Maintain an open-door admissions policy for associate
  183  level degree programs and workforce education programs.
  184         c. Continue to provide outreach to underserved populations.
  185         d. Continue to provide remedial education.
  186         e. Comply with all provisions of the statewide articulation
  187  agreement that relate to 2-year and 4-year public degree
  188  granting institutions as adopted by the State Board of Education
  189  pursuant to s. 1007.23.
  190         (c)A district board of trustees that approves a change to
  191  the name of an institution under paragraph (b) must seek
  192  statutory codification of such name change in s. 1000.21(3)
  193  during the next regular legislative session.
  194         (d)3.A An institution in the Florida college may System
  195  shall not use the designation “university.”
  196         Section 4. Section 1004.65, Florida Statutes, is amended to
  197  read:
  198         1004.65 Florida Community colleges; governance definition,
  199  mission, and responsibilities.—
  200         (1) Each Florida college Community colleges shall be
  201  governed consist of all public educational institutions operated
  202  by a community college district board boards of trustees under
  203  statutory authority and rules of the State Board of Education.
  204         (2) Each Florida community college district shall:
  205         (a)Consist of the county or counties served by the Florida
  206  college pursuant to s. 1000.21(3).
  207         (b)Be authorized by law and the Department of Education is
  208  an independent, separate, legal entity created for the operation
  209  of a Florida community college.
  210         (3)A community college may provide adult education
  211  services, including adult basic education, adult general
  212  education, adult secondary education, and General Educational
  213  Development test instruction.
  214         (3)(4)Florida The community colleges are locally based and
  215  governed entities with statutory and funding ties to state
  216  government. As such, the community colleges’ mission for Florida
  217  colleges reflects a commitment to be responsive to local
  218  educational needs and challenges. In achieving this mission,
  219  Florida the community colleges strive to maintain sufficient
  220  local authority and flexibility while preserving appropriate
  221  legal accountability to the state.
  222         (4)(5) As comprehensive institutions, Florida the community
  223  colleges shall provide high-quality, affordable education and
  224  training opportunities, shall foster a climate of excellence,
  225  and shall provide opportunities to all while combining high
  226  standards with an open-door admission policy for lower-division
  227  programs. Florida The community colleges shall, as open-access
  228  institutions, serve all who can benefit, without regard to age,
  229  race, gender, creed, or ethnic or economic background, while
  230  emphasizing the achievement of social and educational equity so
  231  that all can be prepared for full participation in society.
  232         (5)(6) The primary mission and responsibility of Florida
  233  community colleges is responding to community needs for
  234  postsecondary academic education and career degree education.
  235  This mission and responsibility includes being responsible for:
  236         (a) Providing lower level undergraduate instruction and
  237  awarding associate degrees.
  238         (b) Preparing students directly for careers requiring less
  239  than baccalaureate degrees. This may include preparing for job
  240  entry, supplementing of skills and knowledge, and responding to
  241  needs in new areas of technology. Career education in a Florida
  242  the community college shall consist of career certificates,
  243  credit courses leading to associate in science degrees and
  244  associate in applied science degrees, and other programs in
  245  fields requiring substantial academic work, background, or
  246  qualifications. A Florida Community college may offer career
  247  education programs in fields having lesser academic or technical
  248  requirements.
  249         (c) Providing student development services, including
  250  assessment, student tracking, support for disabled students,
  251  advisement, counseling, financial aid, career development, and
  252  remedial and tutorial services, to ensure student success.
  253         (d) Promoting economic development for the state within
  254  each Florida community college district through the provision of
  255  special programs, including, but not limited to, the:
  256         1. Enterprise Florida-related programs.
  257         2. Technology transfer centers.
  258         3. Economic development centers.
  259         4. Workforce literacy programs.
  260         (e) Providing dual enrollment instruction.
  261         (7)A separate and secondary role for community colleges
  262  includes:
  263         (f)(a) Providing upper level instruction and awarding
  264  baccalaureate degrees as specifically authorized by law.
  265         (6)(b)A separate and secondary role for Florida colleges
  266  includes the offering of programs in:
  267         (a)1. Community services that are not directly related to
  268  academic or occupational advancement.
  269         (b)2. Adult general education services, including adult
  270  basic education, adult general education, adult secondary
  271  education, and General Educational Development test instruction.
  272         (c)3. Recreational and leisure services.
  273         (7)(8) Funding for Florida community colleges shall reflect
  274  their mission as follows:
  275         (a) Postsecondary academic and career education programs
  276  and adult general education programs shall have first priority
  277  in Florida community college funding.
  278         (b) Community service programs shall be presented to the
  279  Legislature with rationale for state funding. The Legislature
  280  may identify priority areas for use of these funds.
  281         (8)(9)Florida Community colleges are authorized to:
  282         (a) Offer such programs and courses as are necessary to
  283  fulfill their mission. and are authorized to
  284         (b) Grant associate in arts degrees, associate in science
  285  degrees, associate in applied science degrees, certificates,
  286  awards, and diplomas. Each community college is also authorized
  287  to
  288         (c) Make provisions for the General Educational Development
  289  test. Each community college may
  290         (d) Provide access to and award baccalaureate degrees in
  291  accordance with law.
  292  
  293  Authority to offer one or more baccalaureate degree programs
  294  does not alter the governance relationship of the Florida
  295  college with its district board of trustees or the State Board
  296  of Education.
  297         Section 5. Sections 1004.73 and 1004.875, Florida Statutes,
  298  are repealed.
  299         Section 6. Subsection (2) of section 1007.23, Florida
  300  Statutes, is amended to read:
  301         1007.23 Statewide articulation agreement.—
  302         (2)(a) The articulation agreement must specifically provide
  303  that every associate in arts graduate of a Florida community
  304  college shall have met all general education requirements and
  305  must be granted admission to the upper division of a:
  306         1. State university, except for to a limited access or
  307  teacher certification program or a major program requiring an
  308  audition.
  309         2.Florida college if it offers baccalaureate degree
  310  programs, except for a limited access or teacher certification
  311  program or a major program requiring an audition.
  312         (b)Florida Community college associate in arts graduates
  313  shall receive priority for admission to the upper division of a
  314  Florida college or to a state university over out-of-state
  315  students. Orientation programs, catalogs, and student handbooks
  316  provided to freshman enrollees and transfer students at Florida
  317  colleges and state universities must include an explanation of
  318  this provision of the articulation agreement.
  319         Section 7. Section 1007.33, Florida Statutes, is amended to
  320  read:
  321         (Substantial rewording of section. See
  322         s. 1007.33, F.S., for present text.)
  323         1007.33Site-determined baccalaureate degree access.—
  324         (1)(a)The Legislature recognizes that public and private
  325  postsecondary educational institutions play an essential role in
  326  improving the quality of life and economic well-being of the
  327  state and its residents. The Legislature also recognizes that
  328  economic development needs and the educational needs of place
  329  bound, nontraditional students have increased the demand for
  330  local access to baccalaureate degree programs. It is therefore
  331  the intent of the Legislature to further expand access to
  332  baccalaureate degree programs through the use of Florida
  333  colleges.
  334         (b)For purposes of this section, the term “district”
  335  refers to the county or counties served by a Florida college
  336  pursuant to s. 1000.21(3).
  337         (2)Any Florida college that offers one or more
  338  baccalaureate degree programs must:
  339         (a)Maintain as its primary mission:
  340         1.Responsibility for responding to community needs for
  341  postsecondary academic education and career degree education as
  342  prescribed in s. 1004.65(5).
  343         2.The provision of associate degrees that provide access
  344  to a university.
  345         (b)Maintain an open-door admission policy for associate
  346  level degree programs and workforce education programs.
  347         (c)Continue to provide outreach to underserved
  348  populations.
  349         (d)Continue to provide remedial education.
  350         (e)Comply with all provisions of the statewide
  351  articulation agreement which relate to 2-year and 4-year public
  352  degree-granting institutions as adopted by the State Board of
  353  Education pursuant to s. 1007.23.
  354         (f)Not award graduate credit.
  355         (g)Not participate in intercollegiate athletics beyond the
  356  2-year level.
  357         (3)A Florida college may not terminate its associate in
  358  arts or associate in science degree programs as a result of
  359  being authorized to offer one or more baccalaureate degree
  360  programs. The Legislature intends that the primary
  361  responsibility of a Florida college, including a Florida college
  362  that offers baccalaureate degree programs, continues to be the
  363  provision of associate degrees that provide access to a
  364  university.
  365         (4)A Florida college may:
  366         (a)Offer specified baccalaureate degree programs through
  367  formal agreements between the Florida college and other
  368  regionally accredited postsecondary educational institutions
  369  pursuant to s. 1007.22.
  370         (b)Offer baccalaureate degree programs that were
  371  authorized by law prior to July 1, 2009.
  372         (c)Beginning July 1, 2009, establish a first or subsequent
  373  baccalaureate degree program for purposes of meeting district,
  374  regional, or statewide workforce needs if approved by the State
  375  Board of Education under this section.
  376  
  377  Beginning July 1, 2009, the Board of Trustees of the St.
  378  Petersburg College is authorized to establish one or more
  379  bachelor of applied science degree programs based on an analysis
  380  of workforce needs in Pinellas, Pasco, and Hernando Counties and
  381  other counties approved by the Department of Education. For each
  382  program selected, St. Petersburg College must offer a related
  383  associate in science or associate in applied science degree
  384  program, and the baccalaureate degree level program must be
  385  designed to articulate fully with at least one associate in
  386  science degree program. The college is encouraged to develop
  387  articulation agreements for enrollment of graduates of related
  388  associate in applied science degree programs. The Board of
  389  Trustees of the St. Petersburg College is authorized to
  390  establish additional baccalaureate degree programs if it
  391  determines a program is warranted and feasible based on each of
  392  the factors in paragraph (5)(d). Prior to developing or
  393  proposing a new baccalaureate degree program, St. Petersburg
  394  College shall engage in need, demand, and impact discussions
  395  with the state university in its service district and other
  396  local and regional, accredited postsecondary providers in its
  397  region. Documentation, data, and other information from inter
  398  institutional discussions regarding program need, demand, and
  399  impact shall be provided to the College’s Board of Trustees to
  400  inform the program approval process. Employment at St.
  401  Petersburg College is governed by the same laws that govern
  402  community colleges, except that upper-division faculty are
  403  eligible for continuing contracts upon the completion of the
  404  fifth year of teaching. Employee records for all personnel shall
  405  be maintained as required by s. 1012.81.
  406         (5)The approval process for baccalaureate degree programs
  407  shall require:
  408         (a)Each Florida college to submit a notice of its intent
  409  to propose a baccalaureate degree program to the Division of
  410  Florida Colleges at least 100 days before the submission of its
  411  proposal under paragraph (d). The notice must include a brief
  412  description of the program, the workforce demand and unmet need
  413  for graduates of the program, the geographic region to be
  414  served, and an estimated timeframe for implementation. Notices
  415  of intent may be submitted by a Florida college at any time
  416  throughout the year.
  417         (b)The Division of Florida Colleges to forward the notice
  418  of intent within 10 business days after receiving such notice to
  419  the Chancellor of the State University System, the President of
  420  the Independent Colleges and Universities of Florida, and the
  421  Executive Director of the Council for Independent Education.
  422  State universities shall have 60 days following receipt of the
  423  notice by the Chancellor of the State University System to
  424  submit an alternative proposal to offer the baccalaureate degree
  425  program. If a proposal from a state university is not received
  426  within the 60-day period, the State Board of Education shall
  427  provide regionally accredited private colleges and universities
  428  30 days to submit an alternative proposal. Alternative proposals
  429  shall be submitted to the Division of Florida Colleges and must
  430  be considered by the State Board of Education in making its
  431  decision to approve or deny a Florida college’s proposal.
  432         (c)An alternative proposal submitted by a state university
  433  or private college or university to adequately address:
  434         1.The extent to which the workforce demand and unmet need
  435  described in the notice of intent will be met.
  436         2.The extent to which students will be able to complete
  437  the degree in the geographic region proposed to be served by the
  438  Florida college.
  439         3.The level of financial commitment of the college or
  440  university to the development, implementation, and maintenance
  441  of the specified degree program, including timelines.
  442         4.The extent to which faculty at both the Florida college
  443  and the college or university will collaborate in the
  444  development and offering of the curriculum.
  445         5.The ability of the Florida college and the college or
  446  university to develop and approve the curriculum for the
  447  specified degree program within 6 months after an agreement
  448  between the Florida college and the college or university is
  449  signed.
  450         6.The extent to which the student may incur additional
  451  costs above what the student would expect to incur if the
  452  program were offered by the Florida college.
  453         (d)Each proposal submitted by a Florida college to, at a
  454  minimum, include:
  455         1.A description of the planning process and timeline for
  456  implementation.
  457         2.An analysis of workforce demand and unmet need for
  458  graduates of the program on a district, regional, or statewide
  459  basis, as appropriate.
  460         3.Identification of the facilities, equipment, and library
  461  and academic resources that will be used to deliver the program.
  462         4.The program cost analysis of creating a new
  463  baccalaureate degree when compared to alternative proposals and
  464  other program delivery options.
  465         5.The program’s admission requirements, academic content,
  466  curriculum, faculty credentials, student-to-teacher ratios, and
  467  accreditation plan.
  468         6.The program’s enrollment projections and funding
  469  requirements.
  470         7.A plan of action if the program is terminated.
  471         (e)The Division of Florida Colleges to review the
  472  proposal, notify the Florida college of any deficiencies in
  473  writing within 30 days following receipt of the proposal, and
  474  provide the Florida college with an opportunity to correct the
  475  deficiencies. Within 45 days following receipt of a completed
  476  proposal by the Division of Florida Colleges, the Commissioner
  477  of Education shall recommend approval or disapproval of the
  478  proposal to the State Board of Education. The State Board of
  479  Education shall consider such recommendation, the proposal, and
  480  any alternative proposals at its next meeting. If the State
  481  Board of Education disapproves the Florida college’s proposal,
  482  it shall provide the Florida college with written reasons for
  483  that determination.
  484         (f)The Florida college to obtain from the Commission on
  485  Colleges of the Southern Association of Colleges and Schools
  486  accreditation as a baccalaureate-degree-granting institution if
  487  approved by the State Board of Education to offer its first
  488  baccalaureate degree program.
  489         (g) The Florida college to notify the Commission on
  490  Colleges of the Southern Association of Colleges and Schools of
  491  subsequent degree programs that are approved by the State Board
  492  of Education and to comply with the association’s required
  493  substantive change protocols for accreditation purposes.
  494         (6)(a)Beginning July 1, 2010, and each subsequent July 1,
  495  the Division of Florida Colleges may accept and review
  496  applications from a Florida college to obtain an exemption from
  497  the State Board of Education’s approval for subsequent degrees
  498  as required in subsection (5), if the Florida college is
  499  accredited by the Commission on Colleges of the Southern
  500  Association of Colleges and Schools as a baccalaureate-degree
  501  granting institution and has been offering baccalaureate degree
  502  programs for 3 or more years. The division shall develop
  503  criteria for determining eligibility for an exemption based upon
  504  demonstrated compliance with the requirements for baccalaureate
  505  degrees, primary mission, and fiscal, including, but not limited
  506  to:
  507         1.Obtaining and maintaining appropriate SACS
  508  accreditation;
  509         2.The maintenance of qualified faculty and institutional
  510  resources;
  511         3.The maintenance of enrollment projections in previously
  512  approved programs;
  513         4.The appropriate management of fiscal resources;
  514         5.Compliance with the primary mission and responsibility
  515  requirements in subsections (2) and (3);
  516         6.The timely submission of the institution’s annual
  517  performance accountability report; and
  518         7.Other indicators of success such as program completers,
  519  placements, and surveys of students and employers.
  520         (b)If the Florida college has demonstrated satisfactory
  521  progress in fulfilling the eligibility criteria in this
  522  subsection, the Division of Florida Colleges may recommend to
  523  the State Board of Education that the institution be exempt from
  524  the requirement in subsection (5) for approval of future
  525  baccalaureate degree programs. The State Board of Education
  526  shall review the division’s recommendation and determine if an
  527  exemption is warranted. If the State Board of Education approves
  528  the application, the Florida College is exempt from subsequent
  529  program approval under subsection (5) and such authority is
  530  delegated to the Florida college board of trustees. If the State
  531  Board of Education disapproves of the Florida College’s request
  532  for an exemption, the college shall continue to be subject to
  533  State Board of Education’s approval of subsequent baccalaureate
  534  degree programs.
  535         (c)Prior to developing or proposing a new baccalaureate
  536  degree program, all Florida Colleges, regardless of an exemption
  537  from subsection (5), shall:
  538         1.Engage in need, demand, and impact discussions with the
  539  state university in their service district and other local and
  540  regional, accredited postsecondary providers in their region.
  541         2.Send documentation, data, and other information from the
  542  inter-institutional discussions regarding program need, demand,
  543  and impact required in subparagraph 1. to the College’s Board of
  544  Trustees, the Division of Florida Colleges, and the Chancellor
  545  of the State University System.
  546         3.Base Board of Trustees approval of the new program upon
  547  the documentation, data, and other information required in this
  548  paragraph and the factors in subsection (5)(d).
  549  
  550  The Division of Florida Colleges shall use the documentation,
  551  data, and other information required in this subsection,
  552  including information from the Chancellor of the State
  553  University System, in its compliance review.
  554         (d)The Board of Trustees of a Florida College that is
  555  exempt from subsection (5) must submit newly approved programs
  556  to the Division of Florida Colleges and SACS within 30 days
  557  after approval.
  558         (e)Within 30 days after receiving the approved
  559  baccalaureate degree program, the Division of Florida Colleges
  560  shall conduct a compliance review and notify the college if the
  561  proposal meets the criteria for implementation based upon the
  562  criteria in paragraphs (5)(d) and (6)(c). If the program fails
  563  to meet the criteria for implementation as determined by the
  564  Division of Florida Colleges, the college may not proceed with
  565  implementation of the program until the State Board of Education
  566  reviews the proposal and the compliance materials and gives its
  567  final approval of the program.
  568         (7)The State Board of Education shall adopt rules to
  569  prescribe format and content requirements and submission
  570  procedures for notices of intent, proposals, and alternative
  571  proposals under subsection (5).
  572         Section 8. Subsection (11) of section 120.65, Florida
  573  Statutes, is amended to read:
  574         120.65 Administrative law judges.—
  575         (11) The division shall be reimbursed for administrative
  576  law judge services and travel expenses by the following
  577  entities: water management districts, regional planning
  578  councils, school districts, community colleges, the Division of
  579  Florida Community Colleges, state universities, the Board of
  580  Governors of the State University System, the State Board of
  581  Education, the Florida School for the Deaf and the Blind, and
  582  the Commission for Independent Education. These entities shall
  583  contract with the division to establish a contract rate for
  584  services and provisions for reimbursement of administrative law
  585  judge travel expenses and video teleconferencing expenses
  586  attributable to hearings conducted on behalf of these entities.
  587  The contract rate must be based on a total-cost-recovery
  588  methodology.
  589         Section 9. Paragraphs (c), (i), and (k) of subsection (5)
  590  of section 288.8175, Florida Statutes, are amended to read:
  591         288.8175 Linkage institutes between postsecondary
  592  institutions in this state and foreign countries.—
  593         (5) The institutes are:
  594         (c) Florida Caribbean Institute (Florida International
  595  University and Daytona State Beach College).
  596         (i) Florida-West Africa Institute (Florida Agricultural and
  597  Mechanical University, University of North Florida, and Florida
  598  State Community College at Jacksonville).
  599         (k) Florida-Mexico Institute (Florida International
  600  University and Polk State Community College).
  601         Section 10. Subsection (1) of section 1001.61, Florida
  602  Statutes, is amended to read:
  603         1001.61 Community college boards of trustees; membership.—
  604         (1) Community college boards of trustees shall be comprised
  605  of five members when a community college district is confined to
  606  one school board district; seven members when a community
  607  college district is confined to one school board district and
  608  the board of trustees so elects; and not more than nine members
  609  when the district contains two or more school board districts,
  610  as provided by rules of the State Board of Education. However,
  611  Florida State Community College at Jacksonville shall have an
  612  odd number of trustees.
  613         Section 11. Paragraph (e) of subsection (4) of section
  614  1004.70, Florida Statutes, is amended to read:
  615         1004.70 Community college direct-support organizations.—
  616         (4) ACTIVITIES; RESTRICTIONS.—
  617         (e) A community college board of trustees must authorize
  618  all debt, including lease-purchase agreements, incurred by a
  619  direct-support organization. Authorization for approval of
  620  short-term loans and lease-purchase agreements for a term of not
  621  more than 5 years, including renewals, extensions, and
  622  refundings, for goods, materials, equipment, and services may be
  623  delegated by the board of trustees to the board of directors of
  624  the direct-support organization. Trustees shall evaluate
  625  proposals for debt according to guidelines issued by the
  626  Division of Florida Community Colleges. Revenues of the
  627  community college may not be pledged to debt issued by direct
  628  support organizations.
  629         Section 12. Subsections (1) and (5) of section 1004.87,
  630  Florida Statutes, are amended to read:
  631         1004.87 Florida College System Task Force.—
  632         (1) The Florida College System Task Force is established
  633  within the Division of Florida Community Colleges of the
  634  Department of Education for the purpose of developing findings
  635  and issuing recommendations regarding the transition of
  636  community colleges to baccalaureate-degree-granting colleges and
  637  the criteria for establishing and funding state colleges.
  638         (5) The task force shall be staffed by existing employees
  639  of the Division of Florida Community Colleges.
  640         Section 13. Subsection (1) and paragraph (b) of subsection
  641  (16) of section 1009.23, Florida Statutes, are amended to read:
  642         1009.23 Community college student fees.—
  643         (1) Unless otherwise provided, this section applies only to
  644  fees charged for college credit instruction leading to an
  645  associate in arts degree, an associate in applied science
  646  degree, an associate in science degree, or a baccalaureate
  647  degree authorized pursuant to s. 1007.33 or s. 1004.73, for
  648  noncollege credit college-preparatory courses defined in s.
  649  1004.02, and for educator preparation institute programs defined
  650  in s. 1004.85.
  651         (16)
  652         (b) The amount of the distance learning course user fee may
  653  not exceed the additional costs of the services provided which
  654  are attributable to the development and delivery of the distance
  655  learning course. If a community college assesses the distance
  656  learning course user fee, the institution may not assess any
  657  other fees to cover the additional costs. By September 1 of each
  658  year, each board of trustees shall report to the Division of
  659  Florida Community Colleges the total amount of revenue generated
  660  by the distance learning course user fee for the prior academic
  661  year and how the revenue was expended.
  662         Section 14. This act shall take effect July 1, 2009.