The Florida Senate

240.105  Statement of purpose and mission.

240.107  College-level communication and computation skills examination.

240.115  Articulation agreement; acceleration mechanisms.

240.116  Articulated acceleration.

240.1161  District interinstitutional articulation agreements.

240.1162  Articulation accountability process.

240.1163  Joint dual enrollment and advanced placement instruction.

240.117  Common placement testing for public postsecondary education.

240.118  Postsecondary feedback of information to high schools.

240.1201  Determination of resident status for tuition purposes.

240.122  Postsecondary education funding.

240.124  Funding for continuous enrollment in college credit courses.

240.125  Postsecondary consortia; cooperation.

240.126  Consortium of institutions of higher learning; funds for purposes of ch. 86-139.

240.127  Florida Uniform Management of Institutional Funds Act.

240.128  Approval required for certain university-related facility acquisitions.

240.132  Participation by students or employees in disruptive activities at state institutions of higher learning; penalties.

240.1325  Hazing prohibited.

240.133  Expulsion and discipline of students of the State University System and community colleges.

240.134  Religious observances.

240.135  Funds provided by the United States.

240.136  Suspension and removal from office of elected student government officials; referendum.

240.139  Records; microfilming, disposal of originals.

240.145  Postsecondary Education Planning Commission.

240.147  Powers and duties of the commission.

240.152  Impaired and learning disabled persons; admission to postsecondary institutions; substitute requirements; rules.

240.153  Impaired and learning disabled persons; graduation, study program admission, and upper-division entry; substitute requirements; rules.

240.155  Campus master plans and campus development agreements.

240.156  State University System Concurrency Trust Fund.

240.105  Statement of purpose and mission.--

(1)  The Legislature finds it in the public interest to provide a system of higher education which is of the highest possible quality; which enables students of all ages, backgrounds, and levels of income to participate in the search for knowledge and individual development; which stresses undergraduate teaching as its main priority; which offers selected professional, graduate, and research programs with emphasis on state and national needs; which fosters diversity of educational opportunity; which promotes service to the public; which makes effective and efficient use of human and physical resources; which functions cooperatively with other educational institutions and systems; and which promotes internal coordination and the wisest possible use of resources.

(2)  The mission of the state system of postsecondary education is to develop human resources, to discover and disseminate knowledge, to extend knowledge and its application beyond the boundaries of its campuses, and to serve and stimulate society by developing in students heightened intellectual, cultural, and humane sensitivities; scientific, professional, and technological expertise; and a sense of purpose. Inherent in this broad mission are methods of instruction, research, extended training, and public service designed to educate people and improve the human condition. Basic to every purpose of the system is the search for truth.

History.--s. 2, ch. 79-222.

240.107  College-level communication and computation skills examination.--

(1)  It is the intent of the Legislature that the examination of college-level communication and computation skills provided in s. 229.551 serve as a mechanism for students to demonstrate that they have mastered the academic competencies prerequisite to upper-division undergraduate instruction. It is further intended that the examination serve as both a summative evaluation instrument prior to student enrollment in upper-division programs and as a source of information for student advisers. It is not intended that student passage of the examination supplant the need for a student to complete the general education curriculum prescribed by an institution.

(2)  State universities and community colleges shall conduct a minimum of two administrations, one of which may consist of an alternative administration, of the college-level communication and computation skills examination per academic term. Such administrations shall be available to all lower-division students seeking associate in arts or baccalaureate degrees upon completion of at least 18 semester hours or the equivalent. State universities and community colleges shall report at a minimum the examination scores of all students tested at each administration of the college-level communication and computation skills examination.

(3)  No state university or community college shall confer an associate in arts or baccalaureate degree upon any student who fails to complete successfully the examination of college-level communication and computation skills. Students who received their associate in arts degree prior to September 1, 1982, shall be exempt from the provisions of this subsection.

(4)  The State Board of Education, by rule, shall set the minimum scores that constitute successful completion of the examination. In establishing the minimum scores that constitute successful completion of the examination, the State Board of Education shall consider any possible negative impact of the tests on minority students. Determinations regarding a student's successful completion of the examination shall be based on the minimum standards prescribed by rule for the date the student initially takes the examination.

(5)  Any student who, in the best professional opinion of the university, has a specific learning disability such that the student can not demonstrate successful completion of one or more sections of the college-level communication and computation skills examination and is achieving at the college level in every area except that of the disability, and whose diagnosis indicates that further remediation will not succeed in overcoming the disability, may appeal through the appropriate dean to a committee appointed by the president or vice president for academic affairs for special consideration. The committee shall examine the evidence of the student's academic and medical records and may hear testimony relevant to the case. The committee may grant a waiver for one or more sections of the college-level communication and computation skills examination based on the results of its review.

(6)  Each community college president and university president shall establish a committee to consider requests for waivers from the provisions of subsection (3). The committee shall be chaired by the chief academic officer of the institution and shall have four additional members appointed by the president: a member of the mathematics department, a member of the English department, the institutional test administrator, and a fourth faculty member from a department other than English or mathematics. Any student who has taken a subtest of the examination required by this section at least four times and has not achieved a passing score, but has otherwise demonstrated proficiency in coursework in the same subject area, may request a waiver from that particular subtest. Waivers shall be considered only after students have been provided test adaptations or other administrative adjustments to permit the accurate measurement of the student's proficiency in the subject areas measured by the examination authorized in this section. The committee shall consider the student's educational records and other evidence as to whether the student should be able to pass the subtest under consideration. A waiver may be recommended to the president upon majority vote of the committee. The president may approve or disapprove the recommendation. The president may not approve a request which the committee has disapproved. If a waiver for a given subtest is approved, the student's transcript shall include a statement that the student did not meet the requirements of subsection (3) and that a waiver was granted.

(7)  The State Board of Education, by rule, shall establish fees for the administration of the examination to private postsecondary students.

(8)  The State Board of Education, by rule, shall establish fees for the administration of the examination at times other than regularly scheduled dates to accommodate examinees who are unable to be tested on those dates. The board shall establish the conditions under which examinees may be admitted to the special administrations.

(9)  Any student fulfilling one or both of the following requirements before completion of associate in arts degree requirements or baccalaureate degree requirements is exempt from the testing requirements of this section:

(a)  Achieves a score that meets or exceeds a minimum score on a nationally standardized examination, as established by the Articulation Coordinating Committee; or

(b)  Demonstrates successful remediation of any academic deficiencies identified by the college placement test and achieves a cumulative grade point average of 2.5 or above, on a 4.0 scale, in postsecondary-level coursework identified by the Postsecondary Education Planning Commission. The Department of Education shall specify the means by which a student may demonstrate successful remediation.

Any student denied a degree prior to January 1, 1996, based on the failure of at least one subtest of the CLAST may use either of the alternatives specified in this subsection for receipt of a degree if such student meets all degree program requirements at the time of application for the degree under the exemption provisions of this subsection. This section does not require a student to take the CLAST before being given the opportunity to use any of the alternatives specified in this subsection. The exemptions provided herein do not apply to requirements for certification as provided in s. 231.17.

History.--s. 21, ch. 86-145; s. 11, ch. 90-99; s. 23, ch. 90-288; s. 4, ch. 90-302; s. 24, ch. 95-148; s. 5, ch. 95-411; s. 6, ch. 97-169; s. 8, ch. 97-246.

240.115  Articulation agreement; acceleration mechanisms.--

(1)(a)  Articulation between secondary and postsecondary education; admission of associate in arts degree graduates from Florida community colleges and state universities; admission of applied technology diploma program graduates from public community colleges or technical centers; admission of associate in science degree and associate in applied science degree graduates from Florida community colleges; the use of acceleration mechanisms, including nationally standardized examinations through which students may earn credit; general education requirements and common course code numbers as provided for in s. 229.551(1); and articulation among programs in nursing shall be governed by the articulation agreement, as established by the Department of Education. The articulation agreement must specifically provide that every associate in arts graduate of a Florida community college shall have met all general education requirements and must be granted admission to the upper division of a state university except to a limited access or teacher certification program or a major program requiring an audition. After admission has been granted to students under provisions of this section and to university students who have successfully completed 60 credit hours of coursework, including 36 hours of general education, and met the requirements of s. 240.107, admission shall be granted to State University System and Florida community college students who have successfully completed 60 credit hours of work, including 36 hours of general education. Community college associate in arts graduates shall receive priority for admission to a state university over out-of-state students. Orientation programs and student handbooks provided to freshman enrollees and transfer students at state universities must include an explanation of this provision of the articulation agreement.

(b)  Any student who transfers among postsecondary institutions that are fully accredited by a regional or national accrediting agency recognized by the United States Department of Education and that participate in the common course designation and numbering system shall be awarded credit by the receiving institution for courses satisfactorily completed by the student at the previous institutions. Credit shall be awarded if the courses are judged by the appropriate common course designation and numbering system faculty task force representing school districts, community colleges, public universities, and participating nonpublic postsecondary education institutions to be academically equivalent to courses offered at the receiving institution, including equivalency of faculty credentials, regardless of the public or nonpublic control of the previous institution. The Department of Education shall ensure that credits to be accepted by a receiving institution are generated in courses for which the faculty possess credentials that are comparable to those required by the accrediting association of the receiving institution. The award of credit may be limited to courses that are entered in the common course designation and numbering system. Credits awarded pursuant to this subsection shall satisfy institutional requirements on the same basis as credits awarded to native students.

(c)  The articulation agreement must guarantee the statewide articulation of appropriate workforce development programs and courses between school districts and community colleges and specifically provide that every applied technology diploma graduate must be granted the same amount of credit upon admission to an associate in science degree or associate in applied science degree program unless it is a limited access program. Preference for admission must be given to graduates who are residents of Florida.

(d)  By fall semester 1998, the articulation agreement must guarantee the statewide articulation of appropriate courses within associate in science degree programs to baccalaureate degree programs, according to standards established by the Articulation Coordinating Committee after consultation with the Board of Regents and the State Board of Community Colleges. Courses within an associate in applied science degree program may articulate into a baccalaureate degree program on an individual or block basis as authorized in local interinstitutional articulation agreements.

(e)  The Commissioner of Education, in conjunction with the Florida Partnership for School Readiness, the Postsecondary Education Planning Commission, and the Education Standards Commission, shall conduct a statewide assessment to determine the extent and nature of instruction for those who work or are training to work in the fields of child care and early childhood education, as well as an assessment of the market demand for individuals trained at various levels. Based on this assessment, the Articulation Coordinating Committee shall establish an articulated career path for school readiness-related professions, which shall lead from entry-level employment in child care and early childhood education to a baccalaureate degree. The career path shall provide for the articulation of:

1.  Vocational credit to college credit for associate in science degrees;

2.  Credit earned in associate in science or associate in arts degree programs to credit in baccalaureate degree programs;

3.  Credit awarded by public and private institutions; and

4.  Credit for experiential learning associated with minimum training requirements for employment. The Articulation Coordinating Committee shall ensure that the articulation of such credit does not jeopardize the receiving institution's accreditation status.

Before the printing of the catalog for the fall semester 2002, the articulation agreement must guarantee the statewide articulation of appropriate coursework as established in the career path.

(2)  The universities, community college district boards of trustees, and district school boards are authorized to establish intrainstitutional and interinstitutional programs to maximize this articulation. Programs may include upper-division-level courses offered at the community college, distance learning, transfer agreements that facilitate the transfer of credits between public and nonpublic postsecondary institutions, and the concurrent enrollment of students at a community college and a state university to enable students to take any level of baccalaureate degree coursework. Should the establishment of these programs necessitate the waiver of existing State Board of Education rules, reallocation of funds, or revision or modification of student fees, each college or university shall submit the proposed articulation program to the State Board of Education for review and approval. The State Board of Education is authorized to waive its rules and make appropriate reallocations, revisions, or modifications in accordance with the above.

(3)  The universities and boards of trustees of the community colleges shall identify their core curricula, which shall include courses required by the State Board of Education. The universities and community colleges shall work with their school districts to assure that high school curricula coordinate with the core curricula and to prepare students for college-level work. Core curricula for associate in arts programs shall be adopted in rule by the State Board of Education and shall include 36 semester hours of general education courses in the subject areas of communication, mathematics, social sciences, humanities, and natural sciences. By January 1, 1996, general education coursework shall be identified by common course code numbers, consistent with the recommendations of the Articulation Coordinating Committee, pursuant to s. 229.551(1)(f)4. By fall semester 1996, degree program prerequisite courses and course substitutions shall be available at community colleges. With the exception of programs approved by the Board of Regents pursuant to s. 240.209(5)(f), degree program prerequisite courses shall be common across delivery systems and shall be identified by their common course code number consistent with the recommendations of the Articulation Coordinating Committee, pursuant to s. 229.551(1)(f)5.

(4)  The levels of postsecondary education shall collaborate in further developing and providing articulated programs in which students can proceed toward their educational objectives as rapidly as their circumstances permit. Time-shortened educational programs, as well as the use of acceleration mechanisms, shall include, but not be limited to, the International Baccalaureate, credit by examination or demonstration of competency, advanced placement, early admissions, and dual enrollment.

(5)  By fall semester of 1995, each state university and community college shall offer to all students each semester, prior to drop-add, nationally standardized examinations listed in the articulation agreement, or institutionally developed examinations, through which students may earn credit in those general subject areas which are required or may be applied toward general education requirements for a baccalaureate degree at that university or associate degree at the community college. A student satisfactorily completing such examinations shall receive full credit for the course the same as if it had been taken, completed, and passed.

(6)  An associate in arts degree shall require no more than 60 semester hours of college credit, including 36 semester hours of general education coursework. Except for college-preparatory coursework required pursuant to s. 240.117, all required coursework shall count toward the associate in arts degree or the baccalaureate degree. By fall semester of 1996, a baccalaureate degree program shall require no more than 120 semester hours of college credit, including 36 semester hours of general education coursework, unless prior approval has been granted by the Board of Regents.

(7)  A student who received an associate in arts degree for successfully completing 60 semester credit hours may continue to earn additional credits at a community college. The university must provide credit toward the student's baccalaureate degree for an additional community college course if, according to the common course numbering and designation system, the community college course is a course listed in the university catalog as required for the degree or as prerequisite to a course required for the degree.

History.--s. 65, ch. 79-222; s. 143, ch. 81-259; s. 5, ch. 83-325; ss. 5, 20, ch. 87-212; s. 1, ch. 90-302; s. 20, ch. 94-230; s. 2, ch. 95-243; s. 14, ch. 98-58; s. 8, ch. 99-357.

240.116  Articulated acceleration.--

(1)  It is the intent of the Legislature that a variety of articulated acceleration mechanisms be available for secondary and postsecondary students attending public educational institutions. It is intended that articulated acceleration serve to shorten the time necessary for a student to complete the requirements associated with the conference of a degree, broaden the scope of curricular options available to students, or increase the depth of study available for a particular subject. Articulated acceleration mechanisms shall include, but not be limited to, dual enrollment, early admission, advanced placement, credit by examination, and the International Baccalaureate Program. The State Board of Education shall adopt rules for any dual enrollment programs involving requirements for high school graduation.

(2)(a)1.  The dual enrollment program is the enrollment of an eligible secondary student in a postsecondary course creditable toward a vocational certificate or an associate or baccalaureate degree. For the purpose of this subparagraph, an eligible secondary student is a student who is enrolled in a Florida public secondary school or in a Florida nonpublic secondary school which is in compliance with s. 229.808 and conducts a secondary curriculum pursuant to s. 232.246. Students enrolled in postsecondary instruction that is not creditable toward the high school diploma shall not be classified as dual enrollments. Students who are permitted to enroll in dual enrollment courses may take courses conducted during school hours, after school hours, and during the summer term. Any student so enrolled is exempt from the payment of registration, matriculation, and laboratory fees. With the exception of vocational-preparatory instruction, college-preparatory instruction and other forms of precollegiate instruction, as well as physical education courses that focus on the physical execution of a skill rather than the intellectual attributes of the activity, are ineligible for inclusion in the dual enrollment program. Recreation and leisure studies courses shall be evaluated individually in the same manner as physical education courses for potential inclusion in the program.

2.  The Department of Education shall adopt guidelines designed to achieve comparability across school districts of both student qualifications and teacher qualifications for dual enrollment courses. Student qualifications must demonstrate readiness for college-level coursework if the student is to be enrolled in college courses. Student qualifications must demonstrate readiness for vocational-level coursework if the student is to be enrolled in vocational courses. In addition to the common placement examination, student qualifications for college credit dual enrollment courses must include a 3.0 unweighted grade point average, and student qualifications for vocational certificate dual enrollment courses must include a 2.0 unweighted grade point average. Exceptions to the required grade point averages may be granted if the educational entities agree and the terms of the agreement are contained within the dual enrollment interinstitutional articulation agreement.

(b)  Vocational dual enrollment shall be provided as a curricular option for secondary students to pursue in order to earn a series of elective credits toward the high school diploma. However, vocational dual enrollment shall not supplant student acquisition of the diploma. Vocational dual enrollment shall be available for secondary students seeking a degree or certificate from a complete job-preparatory program, but shall not sustain student enrollment in isolated vocational courses. It is the intent of the Legislature that vocational dual enrollment be implemented as a positive measure. The provision of a comprehensive academic and vocational dual enrollment program within the vocational-technical center or community college is supportive of legislative intent; however, such provision is not mandatory.

(3)  Early admission shall be a form of dual enrollment through which eligible secondary students enroll in a postsecondary institution on a full-time basis in courses that are creditable toward the high school diploma and the associate or baccalaureate degree. Participation in the early admission program shall be limited to students who have completed a minimum of 6 semesters of full-time secondary enrollment, including studies undertaken in the ninth grade. Students enrolled pursuant to this subsection shall be exempt from the payment of registration, matriculation, and laboratory fees.

(4)  Advanced placement shall be the enrollment of an eligible secondary student in a course offered through the Advanced Placement Program administered by the College Board. Postsecondary credit for an advanced placement course shall be limited to students who score a minimum of 3, on a 5-point scale, on the corresponding Advanced Placement Examination. The specific courses for which students receive such credit shall be determined by the community college or university that accepts the student for admission. Students enrolled pursuant to this subsection shall be exempt from the payment of any fees for administration of the examination.

(5)  Credit by examination shall be the program through which secondary and postsecondary students generate postsecondary credit based on the receipt of a specified minimum score on nationally standardized general or subject-area examinations. For the purpose of statewide application, such examinations and the corresponding minimum scores required for an award of credit shall be delineated by the State Board of Education in the statewide articulation agreement. The maximum credit generated by a student pursuant to this subsection shall be mitigated by any related postsecondary credit earned by the student prior to the administration of the examination. This subsection shall not preclude community colleges and universities from awarding credit by examination based on student performance on examinations developed within and recognized by the individual postsecondary institutions.

(6)  The International Baccalaureate Program shall be the curriculum in which eligible secondary students are enrolled in a program of studies offered through the International Baccalaureate Program administered by the International Baccalaureate Office. The State Board of Education shall establish rules which specify the cutoff scores and International Baccalaureate Examinations which will be used to grant postsecondary credit at community colleges and universities. Any such rules, which have the effect of raising the required cutoff score or of changing the International Baccalaureate Examinations which will be used to grant postsecondary credit, shall only apply to students taking International Baccalaureate Examinations after such rules are adopted by the State Board of Education. Students shall be awarded a maximum of 30 semester credit hours pursuant to this subsection. The specific course for which a student receives such credit shall be determined by the community college or university that accepts the student for admission. Students enrolled pursuant to this subsection shall be exempt from the payment of any fees for administration of the examinations. During the 1997-1998, 1998-1999, and 1999-2000 school years, the Department of Education shall assist up to three school districts in conducting a pilot of the Advanced International Certificate of Education Program administered by the University of Cambridge Local Examinations Syndicate. The department shall produce an evaluation report and recommendations regarding the comparability of the Advanced International Certificate of Education Program to the International Baccalaureate Program and submit the report to the President of the Senate and the Speaker of the House of Representatives on or before October 1, 2000.

(7)(a)  It is the intent of the Legislature to provide articulated acceleration mechanisms for students who are in home education programs, as defined in s. 228.041(34), consistent with the educational opportunities available to public and private secondary school students. Home education students may participate in dual enrollment, vocational dual enrollment, early admission, and credit by examination.

(b)  The dual enrollment program for home education students consists of the enrollment of an eligible home education secondary student in a postsecondary course creditable toward an associate degree, a vocational certificate, or a baccalaureate degree. To participate in the dual enrollment program, an eligible home education secondary student must:

1.  Provide proof of enrollment in a home education program pursuant to s. 232.0201.

2.  Be responsible for his or her own instructional materials and transportation unless provided for otherwise.

(c)  Each community college and each state university shall:

1.  Delineate courses and programs for dually enrolled home education students. Courses and programs may be added, revised, or deleted at any time.

2.  Identify eligibility criteria for home education student participation, not to exceed those required of other dually enrolled students.

History.--s. 6, ch. 87-212; s. 1, ch. 90-365; s. 1, ch. 96-214; s. 13, ch. 97-2; ss. 32, 38, ch. 97-246; s. 4, ch. 98-163; s. 8, ch. 98-272.

240.1161  District interinstitutional articulation agreements.--

(1)  Superintendents of schools and community college presidents are responsible for the development and implementation of a comprehensive articulated acceleration program for the students enrolled in their respective school districts and service areas. Within this general responsibility, each superintendent and president shall develop a comprehensive interinstitutional articulation agreement for the school district and community college that serves the school district. The superintendent and president shall establish an articulation committee for the purpose of developing this agreement. Each state university president is encouraged to designate a university representative to participate in the development of the interinstitutional articulation agreements for each school district within the university service area.

(2)  The district interinstitutional articulation agreement for each school year must be completed before high school registration for the fall term of the following school year. The agreement must include, but is not limited to, the following components:

(a)  A ratification or modification of all existing articulation agreements.

(b)1.  A delineation of courses and programs composed of dual enrollment students.

2.  An identification of eligibility criteria for student participation in dual enrollment courses and programs.

3.  A delineation of institutional responsibilities regarding student screening prior to enrollment and monitoring student performance subsequent to enrollment in dual enrollment courses and programs.

4.  An identification of the criteria by which the quality of dual enrollment courses and programs are to be judged and a delineation of institutional responsibilities for the maintenance of instructional quality.

5.  A delineation of institutional responsibilities for assuming the cost of dual enrollment courses and programs that includes such responsibilities for student instructional materials.

6.  An identification of responsibility for providing student transportation if the dual enrollment instruction is conducted at a facility other than the high school campus.

7.  A delineation of the process for converting college credit hours earned through dual enrollment and early admission programs to high school credit based on mastery of course outcomes.

¹(c)  Mechanisms and strategies for reducing the incidence of postsecondary remediation in math, reading, and writing for first-time-enrolled recent high school graduates, based upon the findings in the postsecondary readiness-for-college report produced pursuant to s. 240.118. Each articulation committee shall annually analyze and assess the effectiveness of the mechanisms toward meeting the goal of reducing postsecondary remediation needs. Results of the assessment shall be annually presented to participating district school boards and community college boards of trustees and shall include, but not be limited to:

1.  Mechanisms currently being initiated.

2.  An analysis of problems and corrective actions.

3.  Anticipated outcomes.

4.  Strategies for the better preparation of students upon graduation from high school.

5.  An analysis of costs associated with the implementation of postsecondary remedial education and secondary-level corrective actions.

6.  The identification of strategies for reducing costs of the delivery of postsecondary remediation for recent high school graduates, including the consideration and assessment of alternative instructional methods and services such as those produced by private providers.

Wherever possible, public schools and community colleges are encouraged to share resources, form partnerships with private industries, and implement innovative strategies and mechanisms such as distance learning, summer student and faculty workshops, parental involvement activities, and the distribution of information over the Internet. The Legislature may provide performance incentive funds for the effective implementation of remedial reduction plans developed and implemented pursuant to this paragraph. The district interinstitutional articulation agreement shall include a plan that outlines the mechanisms and strategies for improving the preparation of elementary, middle, and high school teachers. Effective collaboration among school districts, postsecondary institutions, and practicing educators is essential to improving teaching in Florida's elementary and secondary schools and consequently, the retention and success of students through high school graduation and into postsecondary education. Professional development programs shall be developed cooperatively and include curricular content which focuses upon local and state needs and responds to state, national, and district policy and program priorities. School districts and community colleges are encouraged to develop plans which utilize new technologies, address critical needs in their implementation, and include both preservice and inservice initiatives.

(d)  Mechanisms and strategies for promoting "tech prep" programs of study. Such mechanisms should raise awareness about the programs, promote enrollment in the programs, and articulate students from a secondary portion into a planned, related postsecondary portion of a sequential program of study that leads to a terminal postsecondary vocational or technical education degree or certificate.

(3)  The superintendent of schools is responsible for incorporating, either directly or by reference, all dual enrollment courses contained within the district interinstitutional articulation agreement within the district pupil progression plan.

(4)  Courses and programs may be added to or deleted from the district interinstitutional articulation agreement at any time. Such additions and deletions must be mutually approved by the superintendent of schools and community college president before incorporation into the agreement.

(5)  School districts and community colleges may enter into additional interinstitutional articulation agreements with state universities for the purposes of this section. School districts may also enter into interinstitutional articulation agreements with eligible independent colleges and universities pursuant to s. 236.081(1)(g). State universities and community colleges may enter into interinstitutional articulation agreements with nonpublic secondary schools pursuant to s. 240.116.

(6)  The Department of Education shall approve any course for inclusion in the dual enrollment program that is contained within the common course designation and numbering system. However, college-preparatory and other forms of precollegiate instruction, and physical education and other courses that focus on the physical execution of a skill rather than the intellectual attributes of the activity, may not be so approved, but must be evaluated individually for potential inclusion in the dual enrollment program.

History.--s. 7, ch. 87-212; s. 36, ch. 89-278; s. 2, ch. 90-365; s. 3, ch. 95-143; s. 14, ch. 97-2; s. 9, ch. 97-246; s. 2, ch. 99-13; s. 2, ch. 99-150.

¹Note.--Section 5, ch. 99-150, provides that "[t]his act shall take effect July 1, 1999, and shall apply beginning with the Fall term in 1999."

240.1162  Articulation accountability process.--The State Board of Education shall develop articulation accountability measures which assess the status of systemwide articulation processes authorized under s. 240.115. The State Board of Education shall establish an articulation accountability process which at a minimum shall address:

(1)  The impact of articulation processes on ensuring educational continuity and the orderly and unobstructed transition of students between public secondary and postsecondary education systems.

(2)  The adequacy of preparation of public secondary students to smoothly articulate to a public postsecondary institution.

(3)  The effectiveness of articulated acceleration mechanisms available to secondary students.

(4)  The smooth transfer of community college associate in arts degree graduates to a state university.

(5)  An examination of degree requirements which exceed the parameters of 60 credit hours for an associate degree and 120 hours for a baccalaureate degree in public postsecondary programs.

(6)  The relationship between the College Level Academic Skills Test Program and articulation to the upper division in public postsecondary institutions.

History.--s. 1, ch. 93-234.

240.1163  Joint dual enrollment and advanced placement instruction.--

(1)  Each school district, community college, and state university may conduct advanced placement instruction within dual enrollment courses. Each joint dual enrollment and advanced placement course shall be incorporated within and subject to the provisions of the district interinstitutional articulation agreement pursuant to s. 240.1161. Such agreement shall certify that each joint dual enrollment and advanced placement course integrates, at a minimum, the course structure recommended by the College Board and the structure that corresponds to the common course number.

(2)  Each student enrolled in a joint dual enrollment and advanced placement course may be funded pursuant to either the dual enrollment or advanced placement formula specified in s. 236.081; however, no student shall be funded through both programs for enrollment in a course provided through this section. The district school board reporting enrollments for such courses shall utilize the funding formula that more closely approximates the cost of conducting the course. No student shall be reported for advanced placement funding who fails to meet the examination requirement for such funding.

(3)  Postsecondary credit for student completion of a joint dual enrollment and advanced placement course shall be awarded, based on the stated preference of the student, as either dual enrollment or advanced placement credit; however, an award of advanced placement credit shall be limited to students who score a minimum of 3, on a 5-point scale, on the Advanced Placement Examination. No student shall claim double credit based on the completion of a single joint dual enrollment and advanced placement course, nor shall any student enrolled pursuant to this section be required to complete the Advanced Placement Examination.

(4)  School districts and community colleges must weigh college-level dual enrollment courses the same as honors courses and advanced placement courses when grade point averages are calculated. Alternative grade calculation or weighting systems that discriminate against dual enrollment courses are prohibited.

(5)  The Commissioner of Education may approve dual enrollment agreements for limited course offerings that have statewide appeal. Such programs shall be limited to a single site with multiple county participation.

History.--s. 8, ch. 87-212; s. 5, ch. 98-421.

240.117  Common placement testing for public postsecondary education.--

(1)  The State Board of Education shall develop and implement a common placement test for the purpose of assessing the basic computation and communication skills of students who intend to enter a degree program at any public community college or state university. The State Board of Education shall adopt rules which enable the community colleges and state universities to implement appropriate modifications of the test instruments or test procedures for students with disabilities.

(2)  The common placement testing program shall include at a minimum the following: the capacity to diagnose basic competencies in the areas of English, reading, and mathematics which are essential to perform college-level work; prerequisite skills that relate to progressively advanced instruction in mathematics, such as algebra and geometry; prerequisite skills that relate to progressively advanced instruction in language arts, such as English composition and literature; prerequisite skills which relate to the College Level Academic Skills Test (CLAST); and provision of test information to students on the specific deficiencies.

(3)  The Articulation Coordinating Committee shall recommend and the State Board of Education shall adopt rules that would require high schools to give the common placement test prescribed in this section, or an equivalent test identified by the State Board of Education, at the beginning of the tenth grade year before enrollment in the eleventh grade year in public high school for the purpose of obtaining remedial instruction prior to entering public postsecondary education.

(4)¹(a)  Community college or state university students who have been identified as requiring additional preparation pursuant to subsection (1) shall enroll in college-preparatory or other adult education pursuant to s. 239.301 in community colleges to develop needed college-entry skills. These students shall be permitted to take courses within their degree program concurrently in other curriculum areas for which they are qualified while enrolled in college-preparatory instruction courses. A student enrolled in a college-preparatory course may concurrently enroll only in college credit courses that do not require the skills addressed in the college-preparatory course. The State Board of Community Colleges shall specify the college credit courses that are acceptable for students enrolled in each college-preparatory skill area, pursuant to s. 240.311(3)(q). A student who wishes to earn an associate in arts or a baccalaureate degree, but who is required to complete a college-preparatory course, must successfully complete the required college-preparatory studies by the time the student has accumulated 12 hours of lower-division college credit degree coursework; however, a student may continue enrollment in degree-earning coursework provided the student maintains enrollment in college-preparatory coursework for each subsequent semester until college-preparatory coursework requirements are completed, and the student demonstrates satisfactory performance in degree-earning coursework. A passing score on a standardized, institutionally developed test must be achieved before a student is considered to have met basic computation and communication skills requirements; however, no student shall be required to retake any test or subtest that was previously passed by said student. A student shall be funded to enroll in the same college-preparatory class within a skill area only twice, after which time the student shall pay 100 percent of the full cost of instruction to support continuous enrollment of that student in the same class and such student shall not be included in calculations of full-time equivalent enrollments for state funding purposes; however, students who withdraw or fail a class due to extenuating circumstances may be granted an exception only once for each class, provided approval is granted according to policy established by the board of trustees. Each community college shall have the authority to review and reduce fees paid by students due to continued enrollment in a college-preparatory class on an individual basis contingent upon the student's financial hardship, pursuant to definitions and fee levels established by the State Board of Community Colleges. Credit awarded for college-preparatory instruction may not be counted towards fulfilling the number of credits required for a degree.

(b)  The administrators of a state university may contract with a community college board of trustees for the community college to provide such instruction on the state university campus. Any state university in which the percentage of incoming students requiring college-preparatory instruction equals or exceeds the average percentage of such students for the community college system may offer college-preparatory instruction without contracting with a community college; however, any state university offering college-preparatory instruction as of January 1, 1996, may continue to provide such services.

(5)  A student may not be enrolled in a college credit mathematics or English course on a dual enrollment basis unless the student has demonstrated adequate precollegiate preparation on the section of the basic computation and communication skills assessment required pursuant to subsection (1) that is appropriate for successful student participation in the course.

History.--s. 24, ch. 83-325; s. 24, ch. 84-336; s. 9, ch. 87-212; s. 26, ch. 89-381; s. 52, ch. 92-136; s. 2, ch. 93-234; s. 4, ch. 95-392; s. 15, ch. 97-2; s. 1, ch. 97-100; ss. 11, 46, ch. 97-246; s. 3, ch. 99-150.

¹Note.--Section 5, ch. 99-150, provides that "[t]his act shall take effect July 1, 1999, and shall apply beginning with the Fall term in 1999."

240.118  Postsecondary feedback of information to high schools.--

(1)  The State Board of Education shall adopt rules that require the Commissioner of Education to report to the State Board of Education, the Legislature, and the school districts on the performance of each first-time-in-postsecondary education student from each public high school in this state who is enrolled in a university, community college, or public technical center. Such reports must be based on information databases maintained by the Division of Universities, Division of Community Colleges, and Division of Workforce Development. In addition, the universities, community colleges, and technical centers shall provide school districts access to information on student performance in regular and preparatory courses and shall indicate students referred for remediation pursuant to s. 240.117 or s. 239.213.

(2)  The Commissioner of Education shall report, by high school, to the State Board of Education and the Legislature, no later than ¹November 31 of each year, on the number of prior year Florida high school graduates who enrolled for the first time in public postsecondary education in this state during the previous summer, fall, or spring term, indicating the number of students whose scores on the common placement test indicated the need for remediation through college-preparatory or vocational-preparatory instruction pursuant to s. 240.117 or s. 239.213.

(3)  The Commissioner of Education shall organize school summary reports and student-level records by school district and high school in which the postsecondary education students were enrolled and report the information to each school district no later than January 31 of each year.

(4)  As a part of the school improvement plan pursuant to s. 229.592, the State Board of Education shall ensure that each school district and high school develops strategies to improve student readiness for the public postsecondary level based on annual analysis of the feedback report data.

(5)  The Commissioner of Education shall annually recommend to the Legislature statutory changes to reduce the incidence of postsecondary remediation in mathematics, reading, and writing for first-time-enrolled recent high school graduates.

History.--s. 25, ch. 83-325; s. 16, ch. 86-145; s. 68, ch. 90-288; s. 21, ch. 90-302; s. 3, ch. 93-234; s. 16, ch. 97-2; s. 2, ch. 97-100; s. 24, ch. 97-307; s. 42, ch. 99-398.

¹Note.--November has only 30 days.

240.1201  Determination of resident status for tuition purposes.--Students shall be classified as residents or nonresidents for the purpose of assessing tuition fees in public community colleges and universities.

(1)  As defined under this section:

(a)  The term "dependent child" means any person, whether or not living with his or her parent, who is eligible to be claimed by his or her parent as a dependent under the federal income tax code.

(b)  The term "institution of higher education" means any of the constituent institutions under the jurisdiction of the State University System or the Florida Community College System.

(c)  A "legal resident" or "resident" is a person who has maintained his or her residence in this state for the preceding year, has purchased a home which is occupied by him or her as his or her residence, or has established a domicile in this state pursuant to s. 222.17.

(d)  The term "parent" means the natural or adoptive parent or legal guardian of a dependent child.

(e)  A "resident for tuition purposes" is a person who qualifies as provided in subsection (2) for the in-state tuition rate; a "nonresident for tuition purposes" is a person who does not qualify for the in-state tuition rate.

(2)(a)  To qualify as a resident for tuition purposes:

1.  A person or, if that person is a dependent child, his or her parent or parents must have established legal residence in this state and must have maintained legal residence in this state for at least 12 months immediately prior to his or her qualification.

2.  Every applicant for admission to an institution of higher education shall be required to make a statement as to his or her length of residence in the state and, further, shall establish that his or her presence or, if the applicant is a dependent child, the presence of his or her parent or parents in the state currently is, and during the requisite 12-month qualifying period was, for the purpose of maintaining a bona fide domicile, rather than for the purpose of maintaining a mere temporary residence or abode incident to enrollment in an institution of higher education.

(b)  However, with respect to a dependent child living with an adult relative other than the child's parent, such child may qualify as a resident for tuition purposes if the adult relative is a legal resident who has maintained legal residence in this state for at least 12 months immediately prior to the child's qualification, provided the child has resided continuously with such relative for the 5 years immediately prior to the child's qualification, during which time the adult relative has exercised day-to-day care, supervision, and control of the child.

(c)  The legal residence of a dependent child whose parents are divorced, separated, or otherwise living apart will be deemed to be this state if either parent is a legal resident of this state, regardless of which parent is entitled to claim, and does in fact claim, the minor as a dependent pursuant to federal individual income tax provisions.

(3)  An individual shall not be classified as a resident for tuition purposes and, thus, shall not be eligible to receive the in-state tuition rate until he or she has provided such evidence related to legal residence and its duration as may be required by officials of the institution of higher education from which he or she seeks the in-state tuition rate.

(4)  With respect to a dependent child, the legal residence of such individual's parent or parents is prima facie evidence of the individual's legal residence, which evidence may be reinforced or rebutted, relative to the age and general circumstances of the individual, by the other evidence of legal residence required of or presented by the individual. However, the legal residence of an individual whose parent or parents are domiciled outside this state is not prima facie evidence of the individual's legal residence if that individual has lived in this state for 5 consecutive years prior to enrolling or reregistering at the institution of higher education at which resident status for tuition purposes is sought.

(5)  In making a domiciliary determination related to the classification of a person as a resident or nonresident for tuition purposes, the domicile of a married person, irrespective of sex, shall be determined, as in the case of an unmarried person, by reference to all relevant evidence of domiciliary intent. For the purposes of this section:

(a)  A person shall not be precluded from establishing or maintaining legal residence in this state and subsequently qualifying or continuing to qualify as a resident for tuition purposes solely by reason of marriage to a person domiciled outside this state, even when that person's spouse continues to be domiciled outside of this state, provided such person maintains his or her legal residence in this state.

(b)  A person shall not be deemed to have established or maintained a legal residence in this state and subsequently to have qualified or continued to qualify as a resident for tuition purposes solely by reason of marriage to a person domiciled in this state.

(c)  In determining the domicile of a married person, irrespective of sex, the fact of the marriage and the place of domicile of such person's spouse shall be deemed relevant evidence to be considered in ascertaining domiciliary intent.

(6)  Any nonresident person, irrespective of sex, who marries a legal resident of this state or marries a person who later becomes a legal resident may, upon becoming a legal resident of this state, accede to the benefit of the spouse's immediately precedent duration as a legal resident for purposes of satisfying the 12-month durational requirement of this section.

(7)  A person shall not lose his or her resident status for tuition purposes solely by reason of serving, or, if such person is a dependent child, by reason of his or her parent's or parents' serving, in the Armed Forces outside this state.

(8)  A person who has been properly classified as a resident for tuition purposes but who, while enrolled in an institution of higher education in this state, loses his or her resident tuition status because the person or, if he or she is a dependent child, the person's parent or parents establish domicile or legal residence elsewhere shall continue to enjoy the in-state tuition rate for a statutory grace period, which period shall be measured from the date on which the circumstances arose that culminated in the loss of resident tuition status and shall continue for 12 months. However, if the 12-month grace period ends during a semester or academic term for which such former resident is enrolled, such grace period shall be extended to the end of that semester or academic term.

(9)  Any person who ceases to be enrolled at or who graduates from an institution of higher education while classified as a resident for tuition purposes and who subsequently abandons his or her domicile in this state shall be permitted to reenroll at an institution of higher education in this state as a resident for tuition purposes without the necessity of meeting the 12-month durational requirement of this section if that person has reestablished his or her domicile in this state within 12 months of such abandonment and continuously maintains the reestablished domicile during the period of enrollment. The benefit of this subsection shall not be accorded more than once to any one person.

(10)  The following persons shall be classified as residents for tuition purposes:

(a)  Active duty members of the Armed Services of the United States residing or stationed in this state, their spouses, and dependent children.

(b)  Active duty members of the Armed Services of the United States and their spouses attending a public community college or university within 50 miles of the military establishment where they are stationed, if such military establishment is within a county contiguous to Florida.

(c)  United States citizens living on the Isthmus of Panama, who have completed 12 consecutive months of college work at the Florida State University Panama Canal Branch, and their spouses and dependent children.

(d)  Full-time instructional and administrative personnel employed by state public schools, community colleges, and institutions of higher education, as defined in s. 228.041, and their spouses and dependent children.

(e)  Students from Latin America and the Caribbean who receive scholarships from the federal or state government. Any student classified pursuant to this paragraph shall attend, on a full-time basis, a Florida institution of higher education.

(f)  Southern Regional Education Board's Academic Common Market graduate students attending Florida's state universities.

(g)  Full-time employees of state agencies or political subdivisions of the state when the student fees are paid by the state agency or political subdivision for the purpose of job-related law enforcement or corrections training.

(h)  McKnight Doctoral Fellows and Finalists who are United States citizens.

(i)  United States citizens living outside the United States who are teaching at a Department of Defense Dependent School or in an American International School and who enroll in a Board of Regents-approved graduate level education program which leads to a Florida teaching certificate.

(j)  Active duty members of the Canadian military residing or stationed in this state under the North American Air Defense (NORAD) agreement, and their spouses and dependent children, attending a public community college or university within 50 miles of the military establishment where they are stationed.

History.--s. 20, ch. 83-325; s. 82, ch. 84-336; s. 12, ch. 85-196; s. 5, ch. 86-139; s. 1, ch. 89-367; s. 4, ch. 89-381; s. 21, ch. 92-321; s. 1, ch. 93-242; s. 25, ch. 95-148; s. 1, ch. 95-365; s. 5, ch. 95-392; s. 17, ch. 96-420; s. 5, ch. 98-65; s. 7, ch. 99-4; s. 3, ch. 99-13.

240.122  Postsecondary education funding.--Public postsecondary educational institutions shall be funded through a program budgeting system that takes into consideration program needs as well as the number of students. The system shall assure that program review results are utilized in budget decisions.

History.--s. 6, ch. 83-325.

¹240.124  Funding for continuous enrollment in college credit courses.--A student enrolled in the same undergraduate college-credit course more than twice shall pay matriculation at 100 percent of the full cost of instruction and shall not be included in calculations of full-time equivalent enrollments for state funding purposes. However, students who withdraw or fail a class due to extenuating circumstances may be granted an exception only once for each class, provided that approval is granted according to policy established by the board of trustees of the community colleges or the Board of Regents for the State University System. Each community college and state university shall have the authority to review and reduce fees paid by students due to continued enrollment in a college-credit class on an individual basis contingent upon the student's financial hardship, pursuant to definitions and fee levels established by the State Board of Community Colleges for the community colleges and the Board of Regents for the State University System. For purposes of this section, first-time enrollment in a class shall mean enrollment in a class beginning fall semester 1997, and calculations of the full cost of instruction shall be based on the systemwide average of the prior year's cost of undergraduate programs for the Community College System and the State University System. The Board of Regents and the State Board of Community Colleges may make exceptions to this section for individualized study, elective coursework, courses that are repeated as a requirement of a major, and courses that are intended as continuing over multiple semesters, excluding the repeat of coursework more than two times to increase grade point average or meet minimum course grade requirements.

History.--s. 47, ch. 97-246; s. 4, ch. 99-150.

¹Note.--Section 5, ch. 99-150, provides that "[t]his act shall take effect July 1, 1999, and shall apply beginning with the Fall term in 1999."

240.125  Postsecondary consortia; cooperation.--

(1)  Community colleges and universities serving the same students in a geographic and service area are encouraged to establish appropriate interinstitutional mechanisms to achieve cooperative planning and delivery of academic programs and related services, share a high-cost instructional facility and equipment, coordinate credit and noncredit outreach activities, have access to each other's library and media holdings and services, and provide cooperative campus activities and consultative relationships for the discussion and resolution of interinstitutional issues and problems which discourage student access or transfer.

(2)  Public community colleges and universities are encouraged to include independent colleges and universities and industries within their service areas in mutual planning of a comprehensive, complementary, cost-effective array of undergraduate and beginning graduate programs of study to serve that geographic area.

(3)  The Commissioner of Education is authorized to establish a Trust Fund for Postsecondary Cooperation. The trust fund shall be used to reward institutional creativity and initiative in assisting student articulation and in cooperating with local business and industry. These initiatives may include:

(a)  Local consortia or institutional arrangements.

(b)  Organized faculty and professional staff networks.

(c)  The use of adjunct faculty from industry.

(d)  Apprenticeship or cooperative training of students.

(4)  The Postsecondary Education Planning Commission shall review, set priorities for, and recommend to the commissioner proposals for use of the fund. The commissioner has authority to make grants from the trust fund.

(5)  The Postsecondary Education Planning Commission shall recommend to the State Board of Education rules to implement this section.

History.--s. 66, ch. 79-222; s. 7, ch. 83-325.

240.126  Consortium of institutions of higher learning; funds for purposes of ch. 86-139.--There shall be established a consortium of public and private institutions of higher education to coordinate efforts related to the acquisition and allocation of state funds appropriated to the consortium and federal funds for the purposes of chapter 86-139, Laws of Florida.

History.--s. 7, ch. 86-139.

240.127  Florida Uniform Management of Institutional Funds Act.--

(1)  SHORT TITLE.--This section may be cited as the "Florida Uniform Management of Institutional Funds Act."

(2)  DEFINITIONS.--As used in this section:

(a)  "Institution" means an incorporated or unincorporated organization organized and operated exclusively for educational purposes, or a governmental entity to the extent that it holds funds exclusively for educational purposes.

(b)  "Institutional fund" means a fund held by an institution for its exclusive use, benefit, or purposes, but does not include a fund held for an institution by a trustee that is not an institution or a fund in which a beneficiary that is not an institution has an interest, other than possible rights that could arise upon violation or failure of the purposes of the fund.

(c)  "Endowment fund" means an institutional fund, or any part thereof, not wholly expendable by the institution on a current basis under the terms of the applicable gift instrument.

(d)  "Governing board" means the body responsible for the management of an institution or of an institutional fund.

(e)  "Historic dollar value" means the aggregate fair value in dollars of an endowment fund at the time it became an endowment fund, each subsequent donation to the fund at the time it is made, and each accumulation made pursuant to a direction in the applicable gift instrument at the time the accumulation is added to the fund. The determination of historic dollar value made in good faith by the institution is conclusive.

(f)  "Gift instrument" means a will, deed, grant, conveyance, agreement, memorandum, writing, or other governing document, including the terms of any institutional solicitations from which an institutional fund resulted, under which property is transferred to or held by an institution as an institutional fund.

(3)  APPROPRIATION OF APPRECIATION.--The governing board may appropriate for expenditure for the uses and purposes for which an endowment fund is established so much of the net appreciation, realized and unrealized, in the fair value of the assets of an endowment fund over the historic dollar value of the fund as is prudent under the standard established by subsection (7). This subsection does not limit the authority of the governing board to expend funds as permitted under other law, the terms of the applicable gift instrument, or the charter of the institution.

(4)  RULE OF CONSTRUCTION.--Subsection (3) does not apply if the applicable gift instrument indicates the donor's intention that net appreciation shall not be expended. A restriction upon the expenditure of net appreciation may not be implied from a designation of a gift as an endowment, or from a direction or authorization in the applicable gift instrument to use only "income," "interest," "dividends," or "rents, issues or profits," or "to preserve the principal intact," or a direction which contains other words of similar import. This rule of construction applies to gift instruments executed or in effect before or after October 1, 1990.

(5)  INVESTMENT AUTHORITY.--In addition to an investment otherwise authorized by law or by the applicable gift instrument, and without restriction to investments a fiduciary may make, the governing board, subject to any specific limitations set forth in the applicable gift instrument or in the applicable law other than law relating to investments by a fiduciary, may:

(a)  Invest and reinvest an institutional fund in any real or personal property deemed advisable by the governing board, whether or not it produces a current return, including mortgages, stocks, bonds, debentures, and other securities of profit or nonprofit corporations, shares in or obligations of associations, partnerships, or individuals, and obligations of any government or subdivision or instrumentality thereof.

(b)  Retain property contributed by a donor to an institutional fund for as long as the governing board deems advisable.

(c)  Include all or any part of an institutional fund in any pooled or common fund maintained by the institution.

(d)  Invest all or any part of an institutional fund in any other pooled or common fund available for investment, including shares or interests in regulated investment companies, mutual funds, common trust funds, investment partnerships, real estate investment trusts, or similar organizations in which funds are commingled and investment determinations are made by persons other than the governing board.

(6)  DELEGATION OF INVESTMENT MANAGEMENT.--Except as otherwise provided by the applicable gift instrument or by applicable law relating to governmental institutions or funds, the governing board may delegate to its committees, officers or employees of the institution or the fund, or agents, including investment counsel, the authority to act in place of the board in investment and reinvestment of institutional funds; contract with independent investment advisers, investment counsel or managers, banks, or trust companies, so to act; and authorize the payment of compensation for investment advisory or management services.

(7)  STANDARD OF CONDUCT.--In the administration of the powers to appropriate appreciation, to make and retain investments, and to delegate investment management of institutional funds, members of a governing board shall exercise ordinary business care and prudence under the facts and circumstances prevailing at the time of the action or decision. In so doing they shall consider long and short term needs of the institution in carrying out its educational purposes, its present and anticipated financial requirements, expected total return on its investments, price level trends, and general economic conditions.

(8)  RELEASE OF RESTRICTIONS ON USE OR INVESTMENT.--

(a)  With the written consent of the donor, the governing board may release, in whole or in part, a restriction imposed by the applicable gift instrument on the use or investment of an institutional fund.

(b)  If written consent of the donor cannot be obtained by reason of his or her death, disability, unavailability, or impossibility of identification, the governing board may apply in the name of the institution to the circuit court of the county in which the institution is located for release of a restriction imposed by the applicable gift instrument on the use or investment of an institutional fund. The Attorney General shall be notified of the application and shall be given an opportunity to be heard. If the court finds that the restriction is obsolete, inappropriate, or impracticable, it may by order release the restriction in whole or in part. A release under this subsection may not change an endowment fund to a fund that is not an endowment fund.

(c)  A release under this section may not allow a fund to be used for purposes other than the educational purposes of the institution affected.

(d)  This subsection does not limit the application of the doctrine of cy-pres.

(9)  UNIFORMITY OF APPLICATION AND CONSTRUCTION.--This act shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this act among those states which enact it.

History.--s. 1, ch. 90-297; s. 6, ch. 95-148.

Note.--Former s. 237.41.

240.128  Approval required for certain university-related facility acquisitions.--No university or university direct-support organization shall accept or purchase facilities for which the state will be asked for operating funds unless there has been prior approval for acquisition granted by the Legislature.

History.--s. 9, ch. 90-365.

Note.--Former s. 237.42.

240.132  Participation by students or employees in disruptive activities at state institutions of higher learning; penalties.--

(1)  Any person who shall accept the privilege extended by the laws of this state of attendance or employment at any state college, state community college, or state university shall, by so attending or working at such institution, be deemed to have given his or her consent to the policies of that institution, the Board of Regents of the Division of Universities of the Department of Education, and the laws of this state. Such policies shall include prohibition against disruptive activities at state institutions of higher learning.

(2)  After it has been determined that a student or employee of a state institution of higher learning has participated in disruptive activities, the following penalties may be imposed against such person:

(a)  Immediate termination of contract of such employee of the state institution of higher learning, and thereafter such person shall not be employed by any state public school, state college, state community college, or state university;

(b)  Immediate expulsion of such student from the institution of higher learning for a minimum of 2 years.

History.--ch. 69-279; ss. 15, 35, ch. 69-106; s. 70, ch. 72-221; s. 92, ch. 79-222; s. 26, ch. 95-148.

Note.--Former s. 239.581.

240.1325  Hazing prohibited.--

(1)  As used in this section, "hazing" means any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student for the purpose of initiation or admission into or affiliation with any organization operating under the sanction of a postsecondary institution. Such term includes, but is not limited to, any brutality of a physical nature, such as whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or other forced physical activity which could adversely affect the physical health or safety of the student, and also includes any activity which would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct which could result in extreme embarrassment, or other forced activity which could adversely affect the mental health or dignity of the student.

(2)  Public and private colleges and universities whose students receive state student financial assistance must adopt a written antihazing policy and under such policy must adopt rules prohibiting students or other persons associated with any student organization from engaging in hazing.

(3)  Public and private colleges and universities must provide a program for the enforcement of such rules and must adopt appropriate penalties for violations of such rules, to be administered by the person at the college or university responsible for student activities of the college or university organization.

History.--s. 1, ch. 90-327.

240.133  Expulsion and discipline of students of the State University System and community colleges.--

(1)  Each student in the State University System and each student in a community college is subject to federal and state law, respective county and municipal ordinances, and all rules and regulations of the Board of Regents or board of trustees of the community college.

(2)  Violation of these published laws, ordinances, or rules and regulations may subject the violator to appropriate action by the university or community college authorities.

(3)  Each president of a university in the State University System and each president of a community college shall have authority, after notice to the student of the charges and after a hearing thereon, to expel, suspend, or otherwise discipline any student who is found to have violated any law, ordinance, or rule or regulation of the Board of Regents or of the board of trustees of the community college. A student may be entitled to waiver of expulsion:

(a)  If the student provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or principals or of any other person engaged in violations of chapter 893 within the State University System or community colleges;

(b)  If the student voluntarily discloses his or her violations of chapter 893 prior to his or her arrest; or

(c)  If the student commits himself or herself, or is referred by the court in lieu of sentence, to a state-licensed drug abuse program and successfully completes the program.

History.--ss. 1, 2, 3, ch. 69-366; ss. 2, 3, ch. 70-362; s. 70, ch. 72-221; ss. 17, 18, ch. 73-331; s. 8, ch. 78-95; s. 93, ch. 79-222; s. 1, ch. 79-319; s. 144, ch. 81-259; s. 11, ch. 87-243; s. 27, ch. 95-148.

Note.--Former s. 239.582.

240.134  Religious observances.--Each state university, community college, and ¹degree career education school shall adopt a policy in accordance with rules of the Board of Regents, the State Board of Community Colleges, or the State Board of Education which reasonably accommodates the religious observance, practice, and belief of individual students in regard to admissions, class attendance, and the scheduling of examinations and work assignments. Each policy shall include a grievance procedure by which a student who believes that he or she has been unreasonably denied an educational benefit due to his or her religious belief or practices may seek redress. Such policy shall be made known to faculty and students annually in inclusion in the institution's handbook, manual, or other similar document regularly provided to faculty and students.

History.--s. 2, ch. 88-317; s. 28, ch. 95-148.

¹Note.--The term "degree career education" was substituted for the term "postsecondary vocational" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

240.135  Funds provided by the United States.--The State Board of Education, through its chair, may sign all vouchers for all moneys coming to the State University System from the United States, or any fund provided by the United States and which shall be paid by it to the state for the benefit of the institutions, and shall deposit the same with the Treasurer.

History.--s. 29, ch. 5384, 1905; RGS 609; CGL 765; s. 3, ch. 65-130; ss. 15, 35, ch. 69-106; s. 91, ch. 79-222; s. 29, ch. 95-148.

Note.--Former s. 239.04.

240.136  Suspension and removal from office of elected student government officials; referendum.--Each state university and community college student government association shall establish a process within 60 days of this act becoming a law to provide for the removal from office of any elected student government official who has been convicted of a violation of criminal law or has been found civilly liable for an act of moral turpitude, after all available rights of judicial appeal have been exercised or waived or have expired. The process shall include a procedure for the immediate suspension of the student government official from elected office following the conviction or civil finding and during any appeal, and shall provide for the temporary successor to the subject office pending completion of any appeal. The process must also include a procedure for registered students to petition for a referendum recommending to the student government association the removal of a student official from elected office. The referendum must be held within 60 days of filing of the petition. The recommendation to remove the subject official from elected office shall be made by majority vote of the students participating in the referendum. The action of a student government association under this section shall be subject to an appeal to the university or community college president or designee.

History.--s. 55, ch. 98-421.

240.139  Records; microfilming, disposal of originals.--Any other provision of law to the contrary notwithstanding, any record required to be kept by any state university or community college may be reproduced on microfilm and the original of the record may thereupon be disposed of as the state university or community college sees fit.

History.--s. 21, ch. 89-381.

240.145  Postsecondary Education Planning Commission.--

(1)  There is established the Postsecondary Education Planning Commission, which is assigned to the Department of Education. The commission shall be administratively housed within the office of the Commissioner of Education, but it shall independently exercise the responsibilities assigned herein or delegated by the State Board of Education. The commission shall serve as an advisory body to the State Board of Education and other appropriate state agencies and entities on all matters relating to postsecondary education. In addition, the commission's reports and recommendations shall be made available to the Legislature, the State Board of Education, other appropriate government officials, other appropriate state agencies and entities, and the postsecondary educational institutions in this state.

(2)  The commission shall be composed of 11 members of the general public and one full-time student representing the postsecondary education system of the state. Each member shall be appointed by the Governor, approved by three members of the State Board of Education other than the Governor, and confirmed by the Senate. Members shall serve staggered 4-year terms, except for the full-time student member, who shall serve for 1 year; however, of the initial nonstudent appointees, two shall hold 1-year terms, three shall hold 2-year terms, three shall hold 3-year terms, and three shall hold 4-year terms. The student member shall be selected annually with the qualification that he or she be a registered full-time student at a postsecondary educational institution as defined in ¹chapter 230, relating to public ²area technical centers; in this chapter, relating to public community colleges and universities; or in chapter 246, relating to nonpublic colleges, universities, and vocational schools. The members of the commission shall elect a chair annually. The Governor shall fill all vacancies, subject to approval and confirmation, that may at any time occur on the commission.

(3)  The commission shall meet as often as it deems necessary to carry out its duties and responsibilities.

(4)  The commission shall appoint an executive director to serve at its pleasure, who shall perform the duties assigned to him or her by the commission. The executive director shall be the chief administrative officer of the commission and shall be responsible for appointing all employees and staff members of the commission, who shall serve under his or her direction and control.

(5)  Members shall be paid travel and per diem expenses as provided in s. 112.061 while performing their duties under the provisions of this act.

History.--ss. 3, 6, ch. 81-162; ss. 1, 4, ch. 82-46; s. 2, ch. 83-265; s. 6, ch. 84-94; s. 83, ch. 90-201; s. 26, ch. 91-5; ss. 2, 3, ch. 91-8; s. 5, ch. 91-429; s. 30, ch. 95-148.

¹Note.--Chapter 230 does not define the term "postsecondary educational institution."

²Note.--The term "area technical center" was substituted for the term "area vocational-technical center" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

240.147  Powers and duties of the commission.--The commission shall:

(1)  Serve as a citizen board to coordinate the efforts of postsecondary institutions in this state and provide independent policy analyses and recommendations to the State Board of Education and the Legislature.

(2)  Prepare and submit to the State Board of Education a master plan for postsecondary education. The plan shall include consideration of the promotion of quality, fundamental educational goals, programmatic access, needs for remedial education, regional and state economic development, international education programs, demographic patterns, student demand for programs, needs of particular subgroups of the population, implementation of innovative educational techniques and technology, and the requirements of the labor market. The capacity of existing programs, in both public and independent institutions, to respond to identified needs shall be evaluated, and a plan shall be developed to respond efficiently to unmet needs. The master plan shall serve as the basis for the development of strategic plans by the Board of Regents, the State Board of Community Colleges, and the Independent Colleges and Universities of Florida. Development of the sector strategic plans shall be initiated following completion of the master plan to ensure coordination in addressing identified needs and strategies throughout postsecondary education.

(3)  Recommend guidelines for the development of institutional roles, review plans of the postsecondary boards and institutions, and relay these plans to the State Board of Education and the Legislature.

(4)  Recommend to the State Board of Education contracts with independent institutions to conduct programs consistent with the state master plan for postsecondary education. In making recommendations, the commission shall consider the annual report submitted by the Board of Regents pursuant to s. 240.209(3)(s). Each program shall be reviewed, with the cooperation of the institution, every 5 years.

(5)  Recommend to the State Board of Education rules concerning the planning and coordination of postsecondary educational programs. These rules shall provide for the sector boards to assure that:

(a)  Program reviews are conducted statewide.

(b)  Every major program in public postsecondary education is reviewed every 5 years.

(c)  Budget requests reflect program review results.

(d)  Program decisions lead to the distinctive roles established for public universities and community colleges.

(6)  Advise the State Board of Education regarding the need for and location of new programs, institutions, campuses, and instructional centers of public postsecondary education.

(7)  Recommend to the State Board of Education for adoption criteria for the establishment of new community colleges and state universities, which criteria shall address:

(a)  Proximity to existing institutions and assessment of the impact on existing institutions.

(b)  Potential program duplication.

(c)  Regional demographic characteristics.

(d)  The efficient use of resources.

(8)  Recommend to the State Board of Education and the Legislature the establishment of additional branch campuses of public postsecondary educational institutions. A branch campus may not be established without a review by the commission and formal authorization by the Legislature. Any community college branch campus established to provide only vocational and technical instruction must be reviewed and recommended again by the commission and receive specific authorization by the Legislature before expanding its instructional offerings to the college parallel program area.

(9)  Review the establishment of those instructional centers which require approval by the Board of Regents or the State Board of Community Colleges.

(10)  Review public postsecondary education budget requests for compliance with the state master plan before submission to the State Board of Education.

(11)  Assist the State Board of Education in the conduct of its postsecondary educational responsibilities in such capacities as the state board deems appropriate.

(12)  Update the state master plan for postsecondary education every 5 years.

(13)  Conduct studies and planning activities related to the overall improvement and effectiveness of postsecondary education in this state.

(14)  Review implementation of the state master plan and annually report to the State Board of Education and the Legislature the progress towards implementation.

(15)  In consultation with the Independent Colleges and Universities of Florida, recommend to the Legislature accountability measures and an accountability process for independent institutions that participate in the William L. Boyd, IV, Florida Resident Access Grant Program. The process shall make use of existing information submitted to the federal and state governments. The process shall provide for an assessment of the benefits and cost-effectiveness of the William L. Boyd, IV, Florida Resident Access Grant Program in providing state residents with access to 4-year college programs and with the successful completion of a baccalaureate degree. The commission shall provide oversight of this accountability process.

(16)  Periodically review the design and implementation of the accountability processes and reports of the State University System, Florida Community College System, and public and independent postsecondary institutions. At least every 5 years, evaluate the extent to which each plan is contributing to the achievement of state goals for postsecondary education and report to the State Board of Education, the President of the Senate, and the Speaker of the House of Representatives with recommendations on any changes needed in the accountability process or plans.

History.--ss. 4, 6, ch. 81-162; ss. 1, 4, ch. 82-46; s. 2, ch. 83-265; s. 8, ch. 83-325; s. 6, ch. 84-94; s. 27, ch. 89-381; s. 84, ch. 90-201; s. 27, ch. 91-5; ss. 1, 2, 3, ch. 91-8; s. 4, ch. 91-55; s. 5, ch. 91-429; s. 21, ch. 94-230; s. 11, ch. 95-243; s. 22, ch. 95-392; s. 25, ch. 97-307; s. 6, ch. 98-65; s. 4, ch. 99-13.

240.152  Impaired and learning disabled persons; admission to postsecondary institutions; substitute requirements; rules.--Any person who is hearing impaired, visually impaired, or dyslexic, or who has a specific learning disability, shall be eligible for reasonable substitution for any requirement for admission to a state university, community college, or ¹degree career education institution where documentation can be provided that the person's failure to meet the admission requirement is related to the disability. The State Board of Education, the Board of Regents, and the State Board of Community Colleges shall adopt rules to implement this section and shall develop substitute admission requirements where appropriate.

History.--s. 1, ch. 86-194.

¹Note.--The term "degree career education" was substituted for the term "postsecondary vocational" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

240.153  Impaired and learning disabled persons; graduation, study program admission, and upper-division entry; substitute requirements; rules.--Any student in a state university, community college, or ¹degree career education institution who is hearing impaired, visually impaired, or dyslexic, or who has a specific learning disability, shall be eligible for reasonable substitution for any requirement for graduation, for admission into a program of study, or for entry into upper division where documentation can be provided that the person's failure to meet the requirement is related to the disability and where the failure to meet the graduation requirement or program admission requirement does not constitute a fundamental alteration in the nature of the program. The State Board of Education, the Board of Regents, and the State Board of Community Colleges shall adopt rules to implement this section and shall develop substitute requirements where appropriate.

History.--s. 2, ch. 86-194.

¹Note.--The term "degree career education" was substituted for the term "postsecondary vocational" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

240.155  Campus master plans and campus development agreements.--

(1)  This section contains provisions for campus planning and concurrency management that supersede the requirements of part II of chapter 163, except when stated otherwise in this section. These special growth management provisions are adopted in recognition of the unique relationship between campuses of the State University System and the local governments in which they are located. While the campuses provide research and educational benefits of statewide and national importance, and further provide substantial educational, economic, and cultural benefits to their host local governments, they may also have an adverse impact on the public facilities and services and natural resources of host governments. On balance, however, universities should be considered as vital public facilities of the state and local governments. The intent of this section is to address this unique relationship by providing for the preparation of campus master plans and associated campus development agreements.

(2)  As used in this section:

(a)  "Affected local government" means a unit of local government that provides public services to or is responsible for maintaining facilities within a campus of an institution in the State University System or is directly affected by development that is proposed for a campus.

(b)  "Affected person" means a host local government; an affected local government; any state, regional, or federal agency; or a person who resides, owns property, or owns or operates a business within the boundaries of a host local government or affected local government.

(c)  "Host local government" means a local government within the jurisdiction of which all or part of a campus of an institution is located, but does not include a county if no part of an institution is located within its unincorporated area.

(d)  "Institution" means a university in the State University System.

(3)  The Board of Regents shall, no later than 24 months after July 1, 1993, prepare and adopt a campus master plan for the campus of each institution over which it has jurisdiction. The master plan must identify general land uses and address the need for and plans for provision of roads, parking, public transportation, solid waste, drainage, sewer, potable water, and recreation and open space during the coming 10 to 20 years. The plans must contain elements relating to future land use, intergovernmental coordination, capital improvements, recreation and open space, general infrastructure, housing, and conservation. Each element must address compatibility with the surrounding community. The master plan must identify specific land uses, location of structures, densities and intensities of use, and contain standards for onsite development, site design, environmental management, and the preservation of historic and archaeological resources. The transportation element must address reasonable transportation demand management techniques to minimize offsite impacts where possible. Data and analyses on which the elements are based must include, at a minimum: the characteristics of vacant lands; projected impacts of development on onsite and offsite infrastructure, public services, and natural resources; student enrollment projections; student housing needs; and the need for academic and support facilities. Master plans must be updated at least every 5 years.

(4)  Campus master plans may contain additional elements at the discretion of the Board of Regents; however, such elements are not subject to review under this section. These additional elements may include the academic mission of the institution, academic program, utilities, public safety, architectural design, landscape architectural design, and facilities maintenance.

(5)  Subject to the right of the Board of Regents to initiate the dispute resolution provisions of subsection (8), a campus master plan must not be in conflict with the comprehensive plan of the host local government and the comprehensive plan of any affected local governments. A campus master plan must be consistent with the state comprehensive plan.

(6)  Before a campus master plan is adopted, a copy of the draft master plan must be sent for review to the host and any affected local governments, the state land planning agency, the Department of Environmental Protection, the Department of Transportation, the Department of State, the Fish and Wildlife Conservation Commission, and the applicable water management district and regional planning council. These agencies must be given 90 days after receipt of the campus master plans in which to conduct their review and provide comments to the Board of Regents. The commencement of this review period must be advertised in newspapers of general circulation within the host local government and any affected local government to allow for public comment. Following receipt and consideration of all comments, and the holding of at least two public hearings within the host jurisdiction, the Board of Regents shall adopt the campus master plan. It is the intent of the Legislature that the Board of Regents comply with the notice requirements set forth in s. 163.3184(15) to ensure full public participation in this planning process. Campus master plans developed under this section are not rules and are not subject to chapter 120 except as otherwise provided in this section.

(7)  Notice that the campus master plan has been adopted must be forwarded within 45 days after its adoption to any affected person that submitted comments on the draft campus master plan. The notice must state how and where a copy of the master plan may be obtained or inspected. Within 30 days after receipt of the notice of adoption of the campus master plan, or 30 days after the date the adopted plan is available for review, whichever is later, an affected person who submitted comments on the draft master plan may petition the Board of Regents, challenging the campus master plan as not being in compliance with this section or any rule adopted under this section. The petition must state each objection, identify its source, and provide a recommended action. A petition filed by an affected local government may raise only those issues directly pertaining to the public facilities or services that the affected local government provides to or maintains within the campus or to the direct impact that campus development would have on the affected local government.

(8)  Following receipt of a petition, the petitioning party or parties and the Board of Regents shall mediate the issues in dispute as follows:

(a)  The parties have 60 days to resolve the issues in dispute. Other affected parties that submitted comments on the draft campus master plan must be given the opportunity to participate in these and subsequent proceedings.

(b)  If resolution of the matter cannot be achieved within 60 days, the issues must be submitted to the state land planning agency. The state land planning agency has 60 days to hold informal hearings, if necessary, identify the issues remaining in dispute, prepare a record of the proceedings, and submit the matter to the Administration Commission for final action. The report to the Administration Commission must list each issue in dispute, describe the nature and basis for each dispute, identify alternative resolutions of the dispute, and make recommendations.

(c)  After receiving the report from the state land planning agency, the Administration Commission shall take action to resolve the issues in dispute. In deciding upon a proper resolution, the Administration Commission shall consider the nature of the issues in dispute, the compliance of the parties with this section, the extent of the conflict between the parties, the comparative hardships, and the public interest involved. If the Administration Commission incorporates in its final order a term or condition that specifically requires the Board of Regents or a local government to amend or modify its plan, the Board of Regents shall have a reasonable period of time to amend or modify its plan, and a local government shall initiate the required plan amendment, which shall be exempt from the requirements of s. 163.3187(1). Any required amendment to a local government comprehensive plan must be limited in scope so as to only relate to specific impacts attributable to the campus development. The final order of the Administration Commission is subject to judicial review as provided in s. 120.68.

(9)  An amendment to a campus master plan must be reviewed and adopted under subsections (6)-(8) if such amendment, alone or in conjunction with other amendments, would:

(a)  Increase density or intensity of use of land on the campus by more than 10 percent;

(b)  Decrease the amount of natural areas, open space, or buffers on the campus by more than 10 percent; or

(c)  Rearrange land uses in a manner that will increase the impact of any proposed campus development by more than 10 percent on a road or on another public facility or service provided or maintained by the state, the county, the host local government, or any affected local government.

(10)  Upon adoption of a campus master plan, the Board of Regents shall draft a proposed campus development agreement for each local government and send it to the local government within 270 days after the adoption of the relevant campus master plan.

(11)  At a minimum, each campus development agreement:

(a)  Must identify the geographic area of the campus and local government covered by the campus development agreement.

(b)  Must establish its duration, which must be at least 5 years and not more than 10 years.

(c)  Must address public facilities and services including roads, sanitary sewer, solid waste, drainage, potable water, parks and recreation, and public transportation.

(d)  Must, for each of the facilities and services listed in paragraph (c), identify the level-of-service standard established by the applicable local government, identify the entity that will provide the service to the campus, and describe any financial arrangements between the Board of Regents and other entities relating to the provision of the facility or service.

(e)  Must, for each of the facilities and services listed in paragraph (c), determine the impact of existing and proposed campus development reasonably expected over the term of the campus development agreement on each service or facility and any deficiencies in such service or facility which the proposed campus development will create or to which it will contribute.

(f)  May, if proposed by the Board of Regents, address the issues prescribed in paragraphs (d) and (e) with regard to additional facilities and services, including, but not limited to, electricity, nonpotable water, law enforcement, fire and emergency rescue, gas, and telephone.

(g)  Must, to the extent it addresses issues addressed in the campus master plan and host local government comprehensive plan, be consistent with the adopted campus master plan and host local government comprehensive plan.

(12)(a)  Each proposed campus development agreement must clearly identify the lands to which the Board of Regents intends the campus development agreement to apply.

(b)  Such land may include:

1.  Land to be purchased by the Board of Regents and titled in the name of the Board of Trustees of the Internal Improvement Trust Fund for use by an institution over the life of the campus development agreement.

2.  Land not owned by the Board of Trustees of the Internal Improvement Trust Fund if the Board of Regents intends to undertake development activities on the land during the term of the campus development agreement.

(c)  Land owned by the Board of Trustees of the Internal Improvement Trust Fund for lease to the Board of Regents acting on behalf of the institution may be excluded, but any development activity undertaken on excluded land is subject to part II of chapter 163.

(13)  With regard to the impact of campus development on the facilities and services listed in paragraph (11)(c), the following applies:

(a)  All improvements to facilities or services which are necessary to eliminate the deficiencies identified in paragraph (11)(e) must be specifically listed in the campus development agreement.

(b)  The Board of Regent's fair share of the cost of the measures identified in paragraph (a) must be stated in the campus development agreement. In determining the fair share, the effect of any demand management techniques, which may include such techniques as flexible work hours and carpooling, that are used by the Board of Regents to minimize the offsite impacts shall be considered.

(c)  The Board of Regents is responsible for paying the fair share identified in paragraph (b), and it may do so by:

1.  Paying a fair share of each of the improvements identified in paragraph (a); or

2.  Taking on full responsibility for the improvements, selected from the list of improvements identified in paragraph (a), and agreed to between the host local government and the Board of Regents, the total cost of which equals the contribution identified in paragraph (b).

(d)  All concurrency management responsibilities of the Board of Regents are fulfilled if the Board of Regents expends the total amount of funds identified in paragraph (b) notwithstanding that the Board of Regents may not have undertaken or made contributions to some of the measures identified in paragraph (a).

(e)  Capital projects included in the campus development agreement may be used by the local government for the concurrency management purposes.

(f)  Funds provided by universities in accordance with campus development agreements are subject to appropriation by the Legislature. A development authorized by a campus development agreement may not be built until the funds to be provided pursuant to paragraph (b) are appropriated by the Legislature.

(14)  A campus development agreement may not address or include any standards or requirements for onsite development, including environmental management requirements or requirements for site preparation.

(15)  Once the Board of Regents and host local government agree on the provisions of the campus development agreement, the campus development agreement shall be executed by the Board of Regents and the host local government in a manner consistent with the requirements of s. 163.3225. Once the campus development agreement is executed, it is binding upon the Board of Regents and host local government. A copy of the executed campus development agreement must be sent to the state land planning agency within 14 days after the date of execution.

(16)  If, within 180 days following the host local government's receipt of the proposed campus development agreement, the Board of Regents and host local government cannot reach agreement on the provisions of the campus development agreement, the following procedures for resolving the matter must be followed:

(a)  The matter must be submitted to the state land planning agency, which has 60 days to hold informal hearings, if necessary, and identify the issues remaining in dispute, prepare a record of the proceedings, and submit the matter to the Administration Commission for final action. The report to the Administration Commission must list each issue in dispute, describe the nature and basis for each dispute, identify alternative resolutions of each dispute, and make recommendations.

(b)  After receiving the report from the state land planning agency, the Administration Commission shall take action to resolve the issues in dispute. In deciding upon a proper resolution, the Administration Commission shall consider the nature of the issues in dispute, the compliance of the parties with this section, the extent of the conflict between the parties, the comparative hardships, and the public interest involved. In resolving the matter, the Administration Commission may prescribe, by order, the contents of the campus development agreement.

(17)  Disputes that arise in the implementation of an executed campus development agreement must be resolved as follows:

(a)  Each party shall select one mediator and notify the other in writing of the selection. Thereafter, within 15 days after their selection, the two mediators selected by the parties shall select a neutral, third mediator to complete the mediation panel.

(b)  Each party is responsible for all costs and fees payable to the mediator selected by it and shall equally bear responsibility for the costs and fees payable to the third mediator for services rendered and costs expended in connection with resolving disputes pursuant to the campus development agreement.

(c)  Within 10 days after the selection of the mediation panel, proceedings must be convened by the panel to resolve the issues in dispute.

(d)  Within 60 days after the convening of the panel, the panel shall issue a report containing a recommended resolution of the issues in dispute.

(e)  If either the Board of Regents or local government rejects the recommended resolution of the issues in dispute, the disputed issues must be resolved pursuant to the procedures provided by subsection (16).

(18)  Once the campus development agreement is executed, all campus development may proceed without further review by the host local government if it is consistent with the adopted campus master plan and associated campus development agreement.

(19)  A campus development agreement may be amended under subsections (10)-(16):

(a)  In conjunction with any amendment to the campus master plan subject to the requirements in subsection (9).

(b)  If either party delays by more than 12 months the construction of a capital improvement identified in the agreement.

(20)  Any party to a campus development agreement or aggrieved or adversely affected person, as defined in s. 163.3215(2), may file an action for injunctive relief in the circuit court where the host local government is located to enforce the terms of a campus development agreement or to challenge compliance of the agreement with this section. This action shall be the sole and exclusive remedy of an adversely affected person other than a party to the agreement to enforce any rights or obligations arising from a development agreement.

(21)  State and regional environmental program requirements remain applicable, except that this section supersedes all other sections of part II of chapter 163 and s. 380.06 except as provided in this section.

(22)  In consultation with the state land planning agency, the Board of Regents shall adopt rules implementing subsections (3)-(6) within 180 days after July 1, 1993. The rules must set specific schedules and procedures for the development and adoption of campus master plans.

(23)  Until the campus master plan and campus development agreement for an institution have been finalized, any dispute between the Board of Regents and a local government relating to campus development for that institution shall be resolved by the process established in subsection (8).

History.--s. 43, ch. 93-206; s. 59, ch. 94-356; s. 70, ch. 99-245.

240.156  State University System Concurrency Trust Fund.--Notwithstanding any other provision of law, the general revenue service charge deducted pursuant to s. 215.20 on revenues raised by any local option motor fuel tax levied pursuant to s. 336.025(1)(b), as created by chapter 93-206, Laws of Florida, shall be deposited in the State University System Concurrency Trust Fund, which is hereby created. Moneys in such trust fund shall be for the purpose of funding State University System offsite improvements required to meet concurrency standards adopted under part II of chapter 163. In addition, in any year in which campus master plans are updated pursuant to s. 240.155, but no more frequently than once every 5 years, up to 25 percent of the balance in the trust fund for that year may be used to defray the costs incurred in updating those campus master plans.

History.--s. 1, ch. 93-176; s. 44, ch. 93-206; s. 5, ch. 99-13; s. 3, ch. 99-252.

240.2011  State University System defined.

240.202  Exercise of authority.

240.203  Board of Education; responsibilities for higher education.

240.205  Board of Regents incorporated.

240.207  Board of Regents; appointment of members; qualifications and terms of office.

240.209  Board of Regents; powers and duties.

240.2093  Board of Regents; issuance of bonds pursuant to ¹s. 11(e), Art. VII, State Constitution.

240.2094  State University System management flexibility.

240.20941  Vacant faculty positions.

240.2095  Board of Regents program approval.

240.2097  Limited access status; transfer students; student handbook; HIV and AIDS policy.

240.2098  University student ombudsman office.

240.2099  Computer-assisted student advising system; plans.

240.2111  Employee recognition program.

240.2112  Incentive efficiency program; employee bonuses.

240.213  Board authorized to secure liability insurance.

240.214  State University System accountability process.

240.2145  State University System accountability process; annual evaluation.

240.215  Payment of costs of civil action against employees or members of the Board of Regents.

240.217  When board may exercise right of eminent domain.

240.219  Department of Legal Affairs to represent board in condemnation proceedings.

240.222  Assent to Hatch Act and Morrill Land-Grant Act.

240.223  Board of Regents empowered to act as trustee.

240.227  University presidents; powers and duties.

240.229  Universities; powers; patents, copyrights, and trademarks.

240.231  Universities; payment of costs of civil action.

240.233  Universities; admissions of students.

240.2333  Foreign language competence; equivalence determinations.

240.235  Fees.

240.237  Student records.

240.239  Associate in arts degrees; issuance.

240.241  Divisions of sponsored research at state universities.

240.242  University leasing in affiliated research and development park.

240.243  Required number of classroom teaching hours for university faculty members.

240.245  Evaluations of faculty members; report.

240.246  Faculty members; test of spoken English.

240.2475  State University System employment equity accountability program.

240.253  Personnel records.

240.2601  State University System Facility Enhancement Challenge Grant Program.

240.2605  Trust Fund for Major Gifts.

240.261  Disciplinary rules.

240.262  Hazing prohibited at state universities.

240.263  Regulation of traffic at universities; definitions.

240.264  Rules of universities; municipal ordinances.

240.265  Violations; penalties.

240.266  Payment of fines; jurisdiction and procedures of university traffic authority; campus violation fines.

240.267  Use of traffic and parking moneys.

240.268  University police.

240.2682  Florida Postsecondary Education Security Information Act.

240.2683  Report of campus crime statistics.

240.2684  Assessment of physical plant safety.

240.271  State University System; funding.

240.272  Carryforward of unexpended funds.

240.273  Property applied to the State University System; apportionment.

240.274  Universities; public documents distributed to libraries.

240.275  Law libraries of certain institutions of higher learning designated as state legal depositories.

240.276  Specified university publications; activities; trust funds.

240.277  Additional appropriation.

240.279  Working capital trust funds established.

240.2803  Auxiliary enterprises; contracts, grants, and donations; definitions.

240.28031  Ancillary Facilities Construction Trust Fund.

240.28035  Education--Contracts, Grants, and Donations Trust Fund.

240.2805  Administration of capital improvement and building fees trust funds.

240.281  Deposit of funds received by institutions and agencies in the State University System.

240.283  Extra compensation for State University System employees.

240.285  Transfer of funds.

240.287  Investment of university agency and activity funds; earnings used for scholarships.

240.289  Credit card, charge card, and debit card use in university system; authority.

240.291  Delinquent accounts.

240.293  Contracts of institutions for supplies, utility services, and building construction exempt from operation of county or municipal ordinance or charter.

240.295  State University System; authorization for fixed capital outlay projects.

240.296  State University System Facilities Loan and Debt Surety Program.

240.2985  Ethics in Business Scholarship Program.

240.299  Direct-support organizations; use of property; board of directors; audit; facilities.

240.2995  University health services support organizations.

240.2996  University health services support organization; confidentiality of information.

240.2011  State University System defined.--The State University System shall consist of the following:

(1)  The Board of Regents of the Division of Universities of the Department of Education, with a central office located in Leon County.

(2)  The University of Florida, with a main campus located in Alachua County.

(3)  The Florida State University, with a main campus located in Leon County.

(4)  The Florida Agricultural and Mechanical University, with a main campus located in Leon County.

(5)  The University of South Florida, with a main campus located in Hillsborough County.

(6)  The Florida Atlantic University, with partner campuses located in Palm Beach County and Broward County.

(7)  The University of West Florida, with a main campus located in Escambia County.

(8)  The University of Central Florida, with a main campus located in Orange County.

(9)  The University of North Florida, with a main campus located in Duval County.

(10)  The Florida International University, with a main campus located in Dade County.

(11)  The Florida Gulf Coast University, with a main campus located in Fort Myers.

History.--s. 3, ch. 79-222; s. 8, ch. 91-55; s. 33, ch. 92-321; s. 1, ch. 94-248; s. 6, ch. 99-13.

240.202  Exercise of authority.--For the purposes of this chapter, the powers, duties, and authority vested with a university shall be vested with the president of the university or his or her designee.

History.--s. 2, ch. 81-201; s. 31, ch. 95-148.

240.203  Board of Education; responsibilities for higher education.--With respect to the State University System, the State Board of Education shall:

(1)  Approve all rules adopted by the Board of Regents before they are filed with the Department of State; however, if any rule is not disapproved by the Board of Education within 60 days of its adoption by the Board of Regents, the rule shall immediately be filed with the Department of State.

(2)  At all times exercise general supervision and control over the Board of Regents.

History.--s. 2, ch. 63-204; s. 1, ch. 65-96; s. 2, ch. 67-231; ss. 10, 35, ch. 69-106; s. 23, ch. 69-216; s. 65, ch. 71-377; s. 54, ch. 79-164; s. 89, ch. 79-222; s. 33, ch. 82-241.

Note.--Former s. 240.031.

240.205  Board of Regents incorporated.--The Board of Regents is hereby created as a body corporate with all the powers of a body corporate for all the purposes created by, or that may exist under, the provisions of this chapter or laws amendatory hereof and shall:

(1)  Have a corporate seal.

(2)  Elect a corporate secretary.

(3)  Have and employ a staff attorney and other authorized personnel.

(4)  Have power to contract and be contracted with, to sue and be sued, and to plead and be impleaded in all courts of law and equity.

(5)  Receive donations.

(6)  Acquire real and personal property and contract for the sale and disposal of same and approve and execute contracts for the acquisition of commodities, goods, equipment, contractual services, leases of real and personal property, and construction. The acquisition may include purchase by installment or lease-purchase. Such contracts may provide for payment of interest on the unpaid portion of the purchase price. The board may also acquire the same commodities, goods, equipment, contractual services, leases, and construction for use by a university when the contractual obligation exceeds $1 million. Title to all real property, however acquired, shall be vested in the Board of Trustees of the Internal Improvement Trust Fund and shall be transferred and conveyed by it. Notwithstanding any other provisions of this subsection, the Board of Regents shall comply with the provisions of s. 287.055 for the procurement of professional services as defined therein.

History.--s. 5, ch. 79-222; ss. 3, 12, ch. 85-241; s. 5, ch. 89-381; s. 12, ch. 90-365; s. 4, ch. 95-143; s. 7, ch. 98-65.

240.207  Board of Regents; appointment of members; qualifications and terms of office.--

(1)  The Board of Regents shall consist of the Commissioner of Education and 13 citizens of this state who shall be selected from the state at large, representative of the geographical areas of the state; who shall have been residents and citizens thereof for a period of at least 10 years prior to their appointment (one of whom shall be a member registered as a full-time student in the State University System and who shall have been a resident of this state for at least 5 years prior to appointment in lieu of the 10 years required of other members); and who shall be appointed by the Governor, approved by three members of the Cabinet, and confirmed by the Senate. However, no appointee shall take office until after his or her appointment has been approved by three members of the Cabinet. The State Board of Education shall develop rules and procedures for review and approval of the appointees. Except for the Commissioner of Education and except for the full-time student member, who shall serve for 1 year, the terms of office for the members of the Board of Regents shall be 6 years and until their successors are appointed and qualified, except in case of an appointment to fill a vacancy, in which case the appointment shall be for the unexpired term, and except as in this section otherwise provided. No member shall be selected from any county to serve with any other member from the same county, except that not more than two members may be selected from a county which has a population in excess of 900,000, and with the exceptions of the student member, who shall be selected at large, and the Commissioner of Education. The Governor shall fill all vacancies, subject to the above approval and confirmation, that may at any time occur on the board.

(2)  Members may be removed for cause at any time upon the concurrence of a majority of the members of the State Board of Education.

History.--s. 2, ch. 63-204; ss. 15, 35, ch. 69-106; s. 71, ch. 77-104; s. 1, ch. 77-442; s. 10, ch. 78-416; s. 1, ch. 79-128; s. 6, ch. 79-222; s. 1, ch. 81-139; s. 9, ch. 91-55; s. 32, ch. 95-148; s. 53, ch. 98-421; s. 13, ch. 99-252.

Note.--Former s. 240.011.

240.209  Board of Regents; powers and duties.--

(1)  The Board of Regents is primarily responsible for adopting systemwide rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law conferring duties upon it; planning for the future needs of the State University System; planning the programmatic, financial, and physical development of the system; reviewing and evaluating the instructional, research, and service programs at the universities; coordinating program development among the universities; and monitoring the fiscal performance of the universities.

(2)  The Board of Regents shall appoint a Chancellor to serve at its pleasure who shall perform such duties as are assigned to him or her by the board. The board shall fix the compensation and other conditions of employment for the Chancellor. The board shall also provide for the compensation and other conditions of employment for employees necessary to assist the board and the Chancellor in the performance of their duties. The Chancellor shall be the chief administrative officer of the board and shall be responsible for appointing all employees of the board who shall serve under his or her direction and control. The Chancellor must be qualified by training and experience to understand the problems and needs of the state in the field of postsecondary education. Search committee activities for the selection of the Chancellor up to the point of transmitting a list of nominees to the Board of Regents shall be confidential and exempt from the provisions of ss. 119.07(1) and 286.011.

(3)  The board shall:

(a)  Develop a plan for the future expansion of the State University System and recommend the establishment of new universities consistent with the criteria adopted by the State Board of Education pursuant to s. 229.053. The plan must include a procedure for the periodic assessment of the need for a new state university and specific standards for the minimum acreage, building space, staffing, and programmatic mix of state universities.

(b)  Appoint or remove the president of each university in accordance with procedures and rules adopted by the Board of Regents. The board may appoint a search committee to assist in evaluating presidential candidates. Each appointment of a university president shall be conducted in accordance with the provisions of ss. 119.07 and 286.011. The board shall determine the compensation and other conditions of employment for each president.

(c)  Approve new degree programs for all state universities. In so doing, the board shall be mindful of the differentiated missions of the several universities. New colleges, schools, or functional equivalents of any program leading to a degree which is offered as a credential for a specific license granted under the Florida Statutes or the State Constitution shall not be established without the specific approval of the Legislature.

(d)  Prepare the legislative budget requests, including fixed capital outlay requests, in accordance with chapter 216 and s. 235.41. The board shall provide to the individual universities fiscal policy guidelines, formats, and instructions for the development of individual university budget requests.

(e)  Establish student fees.

1.  By no later than December 1 of each year, the board shall raise the systemwide standard for resident undergraduate matriculation and financial aid fees for the subsequent fall term, up to but no more than 25 percent of the prior year's cost of undergraduate programs. In implementing this paragraph, fees charged for graduate, medical, veterinary, and dental programs may be increased by the Board of Regents in the same percentage as the increase in fees for resident undergraduates. However, in the absence of legislative action to the contrary in an appropriations act, the board may not approve annual fee increases for resident students in excess of 10 percent. The sum of nonresident student matriculation and tuition fees must be sufficient to defray the full cost of undergraduate education. Graduate, medical, veterinary, and dental fees charged to nonresidents may be increased by the board in the same percentage as the increase in fees for nonresident undergraduates. However, in implementing this policy and in the absence of legislative action to the contrary in an appropriations act, annual fee increases for nonresident students may not exceed 25 percent. In the absence of legislative action to the contrary in the General Appropriations Act, the fees shall go into effect for the following fall term.

2.  When the appropriations act requires a new fee schedule, the board shall establish a systemwide standard fee schedule required to produce the total fee revenue established in the appropriations act based on the product of the assigned enrollment and the fee schedule. The board may approve the expenditure of any fee revenues resulting from the product of the fee schedule adopted pursuant to this section and the assigned enrollment.

3.  Upon provision of authority in a General Appropriations Act to spend revenue raised pursuant to this section, the board shall approve a university request to implement a matriculation and out-of-state tuition fee schedule which is calculated to generate revenue which varies no more than 10 percent from the standard fee revenues authorized through an appropriations act. In implementing an alternative fee schedule, the increase in cost to a student taking 15 hours in one term shall be limited to 5 percent. Matriculation and out-of-state tuition fee revenues generated as a result of this provision are to be expended for implementing a plan for achieving accountability goals adopted pursuant to s. 240.214 and for implementing a Board of Regents-approved plan to contain student costs by reducing the time necessary for graduation without reducing the quality of instruction. The plans shall be recommended by a universitywide committee, at least one-half of whom are students appointed by the student body president. A chairperson, appointed jointly by the university president and the student body president, shall vote only in the case of a tie.

4.  The board is authorized to collect for financial aid purposes an amount not to exceed 5 percent of the student tuition and matriculation fee per credit hour. The revenues from fees are to remain at each campus and replace existing financial aid fees. Such funds shall be disbursed to students as quickly as possible. The board shall specify specific limits on the percent of the fees collected in a fiscal year which may be carried forward unexpended to the following fiscal year. A minimum of 50 percent of funds from the student financial aid fee shall be used to provide financial aid based on absolute need. A student who has received an award prior to July 1, 1984, shall have his or her eligibility assessed on the same criteria that was used at the time of his or her original award.

5.  The board may recommend to the Legislature an appropriate systemwide standard matriculation and tuition fee schedule.

6.  The Education and General Student and Other Fees Trust Fund is hereby created, to be administered by the Department of Education. Funds shall be credited to the trust fund from student fee collections and other miscellaneous fees and receipts. The purpose of the trust fund is to support the instruction and research missions of the State University System. Notwithstanding the provisions of s. 216.301, and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund and shall be available for carrying out the purposes of the trust fund.

(f)  Establish and maintain systemwide personnel programs for all State University System employees, including a systemwide personnel classification and pay plan, notwithstanding provisions of law that grant authority to the Department of Management Services over such programs for state employees. The board shall consult with the legislative appropriations committees regarding any major policy changes related to classification and pay which are in conflict with those policies in effect for career service employees with similar job classifications and responsibilities. The board may adopt rules delegating its authority to the Chancellor or the universities. The board shall submit, in a manner prescribed by law, any reports concerning State University System personnel programs as shall be required of the Department of Management Services for other state employees. The Department of Management Services shall retain authority over State University System employees for programs established in ss. 110.116, 110.123, 110.1232, 110.1234, 110.1235, and 110.1238 and in chapters 121, 122, and 238. The board shall adopt only those rules necessary to provide for a coordinated, efficient systemwide program and shall delegate to the universities all authority necessary for implementation of the program consistent with these coordinating rules so adopted and applicable collective bargaining agreements. Notwithstanding the provisions of s. 216.181(7), the salary rate controls for positions in budgets under the Board of Regents shall separately delineate the general faculty and all other categories.

(g)  Develop a plan, to be mutually agreed upon by applicable bargaining units, for the transfer of employees from career service status provisions of chapter 110. Subject to the approval of the President of the Senate and the Speaker of the House of Representatives, the plan shall become effective July 1, 1986.

(h)  Recommend to the Legislature any proposed changes in the Capital Improvement Trust Fund and building fees. The Capital Improvement Trust Fund fee is established as $2.44 per credit hour per semester. The building fee is established as $2.32 per credit hour per semester.

(i)  Terminate programs at the state universities pursuant to findings of reviews and evaluations of instructional, research, and service programs at the universities.

(j)  After consultation with the university presidents, adopt a systemwide strategic plan which specifies goals and objectives for the State University System. In developing this plan, the board shall consider the role of individual public and independent institutions within the state. The plan shall provide for the roles of the universities to be coordinated to best meet state needs and reflect cost-effective use of state resources. The strategic plan shall clarify mission statements and identify degree programs to be offered at each university in accordance with the objectives provided herein. The systemwide strategic plan shall be for a period of 5 years with modification of the program lists after 2 years. Development of each 5-year plan shall be coordinated with and initiated subsequent to completion of the master plan specified in s. 240.147. The Board of Regents shall submit a report to the Speaker of the House of Representatives and the President of the Senate upon modification of the system plan.

(k)  Seek the cooperation and advice of the officers and trustees of both public and private institutions of higher education in the state in performing its duties and making its plans, studies, and recommendations.

(l)  Coordinate and provide for educational television in the State University System.

(m)  Establish and maintain an effective information system which will provide composite data about the university system and assure that special analyses and studies of the universities are conducted, as necessary, for provision of accurate and cost-effective information about the universities and about the system as a whole.

(n)  Seek the cooperation and advice of superintendents and board members of local school districts in the state in performing its duties and making its plans, studies, and recommendations. The systemwide and university strategic plans shall specifically include programs and procedures for responding to the educational needs of teachers and students in the public schools of this state.

(o)  Submit to the State Board of Education, for approval, all new campuses and instructional centers approved by the board.

(p)  Notwithstanding the provisions of ss. 216.044, 255.248, 255.249, 255.25, 255.28, 255.29, and 287.055, adopt rules to administer a program for the maintenance and construction of facilities in the State University System and to secure, or otherwise provide as a self-insurer pursuant to s. 440.38(6), workers' compensation coverage for contractors and subcontractors, or each of them, employed by or on behalf of the Board of Regents when performing work on or adjacent to property owned or used by the Board of Regents or the State University System.

(q)  Adopt rules to ensure compliance with the provisions of ¹s. 287.0945, for all State University System procurement, and additionally, ss. 255.101 and 255.102, for construction contracts, and rules adopted pursuant thereto, relating to the utilization of minority business enterprises, except that procurements costing less than the amount provided for in CATEGORY FIVE as provided in s. 287.017 shall not be subject to ¹s. 287.0945(7)(a).

(r)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law conferring duties upon it, including, but not limited to, procedures to administer an acquisition program for the purchase or lease of real and personal property and contractual services pursuant to s. 240.205(6).

(s)  Monitor the extent of limited access programs within the state universities and report to the State Board of Education and the Legislature admissions and enrollment data for limited access programs. Such report shall be submitted by December 1, 1991, and annually thereafter, and shall assist in determining the potential need for academic program contracts with independent institutions pursuant to s. 229.053. The report shall include, for each limited access program within each institution, the following categories, by race and gender:

1.  The number of applicants.

2.  The number of applicants granted admission.

3.  The number of applicants who are granted admission and enroll.

4.  The number of applicants denied admission.

5.  The number of applicants neither granted admission nor denied admission.

Each category shall be reported for each term. Each category shall be reported by type of student, including the following subcategories: native student, community college associate in arts degree transfer student, and other student. Each category and subcategory shall further be reported according to the number of students who meet or exceed the minimum eligibility requirements for admission to the program and the number of students who do not meet or exceed the minimum eligibility requirements for admission to the program.

(t)  Adopt rules providing that each state university shall advise students who meet the minimum requirements for admission to the upper division of a state university, but are denied admission to limited access programs, of the availability of similar programs at other State University System institutions and the admissions requirements of such programs.

(4)  Any powers not specifically delegated to the universities by this act shall be retained by the Board of Regents unless further delegated by action of the board.

(5)  The Board of Regents is responsible for:

(a)  Maintaining access to state universities by qualified students regardless of financial need.

(b)  Coordinating with the Postsecondary Education Planning Commission the programs, including doctoral programs, to be reviewed every 5 years or whenever the board determines that the effectiveness or efficiency of a program is jeopardized. The board shall define the indicators of quality and the criteria for program review for every program. Such indicators shall include need, student demand, and resources available to support continuation. The results of the program reviews shall be tied to the university budget requests.

(c)  Coordinating the roles of the universities in order to best meet state needs and reflect cost-effective use of state resources.

(d)  Advising the Legislature concerning opportunities for bonding university revenues, including certificate of participation bonds.

(e)  Reviewing and approving or disapproving baccalaureate degree programs that exceed 120 semester hours, after consideration of accreditation requirements, employment and earnings of graduates, comparative program lengths nationally, and comparisons of similar programs offered by independent institutions. A two-thirds affirmative vote of the members of the Board of Regents must approve a request. By December 31 of each year, the Board of Regents must report to the Legislature any degrees in the State University System which require more than 120 hours, along with appropriate evidence of need. At least every 5 years, the Board of Regents must determine whether the programs still require more than the standard length of 120 hours.

(f)  Reviewing and approving or disapproving degree programs identified by the Articulation Coordinating Committee as unique pursuant to s. 229.551(1)(f)5. The Board of Regents shall ensure that university students are aware of unique program prerequisites.

(g)  Ensuring that at least half of the required coursework for any baccalaureate degree in the system is offered at the lower-division level, except in program areas approved by the Board of Regents pursuant to paragraph (e).

(h)  Recommending to the Legislature a plan for the implementation of an increased matriculation charge for students taking coursework in excess of degree requirements.

(i)  Recommending to the Legislature a plan for the implementation of block tuition programs and other incentives to encourage students to graduate in 4 years.

(6)  Notwithstanding the provisions of s. 216.262(1), the Board of Regents may authorize the rent or lease of parking facilities provided that such facilities are funded through parking fees or parking fines imposed by a university. The board may authorize a university to charge fees for parking at such rented or leased parking facilities.

(7)  The Board of Regents is authorized to permit full-time State University System employees who meet academic requirements to enroll for up to 6 credit hours of tuition-free courses per term on a space-available basis.

(8)  Notwithstanding the provisions of s. 283.33, books published by the State University System press shall not be subject to the bid requirements provided in s. 287.017.

(9)  Notwithstanding the provisions of s. 253.025, the Board of Regents may, with the consent of the Board of Trustees of the Internal Improvement Trust Fund, sell, convey, transfer, exchange, trade, or purchase real property and related improvements necessary and desirable to serve the needs and purposes of a university in the State University System.

(a)  The board may secure appraisals and surveys. The board shall comply with the rules of the Board of Trustees of the Internal Improvement Trust Fund in securing appraisals. Whenever the board finds it necessary for timely property acquisition, it may contract, without the need for competitive selection, with one or more appraisers whose names are contained on the list of approved appraisers maintained by the Division of State Lands in the Department of Environmental Protection.

(b)  The board may negotiate and enter into an option contract before an appraisal is obtained. The option contract must state that the final purchase price may not exceed the maximum value allowed by law. The consideration for such an option contract may not exceed 10 percent of the estimate obtained by the board or 10 percent of the value of the parcel, whichever is greater, unless otherwise authorized by the board.

(c)  This subsection is not intended to abrogate in any manner the authority delegated to the Board of Trustees of the Internal Improvement Trust Fund or the Division of State Lands to approve a contract for purchase of state lands or to require policies and procedures to obtain clear legal title to parcels purchased for state purposes. Title to property acquired by the board shall vest in the Board of Trustees of the Internal Improvement Trust Fund.

(10)  No school, college, or center at a state university shall be named for a living person unless approved by the Board of Regents.

History.--s. 7, ch. 79-222; s. 5, ch. 81-162; s. 34, ch. 82-241; s. 1, ch. 83-126; s. 9, ch. 83-325; ss. 2, 38, ch. 83-326; s. 25, ch. 84-336; ss. 4, 12, ch. 85-241; s. 1, ch. 86-145; s. 66, ch. 87-224; s. 2, ch. 88-230; s. 2, ch. 88-237; s. 1, ch. 88-241; s. 2, ch. 88-375; s. 28, ch. 89-381; s. 2, ch. 90-302; s. 70, ch. 90-360; ss. 3, 12, ch. 90-365; s. 91, ch. 91-45; s. 10, ch. 91-55; s. 98, ch. 92-279; s. 22, ch. 92-321; s. 55, ch. 92-326; s. 2, ch. 93-242; s. 22, ch. 94-230; s. 4, ch. 94-322; s. 1, ch. 95-112; s. 80, ch. 95-143; s. 817, ch. 95-148; ss. 3, 12, ch. 95-243; s. 23, ch. 95-392; s. 28, ch. 96-399; s. 91, ch. 96-406; s. 8, ch. 98-65; s. 34, ch. 98-200; s. 54, ch. 98-421; s. 4, ch. 99-252.

¹Note.--Repealed by s. 27, ch. 96-320. Section 287.0945(9), created by s. 1, ch. 96-412, was redesignated by the reviser as s. 373.607.

240.2093  Board of Regents; issuance of bonds pursuant to ¹s. 11(e), Art. VII, State Constitution.--

(1)  Pursuant to ¹s. 11(e), Art. VII of the State Constitution, the Board of Regents of the State University System, supported by the building fee, the capital improvement fee, or any other revenue approved by the Legislature for facilities construction, is authorized to request the issuance of bonds or other forms of indebtedness pursuant to the State Bond Act to finance or refinance capital projects authorized by the Legislature. In order to take advantage of economic conditions, the Division of Bond Finance shall process requests by the Board of Regents to refinance capital projects under this section on a priority basis.

(2)  The Board of Regents may approve the issuance of revenue bonds or other forms of indebtedness by a direct-support organization when such revenue bonds or other forms of indebtedness are used to finance or refinance capital projects which are to provide facilities necessary and desirable to serve the needs and purposes of the university, as determined by the systemwide strategic plan adopted by the Board of Regents, and when the project has been approved by the Legislature.

History.--s. 28, ch. 87-247; s. 1, ch. 94-230; s. 13, ch. 95-243; s. 24, ch. 95-392.

¹Note.--Paragraph 11(e), Art. VII, State Constitution, was redesignated as paragraph 11(f) to conform to the addition of a new paragraph 11(e) by Revision No. 5 (1998).

240.2094  State University System management flexibility.--

(1)  Notwithstanding the provisions of ss. 216.031, 216.181, 216.262, and 240.271 to the contrary and pursuant to the provisions of s. 216.351, but subject to any guidelines imposed in the General Appropriations Act, funds for the operation of the State University System shall be requested and appropriated within budget entities, program components, program categories, lump sums, or special categories. Funds appropriated to the State University System for each program category, lump sum, or special category may be transferred to traditional categories for expenditure by the Board of Regents. The Board of Regents shall provide each university an approved budget based upon the appropriations act, and the universities shall develop an annual operating budget that allocates funds by program component and traditional expenditure category.

(2)  Notwithstanding the provisions of s. 216.181 and pursuant to the provisions of s. 216.351, but subject to any requirements imposed in the General Appropriations Act, no lump-sum plan is required to implement the special categories, program categories, or lump-sum appropriations. Upon release of the special categories, program categories, or lump-sum appropriations to the Board of Regents, the Comptroller, upon the request of the Board of Regents, shall transfer or reallocate funds to or among accounts established for each university within each budget entity, for disbursement purposes. The Board of Regents shall maintain records to account for the original appropriation.

(3)  Notwithstanding the provisions of ss. 216.031, 216.181, 216.251, and 216.262 to the contrary and pursuant to the provisions of s. 216.351, but subject to any requirements imposed in the General Appropriations Act, the Board of Regents shall establish the authorized positions and initial approved salary rate and may amend such positions and rate, within the maximum number of total positions and salary rate authorized annually in the appropriations act.

History.--s. 11, ch. 91-55; s. 80, ch. 92-142.

240.20941  Vacant faculty positions.--Notwithstanding the provisions of s. 216.181(7), (8), and (9), and pursuant to the provisions of s. 216.351, actions to reduce positions, rate, or salaries and benefits, excluding salary lapse calculations, taken by the Legislature, by the Executive Office of the Governor, or by the Administration Commission which relate specifically to vacant positions, and which are applied on a uniform basis to all state employee positions, may affect the positions within the faculty pay plan approved and administered by the Board of Regents only to the extent that they do so by express reference to this section.

History.--s. 13, ch. 91-55; s. 7, ch. 99-13.

240.2095  Board of Regents program approval.--

(1)  The Board of Regents shall establish criteria for the approval of new programs at state universities, which criteria include, but are not limited to, the following:

(a)  New programs may not be approved unless the same objectives cannot be met through use of educational technology;

(b)  Unnecessary duplication of programs offered by independent institutions shall be avoided;

(c)  Cooperative programs, particularly within regions, should be encouraged; and

(d)  New programs shall be approved only if they are consistent with the state master plans adopted by the State Board of Education and the Board of Regents.

(2)  The Board of Regents may approve the addition of lower levels to an upper level university if the plan by the university for implementation provides for:

(a)  A limitation on the enrollment of freshmen and sophomores in the new lower divisions in recognition of the community college system.

(b)  Coordination of implementation with nearby independent and public postsecondary institutions regarding numbers of students and kinds of programs to be offered.

(c)  Undergraduate education to remain the primary thrust of the university.

(3)  The Board of Regents may approve a new graduate-level program if:

(a)  The university has taken into account the offerings of its counterparts, including institutions in other sectors, particularly at the regional level.

(b)  The addition of the program will not alter the emphasis on undergraduate education.

(c)  The regional need and demand for the graduate program was addressed and the community needs are obvious.

History.--s. 10, ch. 83-325.

240.2097  Limited access status; transfer students; student handbook; HIV and AIDS policy.--The Board of Regents shall adopt rules to include the following provisions:

(1)  The criteria for assigning limited access status to an educational program shall be delineated. A process for the periodic review of programs shall be identified so that the board can determine the need for retention or removal of limited access status.

(2)  Each university shall provide registration opportunities for transfer students that allow such students access to high demand courses comparable to that provided native students. Further, each university that provides an orientation program for freshman enrollees shall also provide orientation programs for transfer students. Each orientation program for freshmen or transfer students shall include education on the transmission and prevention of human immunodeficiency virus with emphasis on behavior and attitude change.

(3)  Each university shall review and update as necessary a student handbook that includes, but is not limited to, student rights and responsibilities, appeals processes available to students, a roster of contact persons within the administrative staff available to respond to student inquiries, and a statement as to the State University System policy on acquired immune deficiency syndrome including the name and telephone number of the university acquired immune deficiency syndrome counselor. Each student handbook must include a statement displayed prominently which provides that the university will not tolerate the sale, possession, or use of controlled substances, with the exception of medication prescribed by a physician and taken in accordance with the prescribed usage, nor will the university tolerate the consumption of alcoholic beverages by students younger than 21 years of age or the sale of alcoholic beverages to students younger than 21 years of age. Each student handbook must also list the legal and university-specific sanctions that will be imposed upon students who violate the law or university policies regarding controlled substances and alcoholic beverages.

(4)  The development of a comprehensive State University System policy that addresses the provision of instruction, information, and activities regarding human immunodeficiency virus infection and acquired immune deficiency syndrome. Such instruction, information, or activities shall emphasize the known modes of transmission of human immunodeficiency virus infection and acquired immune deficiency syndrome, signs and symptoms, associated risk factors, appropriate behavior and attitude change and means used to control the spread of human immunodeficiency virus infection and acquired immune deficiency syndrome.

History.--s. 31, ch. 86-145; s. 18, ch. 88-380; s. 3, ch. 90-302; s. 15, ch. 91-55; s. 9, ch. 98-65.

240.2098  University student ombudsman office.--

(1)  There is created at each university a student ombudsman office, which is accountable to the president.

(2)  Each university must have an established procedure by which a student may appeal to the office of the ombudsman a decision that is related to the student's access to courses and credit granted toward the degree. Detailed information concerning this procedure must be included in the university catalog.

(3)  Each university shall develop minimum standards for the role of ombudsman or student advocate. The standards shall address the issue of notification of students of opportunities for assistance or appeal.

History.--s. 21, ch. 95-243; s. 3, ch. 97-100.

240.2099  Computer-assisted student advising system; plans.--The Board of Regents and State Board of Community Colleges shall develop plans for implementing a single, statewide computer-assisted student advising system, which must be an integral part of the process of advising, registering, and certifying students for graduation. Plans shall include timelines for the implementation of the system and shall be submitted to the Legislature by October 1, 1996. It is intended that an advising system be the primary advising and tracking tool for students enrolled in community colleges and universities and be accessible to students enrolled in each of the state universities, community colleges, and public secondary schools. The State University System and the community college system shall establish a committee to oversee the development and maintenance of the advising system. The system shall consist of a degree audit and an articulation component that includes the following characteristics:

(1)  The system shall constitute an integral part of the process of advising students and assisting them in course selection. The system shall be accessible to students in the following ways:

(a)  A student must be able to access the system, at any time, to identify course options that will meet the requirements of a selected path toward a degree.

(b)  A status report from the system shall be generated and sent with each grade report to each student with a declared major.

(2)  The system shall be an integral part of the registration process. As part of the process, the system shall:

(a)  Provide reports that document each student's status toward completion of a degree.

(b)  Verify that a student has completed requirements for graduation.

(3)  The system must provide management information to decisionmakers, including information relating student enrollment patterns and course demands to plans for corresponding course offerings and information useful in planning the student registration process.

History.--s. 30, ch. 86-145; s. 4, ch. 95-243.

240.2111  Employee recognition program.--

(1)(a)  Notwithstanding the provisions of s. 110.1245, the Board of Regents and each university shall promulgate rules for an employee recognition program which provides for the following components:

1.  A superior accomplishment component to recognize employees who have contributed outstanding and meritorious service in their fields, including those who have made exceptional contributions to efficiency, economy, or other improvement in State University System operations. No cash award under the superior accomplishment component of the program shall exceed $1,000, excluding applicable taxes.

2.  A satisfactory service component to recognize employees who have achieved increments of 5 continuous years of satisfactory service to the Board of Regents, university, or state in appreciation and recognition of such service. No cash award granted under the satisfactory service component shall exceed $50, excluding applicable taxes.

(b)  The Board of Regents and each university are authorized to expend funds for such recognition and awards. Savings bonds may be awarded in lieu of cash awards, provided that their cost does not exceed the limits specified in this subsection. In addition, certificates, pins, plaques, letters of commendation, and other tokens of recognition may be awarded to an employee eligible for recognition under either component of the program, provided that the cost of such award does not exceed $50.

(2)  In addition to the two components specified in subsection (1), the Board of Regents and each university are authorized to incur expenditures not to exceed $50 each to award suitable framed certificates, plaques, or other tokens of recognition to the following individuals:

(a)  Retiring employees whose service with the Board of Regents or university has been satisfactory.

(b)  Any appointed member of a state board or commission whose service to the State University System has been satisfactory, upon the expiration of such board or commission member's final term in such position.

History.--s. 3, ch. 79-150; s. 5, ch. 85-68; s. 2, ch. 86-145; s. 2, ch. 87-68; s. 2, ch. 88-191; s. 4, ch. 90-365; s. 3, ch. 93-242.

240.2112  Incentive efficiency program; employee bonuses.--The Board of Regents is authorized to implement an incentive efficiency program to stimulate and encourage the development and implementation of ideas or procedures which eliminate or reduce expenditures of the Board of Regents or a university or which generate additional revenues. The savings or revenue generation realized by a university or the Board of Regents office under this program shall be used for employee incentive bonuses or for qualitative improvements to the area generating the savings or revenue or to other areas approved by the university president and the Board of Regents. No individual may receive a bonus in excess of 10 percent of the estimated savings that result from the first year of complete implementation of the proposal, or $25,000, whichever is lower.

History.--s. 1, ch. 89-195; s. 4, ch. 93-242.

240.213  Board authorized to secure liability insurance.--

(1)  The Board of Regents is authorized to secure, or otherwise provide as a self-insurer, or by a combination thereof, comprehensive general liability insurance, including professional liability for health care and veterinary sciences, for:

(a)  The board.

(b)  The students and faculty of any university within the State University System.

(c)  The officers, employees, or agents of the board.

(d)  The professional practitioners practicing a profession within, or by virtue of employment by, any university in the State University System.

(e)  Any of the universities in the State University System or subdivisions thereof.

(f)  Any not-for-profit corporation organized pursuant to chapter 617, and the directors, officers, employees, and agents thereof, which is affiliated with a university in the State University System, if the corporation is operated for the benefit of a state university in a manner consistent with the best interests of the state, and if such participation is approved by the appropriate insurance trust fund council, university president, and the Board of Regents.

The Board of Regents is authorized to delegate to the universities, as appropriate, the authority to secure any liability insurance for the above.

(2)  In the event the Board of Regents adopts a self-insurance program, the necessary trust funds in the State Treasury may be established pursuant to law. Provided that the annual actuarial report to the self-insurance trust fund council is provided each year to the Auditor General within 60 days after acceptance by the council, the assets of a self-insurance program may be deposited outside the State Treasury, at the option of the Board of Regents, in accounts established pursuant to law for that purpose. Self-insurance program trust funds shall be administered in accordance with rules established by the Board of Regents.

(3)  There shall be no funds appropriated directly to any insurance trust fund. The Board of Regents is authorized to accept any payments, receipts, gifts, or donations made for the purposes of this section and deposit such funds in the appropriate insurance trust fund.

(4)  No self-insurance program adopted by the Board of Regents may sue or be sued. The Board of Regents shall pay, out of the assets of a trust fund established pursuant to this section, any claim or judgment for which the self-insurance trust funds were created and which is rendered against the board. The claims files of any such program are privileged and confidential, exempt from the provisions of s. 119.07(1), and are only for the use of the program in fulfilling its duties. Any self-insurance trust fund and revenues generated by that fund shall only be used to pay claims and administration expenses.

(5)  The Board of Regents is authorized and empowered to make such rules as may be necessary to carry out the provisions of this section, including the delegation of authority, other than rulemaking authority, to appropriate levels of administration within the State University System.

History.--s. 2, ch. 63-204; s. 1, ch. 71-270; s. 1, ch. 77-309; s. 113, ch. 79-190; s. 8, ch. 79-222; s. 111, ch. 79-400; s. 17, ch. 81-169; s. 2, ch. 87-121; s. 2, ch. 87-134; s. 18, ch. 89-367; s. 71, ch. 90-360; s. 23, ch. 92-321; s. 5, ch. 93-159; s. 92, ch. 96-406.

Note.--Former s. 240.191.

240.214  State University System accountability process.--It is the intent of the Legislature that an accountability process be implemented which provides for the systematic, ongoing evaluation of quality and effectiveness in the State University System. It is further the intent of the Legislature that this accountability process monitor performance at the system level in each of the major areas of instruction, research, and public service, while recognizing the differing missions of each of the state universities. The accountability process shall provide for the adoption of systemwide performance standards and performance goals for each standard identified through a collaborative effort involving the State University System, the Legislature, and the Governor's Office. These standards and goals shall be consistent with s. 216.011(1) to maintain congruity with the performance-based budgeting process. This process requires that university accountability reports reflect measures defined through performance-based budgeting. The performance-based budgeting measures must also reflect the elements of teaching, research, and service inherent in the missions of the institutions in the State University System.

(1)  By December 31 of each year, the Board of Regents shall submit an annual accountability report providing information on the implementation of performance standards, actions taken to improve university achievement of performance goals, the achievement of performance goals during the prior year, and initiatives to be undertaken during the next year. The accountability reports shall be designed in consultation with the Governor's Office, the Office of the Auditor General, and the Legislature.

(2)  The Board of Regents shall recommend in the annual accountability report any appropriate modifications to this section.

History.--s. 5, ch. 91-55; s. 23, ch. 94-230; s. 14, ch. 95-243; s. 25, ch. 95-392; s. 10, ch. 98-65.

240.2145  State University System accountability process; annual evaluation.--Beginning January 1, 1993, the Board of Regents shall conduct an annual evaluation of the performance of the Chancellor and the state university presidents in achieving the performance goals established in the State University System accountability process provided in s. 240.214.

History.--s. 7, ch. 91-55; s. 24, ch. 94-230.

240.215  Payment of costs of civil action against employees or members of the Board of Regents.--

(1)  Whenever any civil action has been brought against any board member or employee for any act or omission arising out of and in the course of the performance of his or her duties and responsibilities, the Board of Regents may defray all costs of defending such action, including reasonable attorney's fees and expenses together with costs of appeal, and may save harmless and protect such person from any financial loss resulting from the lawful performance of his or her duties and responsibilities. Claims based on such actions or omissions may, in the discretion of the Board of Regents, be settled prior to or after the filing of suit thereon. The Board of Regents may arrange for and pay the premium for appropriate insurance to cover all such losses and expenses.

(2)  An employee or agent under the right of control of the Board of Regents who, pursuant to Board of Regents' policies or rules, renders medical care or treatment at any hospital or health care facility with which the Board of Regents maintains an affiliation agreement whereby the hospital or health care facility provides to the Board of Regents a clinical setting for health care education, research, and services, shall not be deemed to be an agent of any person other than the Board of Regents in any civil action resulting from any act or omission of the employee or agent while rendering said medical care or treatment. For this subsection to apply, the patient shall be provided separate written conspicuous notice by the Board of Regents or by the hospital or health care facility, and shall acknowledge receipt of this notice, in writing, unless impractical by reason of an emergency, either personally or through another person authorized to give consent for him or her, that he or she will receive care provided by Board of Regents' employees and liability, if any, that may arise from that care is limited as provided by law. Compliance by a hospital or health care facility with the requirements of chapter 395 or s. 766.110(1) shall not be used as evidence in any civil action to establish an agency relationship between the hospital or health care facility and an employee or agent of the Board of Regents providing services within the hospital or health care facility.

(3)  All faculty physicians employed by the Board of Regents who are subject to the requirements of s. 455.564 shall complete their risk management continuing education on issues specific to academic medicine. Such continuing education shall include instruction for the supervision of resident physicians as required by the Accreditation Council for Graduate Medical Education. The boards described in s. 455.564 shall adopt rules to implement the provisions of this subsection.

(4)  There are appropriated out of any funds available in the university system, not subject to the obligation of contract, covenant, or trust, the amounts necessary to carry out the purposes of this section.

(5)  Failure of the Board of Regents or an affiliated health care provider to do any act authorized by this section shall not constitute a cause of action against the Board of Regents, or an affiliated health care provider, or any of their members, officers, or employees.

History.--ss. 1, 2, 3, ch. 70-220; s. 9, ch. 79-222; s. 1, ch. 92-44; s. 33, ch. 95-148; s. 3, ch. 96-309; s. 16, ch. 98-166.

Note.--Former s. 240.221.

240.217  When board may exercise right of eminent domain.--Whenever it becomes necessary for the welfare and convenience of any of its institutions or divisions to acquire private property for the use of such institutions, and the same cannot be acquired by agreement satisfactory to the Board of Regents and the parties interested in, or the owners of, said private property, the Board of Regents may exercise the right of eminent domain after receiving approval therefor from the State Board of Education and may then proceed to condemn the property in the manner provided by chapter 73.

History.--s. 2, ch. 63-204; s. 10, ch. 79-222; s. 39, ch. 81-223.

Note.--Former s. 240.161.

240.219  Department of Legal Affairs to represent board in condemnation proceedings.--Any suits or actions brought by the Board of Regents to condemn property, as provided in s. 240.217, shall be brought in the name of the Board of Regents, and the Department of Legal Affairs shall conduct the proceedings for, and act as the counsel of, the Board of Regents.

History.--s. 2, ch. 63-204; s. 18, ch. 65-130; ss. 11, 35, ch. 69-106; s. 10, ch. 79-222; s. 145, ch. 81-259.

Note.--Former s. 240.171.

240.222  Assent to Hatch Act and Morrill Land-Grant Act.--The assent of the Legislature is given to the provisions and requirements of the Act of Congress commonly known as the "Hatch Act," and the Act of Congress commonly known as the "Morrill Act" and all acts supplemental thereto, and the Board of Regents may receive grants of money appropriated under said acts, insofar as the same, or so much thereof, can be used and appropriated for the benefit of the State University System. The provisions of chapter 3564, 1885, Laws of Florida, and s. 7, chapter 1776, 1870, Laws of Florida, are made applicable to the State University System insofar as the same are or can be made effective; and all estate, right, property claim, and emoluments, and the rents and issues thereof, or any substitutions thereof, and all claims and demands arising or that may or can arise thereunder, or any Act of Congress in that regard, are hereby preserved, maintained, and transferred to the Board of Regents for the use and benefit of the State University System.

History.--s. 17, ch. 86-145.

240.223  Board of Regents empowered to act as trustee.--

(1)  Whenever appointed by any competent court of the state, or by any statute, or in any will, deed, or other instrument, or in any manner whatever as trustee of any funds or real or personal property in which any of the institutions or agencies under its management, control, or supervision, or their departments or branches or students, faculty members, officers, or employees, may be interested as beneficiaries, or otherwise, or for any educational purpose, the Board of Regents is hereby authorized to act as trustee with full legal capacity as trustee to administer such trust property, and the title thereto shall vest in said board as trustee. In all such cases, the Board of Regents shall have the power and capacity to do and perform all things as fully as any individual trustee or other competent trustee might do or perform, and with the same rights, privileges, and duties, including the power, capacity, and authority to convey, transfer, mortgage, or pledge such property held in trust and to contract and execute all other documents relating to said trust property which may be required for, or appropriate to, the administration of such trust or to accomplish the purposes of any such trust.

(2)  Deeds, mortgages, leases, and other contracts of the Board of Regents relating to real property of any such trust or any interest therein may be executed by the Board of Regents, as trustee, in the same manner as is provided by the laws of the state for the execution of similar documents by other corporations or may be executed by the signatures of a majority of the members of the board; however, to be effective, any such deed, mortgage, or lease contract for more than 10 years of any trust property, executed hereafter by the Board of Regents, shall be approved by a resolution of the State Board of Education; and such approving resolution may be evidenced by the signature of either the chair or the secretary of the State Board of Education to an endorsement on the instrument approved, reciting the date of such approval, and bearing the seal of the State Board of Education. Such signed and sealed endorsement shall be a part of the instrument and entitled to record without further proof.

(3)  Any and all such appointments of, and acts by, the Board of Regents as trustee of any estate, fund, or property prior to May 18, 1949, are hereby validated, and said board's capacity and authority to act as trustee in all of such cases is ratified and confirmed; and all deeds, conveyances, lease contracts, and other contracts heretofore executed by the Board of Regents, either by the signatures of a majority of the members of the board or in the board's name by its chair or chief executive officer, are hereby approved, ratified, confirmed, and validated.

(4)  Nothing herein shall be construed to authorize the Board of Regents to contract a debt on behalf of, or in any way to obligate, the state; and the satisfaction of any debt or obligation incurred by the Board of Regents as trustee under the provisions of this section shall be exclusively from the trust property, mortgaged or encumbered; and nothing herein shall in any manner affect or relate to the provision of part I of chapter 243.

History.--s. 2, ch. 63-204; ss. 15, 35, ch. 69-106; s. 20, ch. 79-222; s. 2, ch. 94-230; s. 818, ch. 95-148.

Note.--Former s. 240.181.

240.227  University presidents; powers and duties.--The president is the chief administrative officer of the university and is responsible for the operation and administration of the university. Each university president shall:

(1)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law governing the operation and administration of the university. Such rules shall be consistent with the mission of the university and statewide rules and policies and shall assist in the development of the university in a manner which will complement the missions and activities of the other universities for the overall purpose of achieving the highest quality of education for the citizens of the state.

(2)  Prepare a budget request to be transmitted to the Board of Regents. Such request shall be prepared in accordance with the fiscal policy guidelines, formats, and instructions prescribed by the Board of Regents.

(3)  Develop an operating budget.

(4)  Conduct ¹biennially a space utilization study to support the university budget request for capital outlay.

(5)  Appoint university personnel and provide for the compensation and other conditions of employment consistent with applicable collective bargaining agreements and the Board of Regents rule for university personnel who are exempt from chapter 110.

(6)  Certify annually to the Board of Regents the actual classroom contact hours conducted by each faculty member.

(7)  Maintain all data and information pertaining to the operation of the university.

(8)  Govern admissions, subject to rules of the Board of Regents and as provided in s. 240.233.

(9)  Develop a program of continuing education and establish, pursuant to rules and guidelines adopted by the Board of Regents, fees for continuing education activities within the university service area when there is a demonstrated and justified need. The university is authorized to cooperate with any public utility, any other governmental entity or private individual, or any type of profit or nonprofit legal entity in connection with the establishment and operation of such a continuing education program, including the acceptance of money and other things of value.

(10)  Provide and coordinate credit and noncredit extension courses in all fields which the university considers necessary to improve and maintain the educational standards of the university service area.

(11)  Make rules necessary for the establishment and maintenance of a personnel exchange program, by which persons employed within the university as instructional and research faculty and comparable administrative and professional staff may be exchanged with persons employed in like capacities by institutions of higher learning which are not under the jurisdiction of the university, by units of government either within or without this state, or by private industry. The salary and benefits of State University System and state personnel participating in the exchange program shall be continued during the period of time they participate in the exchange program, and such personnel shall be deemed to have no break in creditable or continuous state service or employment during the period of time in which they participate in the exchange program. The salary and benefits of persons participating in the personnel exchange program who are employed by institutions of higher learning which are not under the jurisdiction of the university, by units of government either within or without this state, or by private industry shall be paid by the originating employers of those participants. The duties and responsibilities of a person participating in the exchange program shall be the same as those of the person he or she replaces.

(12)  Approve and execute contracts for the acquisition of commodities, goods, equipment, services, leases of real and personal property, and construction to be rendered to or by the university, provided such contracts are made pursuant to rules of the Board of Regents, are for the implementation of approved programs of the university, and do not require expenditures in excess of $1 million. The acquisition may be made by installment or lease-purchase contract. Such contracts may provide for the payment of interest on the unpaid portion of the purchase price. Notwithstanding any other provisions of this subsection, university presidents shall comply with the provisions of s. 287.055 for the procurement of professional services and may approve and execute all contracts for planning, construction, and equipment for projects with building programs and construction budgets approved by the Board of Regents. For the purposes of a university president's contracting authority, a "continuing contract" for professional services under the provisions of s. 287.055 is one in which construction costs do not exceed $1 million or the fee for study activity does not exceed $100,000.

(13)  Manage the property and financial resources of the university, including, but not limited to, having the authority to adjust property records and dispose of state-owned tangible personal property in the university's custody in accordance with procedures established by the Board of Regents. Notwithstanding the provisions of s. 273.055(5), all moneys received from the disposition of state-owned tangible personal property shall be retained by the university and disbursed for the acquisition of tangible personal property and for all necessary operating expenditures. The university shall maintain records of the accounts into which such moneys are deposited.

(14)  Establish the internal academic calendar of the university within general guidelines of the Board of Regents.

(15)  Administer the university's program of intercollegiate athletics.

(16)  Recommend to the Board of Regents the establishment and termination of degree programs within the approved role and scope of the university.

(17)  Award degrees.

(18)  Supervise all construction contracts.

(19)  Administer personnel programs established by the Board of Regents and any applicable collective bargaining agreements under the supervision of the Board of Regents.

(20)  Recommend to the Board of Regents any fees applicable to the university and not otherwise prescribed by law.

(21)  Organize the university to efficiently and effectively achieve the goals of the university; however, any reorganization which increases the number of administrators or their level of compensation shall be reviewed and approved by the Board of Regents.

(22)  Review periodically the operations of the university in order to determine whether the rules and policies of the Board of Regents and the universities are being followed and to determine how effectively and efficiently the university is being administered.

(23)  Otherwise provide for the effective operation of the university in the achievement of the goals established for it in the strategic plan adopted by the Board of Regents.

(24)  Adopt rules and enter into agreements for student exchange programs which involve students at the university and students in institutions of higher learning, either within or without the state, which are not in the State University System. Such agreements may provide that the tuition and fees of a student who is enrolled in a university in the State University System and who is participating in an exchange program shall be paid to the state university during the period of time he or she is participating in the exchange program. Such agreements may also provide that the tuition and fees of a student who is enrolled in an institution which is not in the State University System and who is participating in an exchange program shall be paid to the nonstate institution in which he or she is enrolled.

History.--s. 16, ch. 79-222; s. 9, ch. 81-193; s. 26, ch. 84-336; s. 6, ch. 85-68; ss. 6, 12, ch. 85-241; ss. 4, 34, ch. 86-145; s. 43, ch. 86-156; s. 6, ch. 89-381; s. 12, ch. 90-365; s. 6, ch. 93-242; s. 34, ch. 95-148; s. 15, ch. 95-243; s. 26, ch. 95-392; s. 11, ch. 98-65; s. 35, ch. 98-200; s. 7, ch. 99-252.

¹Note.--Chapter 91-109 provides for a change from biennial to annual budgeting.

240.229  Universities; powers; patents, copyrights, and trademarks.--Any other law to the contrary notwithstanding, each university is authorized, in its own name, to:

(1)  Perform all things necessary to secure letters of patent, copyrights, and trademarks on any work products and to enforce its rights therein. The university shall consider contributions by university personnel in the development of trademarks, copyrights, and patents and shall enter into written contracts with such personnel establishing the interests of the university and such personnel in each trademark, copyright, or patent.

(2)  License, lease, assign, or otherwise give written consent to any person, firm, or corporation for the manufacture or use thereof, on a royalty basis or for such other consideration as the university shall deem proper.

(3)  Take any action necessary, including legal action, to protect the same against improper or unlawful use or infringement.

(4)  Enforce the collection of any sums due the university for the manufacture or use thereof by any other party.

(5)  Sell any of the same and execute all instruments necessary to consummate any such sale.

(6)  Do all other acts necessary and proper for the execution of powers and duties herein conferred upon the university. Any proceeds therefrom shall be deposited and expended in accordance with s. 240.241. Any action taken by the university in securing or exploiting such trademarks, copyrights, or patents shall, within 30 days, be reported in writing by the president to the Department of State.

History.--s. 23, ch. 79-222; s. 3, ch. 81-201.

240.231  Universities; payment of costs of civil action.--A university may defray all costs of defending any civil action brought against any officer or employee of the university for any act or omission arising out of and in the course of the performance of his or her duties and responsibilities, which costs may include reasonable attorney's fees and expenses together with costs of appeal, and may save harmless and protect such person from any financial loss resulting from the lawful performance of his or her duties and responsibilities. Claims based on such actions or omissions may be settled prior to or after the filing of suit thereon. The university may arrange for and pay the premium for appropriate insurance to cover all such losses and expenses. The university may use funds available to the university system, not subject to the obligation of contract, covenant, or trust, to carry out the purposes of this section in the amount necessary. Failure by the university to perform any act authorized by this section shall not constitute a cause of action against the university or its members, officers, or employees.

History.--s. 17, ch. 79-222; s. 5, ch. 95-143; s. 35, ch. 95-148.

240.233  Universities; admissions of students.--Each university shall govern admissions of students, subject to this section and rules of the Board of Regents.

(1)  Minimum academic standards for undergraduate admission to a university must include the requirements that:

(a)  Each student have received a high school diploma pursuant to s. 232.246, or its equivalent, except as provided in s. 240.116(2) and (3).

(b)  Each student have earned two credits of sequential foreign language at the secondary level or the equivalent of such instruction at the postsecondary level. A student whose native language is not English is exempt from this admissions requirement, provided that the student demonstrates proficiency in the native language. If a standardized test is not available in the student's native language for the demonstration of proficiency, the university may provide an alternative method of assessment. The State Board of Education shall adopt rules for the articulation of foreign language competency and equivalency between secondary and postsecondary institutions. A student who received an associate in arts degree prior to September 1, 1989, or who enrolled in a program of studies leading to an associate degree from a Florida community college prior to August 1, 1989, and maintains continuous enrollment shall be exempt from this admissions requirement.

(2)  The Board of Regents shall adopt rules which provide for a limited number of students to be admitted to the State University System, notwithstanding the admission requirements of paragraph (1)(b), if there is evidence that the applicant is expected to do successful academic work at the admitting university. The number of applicants admitted under this subsection may not exceed 5 percent of the total number of freshmen who entered the State University System the prior year. Any lower-division student admitted without meeting the foreign language requirement must earn such credits prior to admission to the upper division of a state university. Any associate in arts degree graduate from a public community college or university in Florida, or other upper-division transfer student, admitted without meeting the foreign language requirement, must earn such credits prior to graduation from a state university. Students shall be exempt from the provisions of this subsection if they can demonstrate proficiency in American sign language equivalent to that of students who have completed two credits of such instruction in high school.

(3)(a)  Nonresident students may be admitted to the university upon such terms as the university may establish. However, such terms shall include, but shall not be limited to: completion of a secondary school curriculum which includes 4 years of English; 3 years each of mathematics, science, and social sciences; and 2 years of a foreign language.

(b)  Within the admission standards provided for in subsection (1), the Board of Regents shall develop procedures for weighting courses which are necessary to meet the requirements of a college-preparatory curriculum at a higher value than less rigorous courses. Credits received in such courses shall be given greater value in determining admission by universities than cumulative grade point averages in high school.

(4)  Consideration shall be given to the past actions of any person applying for admission as a student to any state university, either as a new applicant, an applicant for continuation of studies, or a transfer student, when such actions have been found to disrupt or interfere with the orderly conduct, processes, functions, or programs of any other university, college, or community college.

(5)  In any application for admission by a student as a citizen of the state, the applicant, if 18 years of age, or, if a minor, his or her parents or guardian shall make and file with such application a written statement under oath that such applicant is a citizen and resident of the state and entitled, as such, to admission upon the terms and conditions prescribed for citizens and residents of the state.

(6)  Rules of the State Board of Education shall require the use of scores on tests of college-level communication and computation skills provided in s. 229.551 as a condition for admission of students to upper-division instructional programs from community colleges, including those who have been awarded associate in arts degrees. Use of such test scores as an admission requirement shall extend equally and uniformly to students enrolled in lower divisions in the State University System and to transfer students from other colleges and universities. The tests shall be required for community college students seeking associate in arts degrees and students seeking admission to upper-division instructional programs in the State University System. The use of test scores prior to August 1, 1984, shall be limited to student counseling and curriculum improvement.

(7)  For the purposes of this section, American sign language constitutes a foreign language. Florida high schools may offer American sign language as a for-credit elective or as a substitute for any already authorized foreign language requirement.

(8)  A Florida resident who is denied admission as an undergraduate to a state university for failure to meet the high school grade point average requirement may appeal the decision to the university and request a recalculation of the grade point average including in the revised calculation the grades earned in up to three credits of advanced fine arts courses. The university shall provide the student with a description of the appeals process at the same time as notification of the admissions decision. The university shall recalculate the student's grade point average using the additional courses and advise the student of any changes in the student's admission status. For purposes of this section, fine arts courses include courses in music, drama, painting, sculpture, speech, debate, or a course in any art form that requires manual dexterity. Advanced level fine arts courses include fine arts courses identified in the course code directory as Advanced Placement, pre-International Baccalaureate, or International Baccalaureate, or fine arts courses taken in the third or fourth year of a fine arts curriculum.

History.--s. 18, ch. 79-222; s. 4, ch. 82-180; s. 11, ch. 83-325; s. 22, ch. 86-145; ss. 10, 18, ch. 87-212; s. 7, ch. 89-381; s. 1, ch. 90-18; s. 5, ch. 90-365; s. 36, ch. 95-148; s. 5, ch. 95-243; s. 12, ch. 97-77; s. 5, ch. 98-163; s. 8, ch. 99-252.

240.2333  Foreign language competence; equivalence determinations.--The Articulation Coordinating Committee shall identify the competencies demonstrated by students upon the successful completion of 2 credits of sequential high school foreign language instruction. For the purpose of determining postsecondary equivalence pursuant to s. 240.233(1)(b), the committee shall develop rules through which community colleges correlate such competencies to the competencies required of students in the colleges' respective courses. Based on this correlation, each community college shall identify the minimum number of postsecondary credits that students must earn in order to demonstrate a level of competence in a foreign language at least equivalent to that of students who have completed 2 credits of such instruction in high school. The committee may also specify alternative means by which students can demonstrate equivalent foreign language competence, including means by which a student whose native language is not English may demonstrate proficiency in the native language. A student who demonstrates proficiency in a native language other than English is exempt from the requirement of completing foreign language courses at the secondary or postsecondary level.

History.--s. 33, ch. 86-145; s. 6, ch. 95-243.

240.235  Fees.--

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

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

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

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

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

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

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

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

(5)(a)  Any student for whom the state is paying a foster care board payment pursuant to s. 409.145(3) or ¹parts II and III of chapter 39, for whom the permanency planning goal pursuant to ²part III of chapter 39 is long-term foster care or independent living, or who is adopted from the Department of Children and Family Services after May 5, 1997, shall be exempt from the payment of all undergraduate fees, including fees associated with enrollment in college-preparatory instruction or completion of college-level communication and computation skills testing programs. Before a fee exemption can be given, the student shall have applied for and been denied financial aid, pursuant to s. 240.404, which would have provided, at a minimum, payment of all undergraduate fees. Such exemption shall be available to any student adopted from the Department of Children and Family Services after May 5, 1997; however, the exemption shall be valid for no more than 4 years after the date of graduation from high school.

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

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

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

³(7)  Each university may assess a service charge for the payment of tuition and fees in installments. Such service charge must be approved by the Board of Regents. The revenues from such service charges shall be deposited into the Incidental Trust Fund.

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

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

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

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

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

¹Note.--Provisions in former parts II and III of chapter 39 are now located in part I and parts V through VIII as a result of the reorganization of chapter 39 by ch. 98-403.

²Note.--Provisions in former part III of chapter 39 are now located in parts I, VII, and VIII as a result of the reorganization of chapter 39 by ch. 98-403.

³Note.--Section 9, ch. 99-243, amended subsection (7), effective July 1, 2000, to read:

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

240.237  Student records.--The university may prescribe the content and custody of records and reports which the university may maintain on its students. Such records are confidential and exempt from the provisions of s. 119.07(1) and are open to inspection only as provided in s. 228.093.

History.--s. 15, ch. 73-338; s. 3, ch. 77-60; s. 26, ch. 79-222; s. 3, ch. 86-65; s. 8, ch. 86-145; s. 1, ch. 88-10; s. 72, ch. 90-360; s. 93, ch. 96-406.

Note.--Former s. 239.77.

240.239  Associate in arts degrees; issuance.--

(1)  The purpose of this section is to require state universities to present associate in arts certificates upon request to qualified students.

(2)  Students at state universities may request associate in arts certificates if they have successfully completed the minimum requirements for the degree of associate in arts (A.A.).

(3)  An associate in arts degree shall not be granted unless a student has successfully completed minimum requirements for college-level communication and computation skills adopted by the State Board of Education and 60 academic semester hours or the equivalent within a degree program area, with 36 semester hours in general education courses in the subject areas of communication, mathematics, social sciences, humanities, and natural sciences, consistent with the general education requirements specified in the articulation agreement pursuant to s. 240.115.

History.--ss. 1, 2, 3, 4, ch. 71-178; s. 28, ch. 79-222; s. 5, ch. 82-180; s. 7, ch. 95-243.

Note.--Former s. 241.478.

240.241  Divisions of sponsored research at state universities.--

(1)  Each university, with the approval of the Department of Education, is authorized to create, as it deems advisable, divisions of sponsored research which will serve the function of administration and promotion of the programs of research, including sponsored training programs, of the university at which they are located.

(2)  The university shall set such policies to regulate the activities of the divisions of sponsored research as it may consider necessary to effectuate the purposes of this act and to administer the research programs in a manner which assures efficiency and effectiveness, producing the maximum benefit for the educational programs and maximum service to the state. To this end, materials that relate to methods of manufacture or production, potential trade secrets, potentially patentable material, actual trade secrets, business transactions, or proprietary information received, generated, ascertained, or discovered during the course of research conducted within the state universities shall be confidential and exempt from the provisions of s. 119.07(1), except that a division of sponsored research shall make available upon request the title and description of a research project, the name of the researcher, and the amount and source of funding provided for such project.

(3)  A division of sponsored research created under the provisions of this act shall be under the supervision of the president of that university, who is authorized to appoint a director; to employ full-time and part-time staff, research personnel, and professional services; to employ on a part-time basis personnel of the university; and to employ temporary employees whose salaries are paid entirely from the permanent sponsored research development fund or from that fund in combination with other nonstate sources, with such positions being exempt from the requirements of the Florida Statutes relating to salaries, except that no such appointment shall be made for a total period of longer than 1 year.

(4)  The president of the university where a division of sponsored research is created, or his or her designee, is authorized to negotiate, enter into, and execute research contracts; to solicit and accept research grants and donations; and to fix and collect fees, other payments, and donations that may accrue by reason thereof. The president or his or her designee may negotiate, enter into, and execute contracts on a cost-reimbursement basis and may provide temporary financing of such costs prior to reimbursement from moneys on deposit in the sponsored research development fund, except as may be prohibited elsewhere by law.

(5)  A division of sponsored research shall be financed from the moneys of a university which are on deposit or received for use in the research or related programs of that particular university. Such moneys shall be deposited by the university in a permanent sponsored research development fund in a depository or depositories approved for the deposit of state funds and shall be accounted for and disbursed subject to regular audit by the Auditor General.

(6)  The fund balance on hand in any existing research trust fund in the respective university, at the time a division of sponsored research is created, shall be transferred to a permanent sponsored research development fund established for the university, and thereafter the fund balance of the sponsored research development fund at the end of any fiscal period may be used during any succeeding period for the purposes and in the manner authorized by this act.

(7)  Moneys deposited in the permanent sponsored research development fund of a university shall be disbursed in accordance with the terms of the contract, grant, or donation under which they are received. Moneys received for overhead or indirect costs and other moneys not required for the payment of direct costs shall be applied to the cost of operating the division of sponsored research. Any surplus moneys shall be used to support other research or sponsored training programs in any area of the university. Moneys allocated for the payment of salaries from the sponsored research development fund shall be paid out by the Comptroller of the state in the same manner as salaries from other state funds. Transportation and per diem expense allowances shall be the same as those provided by law for state employees in s. 112.061, except that non-State of Florida personnel performing travel under a sponsored research subcontract may be reimbursed for travel expenses in accordance with the provisions of the applicable prime contract or grant and the travel allowances established by the subcontractor, subject to the requirements of subsection (9), or except as provided in subsection (13).

(8)(a)  Each university shall submit to the Board of Regents a report of the activities of each division of sponsored research together with an estimated budget for the next fiscal year.

(b)  Not less than 90 days prior to the convening of each regular session of the Legislature in which an appropriation shall be made, the Board of Regents shall submit to the chair of the appropriations committee of each house of the Legislature a compiled report, together with a compiled estimated budget for the next fiscal year. A copy of such report and estimated budget shall be furnished to the State Board of Education and to the Governor, as the chief budget officer of the state.

(9)  All purchases of a division of sponsored research shall be made in accordance with the policies and procedures of the university; however, in compliance with policies and procedures established by the university and concurred in by the Department of Education, whenever a director of sponsored research certifies to the president that, in a particular instance, it is necessary for the efficient or expeditious prosecution of a research project, the purchase of material, supplies, equipment, or services for research purposes shall be exempt from the general purchasing requirement of the Florida Statutes.

(10)  The university may authorize the construction, alteration, or remodeling of buildings when the funds used are derived entirely from the sponsored research development fund of a university or from that fund in combination with other nonstate sources, provided that such construction, alteration, or remodeling is for use exclusively in the area of research; it also may authorize the acquisition of real property when the cost is entirely from said funds. Title to all real property shall vest in the Board of Trustees of the Internal Improvement Trust Fund and shall only be transferred or conveyed by it.

(11)  The sponsored research programs of the Institute of Food and Agricultural Sciences and the engineering and industrial experiment station shall continue to be centered at the University of Florida as heretofore provided by law.

(12)  The operation of the divisions of sponsored research and the conduct of the sponsored research program are expressly exempted from the provisions of any other laws or portions of laws in conflict herewith and are, subject to the requirements of subsection (9), exempted from the provisions of chapters 215, 216, and 283.

(13)  The divisions of sponsored research may pay, by advancement or reimbursement, or a combination thereof, the costs of per diem of officers and employees of the state and of other authorized persons, as defined in s. 112.061(2)(e), for foreign travel up to the current rates as stated in the grant and contract terms and may also pay incidental expenses as authorized by s. 112.061(8). This subsection applies to any state officer or employee traveling in foreign countries for sponsored programs of the university, if such travel expenses are approved in the terms of the contract or grant. The provisions of s. 112.061, other than those relating to per diem, apply to the travel described in this subsection. As used in this subsection, "foreign travel" means any travel outside the United States and its territories and possessions and Canada. Persons traveling in foreign countries pursuant to this section shall not be entitled to reimbursements or advancements pursuant to s. 112.061(6)(a)2. for such travel.

(14)  Each division of sponsored research is authorized to advance funds to any principal investigator who, under the contract or grant terms, will be performing a portion of his or her research at a site that is remote from the university. Funds shall be advanced only to employees who have executed a proper power of attorney with the university to ensure the proper collection of such advanced funds if it becomes necessary. As used in this subsection, the term "remote" means so far removed from the university as to render normal purchasing and payroll functions ineffective.

(15)  Notwithstanding the provisions of s. 216.262(1)(a), each division of sponsored research is authorized, upon approval of the Board of Regents, to establish additional positions as needed to implement new contracts and grants, but in no instance shall any such position become permanently established without legislative approval.

(16)  Notwithstanding the provisions of s. 216.351, s. 216.346 does not apply to contracts or subcontracts between state universities, between community colleges, or between state universities and community colleges.

History.--ss. 1-12, ch. 63-534; s. 18, ch. 65-130; s. 1, ch. 67-90; ss. 2, 3, ch. 67-371; s. 8, ch. 69-82; ss. 15, 31, 35, ch. 69-106; s. 76, ch. 77-104; s. 5, ch. 77-320; s. 29, ch. 79-222; ss. 1, 2, ch. 80-172; s. 10, ch. 81-193; s. 4, ch. 81-201; s. 146, ch. 81-259; s. 1, ch. 82-13; s. 27, ch. 84-336; s. 1, ch. 88-313; s. 73, ch. 90-360; s. 14, ch. 90-365; s. 3, ch. 93-262; s. 37, ch. 95-148; s. 94, ch. 96-406; s. 12, ch. 98-65.

Note.--Former s. 241.621.

240.242  University leasing in affiliated research and development park.--A university is exempt from the requirements of s. 255.25(3), (4), and (8) when leasing educational facilities in a research and development park with which the university is affiliated and when the Board of Regents certifies in writing that the leasing of said educational facilities is in the best interests of the State University System and that the exemption from competitive bid requirements would not be detrimental to the state.

History.--s. 28, ch. 84-336; s. 7, ch. 88-409.

240.243  Required number of classroom teaching hours for university faculty members.--

(1)  As used in this section:

¹(a)  "State funds" means those funds appropriated annually from the General Revenue Fund and Incidental Trust Fund for institutional and research functions and, in the case of a health center, those funds appropriated from the General Revenue Fund and Operations and Maintenance Trust Fund for the same purposes.

(b)  "Classroom contact hour" means a regularly scheduled 1-hour period of classroom activity in a course of instruction which has been approved by the university.

(2)  Each full-time equivalent teaching faculty member at a university who is paid wholly from state funds shall teach a minimum of 12 classroom contact hours per week at such university. However, any faculty member who is assigned by his or her departmental chair or other appropriate university administrator professional responsibilities and duties in furtherance of the mission of the university shall teach a minimum number of classroom contact hours in proportion to 12 classroom hours per week as such especially assigned aforementioned duties and responsibilities bear to 12 classroom contact hours per week. Any full-time faculty member who is paid partly from state funds and partly from other funds or appropriations shall teach a minimum number of classroom contact hours in such proportion to 12 classroom contact hours per week as his or her salary paid from state funds bears to his or her total salary. In determining the appropriate hourly weighting of assigned duties other than classroom contact hours, the universities shall develop and apply a formula designed to equate the time required for nonclassroom duties with classroom contact hours. "Full-time equivalent teaching faculty member" shall be interpreted to mean all faculty personnel budgeted in the instruction and research portion of the budget, exclusive of those full-time equivalent positions assigned to research, public service, administrative duties, and academic advising. Full-time administrators, librarians, and counselors shall be exempt from the provisions of this section; and colleges of medicine and law and others which are required for purposes of accreditation to meet national standards prescribed by the American Medical Association, the American Bar Association, or other professional associations shall be exempt from the provisions of this section to the extent that the requirements of this section differ from the requirements of accreditation.

History.--ss. 1, 2, ch. 71-365; s. 2, ch. 73-338; s. 30, ch. 79-222; s. 147, ch. 81-259; s. 38, ch. 95-148; s. 10, ch. 99-243.

¹Note.--Section 10, ch. 99-243, amended paragraph (1)(a), effective July 1, 2000, to read:

(a)  "State funds" means those funds appropriated annually in the General Appropriations Act.

Note.--Former s. 241.73.

240.245  Evaluations of faculty members; report.--

(1)  For the purpose of evaluating faculty members, each university shall adopt procedures for the assignment of duties and responsibilities to faculty members. These assigned duties or responsibilities shall be conveyed to each faculty member at the beginning of each academic term, in writing, by his or her departmental chair or other appropriate university administrator making the assignment. In evaluating the competencies of a faculty member, primary assessment shall be in terms of his or her performance of the assigned duties and responsibilities, and such evaluation shall be given adequate consideration for the purpose of salary adjustments, promotions, reemployment, and tenure. A faculty member who is assigned full-time teaching duties as provided by law shall be rewarded with salary adjustments, promotions, reemployment, or tenure for meritorious teaching and other scholarly activities related thereto.

(2)  The Board of Regents shall establish criteria for evaluating the quantity and quality of service to public schools by university faculty members and shall require consideration of this service in promotion, tenure, and other reward measures. Each university shall ensure that the following policies are implemented:

(a)  Flexible criteria for rewarding faculty members, consistent with the educational goals and objectives of the university, shall be established, which criteria shall include quality teaching and service to public schools as major factors in determining salary adjustments, promotions, reemployment, or tenure.

(b)  Measures shall be taken to increase the recognition, reinforcements, and rewards given quality teaching and service to public schools. Such measures might include grants for professional development, curriculum improvement, and instructional innovation, as well as awards of varying kinds for meritorious teaching.

(c)  The means of identifying and evaluating quality teachers and outstanding service to public schools shall be determined in accordance with established guidelines of the university.

(3)  The vice presidents for academic affairs for the nine state universities shall disseminate information to all faculty members which clearly states that service to public schools is one of the criteria used to determine salary adjustments, promotions, reemployment, and tenure for faculty members.

History.--s. 3, ch. 73-338; s. 31, ch. 79-222; s. 60, ch. 84-336; s. 39, ch. 95-148.

Note.--Former s. 241.731.

240.246  Faculty members; test of spoken English.--The Board of Regents shall adopt rules requiring that all faculty members in the State University System, other than those persons who teach courses that are conducted primarily in a foreign language, be proficient in the oral use of English, as determined by a satisfactory grade on the "Test of Spoken English" of the Educational Testing Service or a similar test approved by the board.

History.--s. 19, ch. 83-325.

240.2475  State University System employment equity accountability program.--

(1)  Each state university shall maintain an annual equity plan for appropriate representation of women and minorities in senior-level administrative positions, within tenure-track faculty, and within faculty-granted tenure. Such plan shall be maintained until appropriate representation has been achieved. As used in this subsection, the term:

(a)  "Appropriate representation" means category employment representation that at least meets comparable national standards for at least two consecutive reporting periods.

(b)  "Category" means major executive, administrative, and professional grouping, including senior-level administrative and professional positions, senior academic administrative-level positions, and tenure-track faculty.

(2)(a)  By April 1 of each year, each state university president shall submit an annual equity report to the Chancellor and the Board of Regents. The equity report shall consist of a status update, an analysis, and a status report of selected personnel transactions. As used in this paragraph, the term, "selected personnel transactions" means new hires in, promotions into, tenure actions in, and terminations from a category. Each university shall provide the job classification title, gender, race, and appointment status of selected personnel transactions. The status update shall assess underrepresentation in each category. The status report shall consist of current category employment representation, comparable national standards, an evaluation of representation, and annual goals to address underrepresentation.

(b)  After 1 year of implementation of a plan, and annually thereafter, for those categories in which prior year goals were not achieved, each university shall provide, in its annual equity report, a narrative explanation and a plan for achievement of equity. The plan shall include guidelines for ensuring balanced membership on selection committees and specific steps for developing a diverse pool of candidates for each vacancy in the category. The plan shall also include a systematic process by which those responsible for hiring are provided information and are evaluated regarding their responsibilities pursuant to this section.

(c)  The equity report shall include an analysis and assessment of the university's accomplishment of annual goals, as specified in the university's affirmative action plan, for increasing the representation of women and minorities in tenure-earning and senior-level administrative positions.

(d)  The equity report shall also include the current rank, race, and gender of faculty eligible for tenure in a category. In addition, each university shall report representation of the pool of tenure-eligible faculty at each stage of the transaction process and provide certification that each eligible faculty member was apprised annually of progress toward tenure. Each university shall also report on the dissemination of standards for achieving tenure; racial and gender composition of committees reviewing recommendations at each transaction level; and dissemination of guidelines for equitable distribution of assignments.

(3)(a)  A factor in the evaluation of university presidents, vice presidents, deans, and chairpersons shall be their annual progress in achieving the annual and long-range hiring and promotional goals and objectives, as specified in the university's equity plan and affirmative action plan. Annual budget allocations for positions and funding shall be based on this evaluation. A summary of such evaluations shall be submitted to the Chancellor and the Board of Regents as part of the university's annual equity report.

(b)  The Chancellor and the Board of Regents shall annually evaluate the performance of the university presidents in achieving the annual equity goals and objectives. A summary of the results of such evaluations shall be included as part of the annual equity progress report submitted by the Board of Regents to the Legislature and the State Board of Education.

(4)  The Board of Regents shall submit an annual equity progress report to the President of the Senate, the Speaker of the House of Representatives, and the State Board of Education on or before August 1 of each year.

(5)  Each university shall develop a budgetary incentive plan to support and ensure attainment of the goals developed pursuant to this section. The plan shall specify, at a minimum, how resources shall be allocated to support the achievement of goals and the implementation of strategies in a timely manner. After prior review and approval by the university president and the Board of Regents, the plan shall be submitted as part of the annual equity report submitted by each university to the Board of Regents.

(6)  Relevant components of each university's affirmative action plan may be used to satisfy the requirements of this section.

(7)  Subject to available funding, the Legislature shall provide an annual appropriation to the Board of Regents to be allocated to the universities to further enhance equity initiatives and related priorities that support the mission of departments, divisions, or colleges in recognition of the attainment of equity goals and objectives.

History.--s. 27, ch. 92-321; s. 18, ch. 98-65.

240.253  Personnel records.--

(1)  Each university shall adopt rules prescribing the content and custody of limited-access records that the university may maintain on its employees. Such limited-access records are confidential and exempt from the provisions of s. 119.07(1). Such records are limited to the following:

(a)  Records containing information reflecting academic evaluations of employee performance shall be open to inspection only by the employee and by officials of the university responsible for supervision of the employee.

(b)  Records maintained for the purposes of any investigation of employee misconduct, including but not limited to a complaint against an employee and all information obtained pursuant to the investigation of such complaint, shall be confidential until the investigation ceases to be active or until the university provides written notice to the employee who is the subject of the complaint that the university has either:

1.  Concluded the investigation with a finding not to proceed with disciplinary action;

2.  Concluded the investigation with a finding to proceed with disciplinary action; or

3.  Issued a letter of discipline.

For the purpose of this paragraph, an investigation shall be considered active as long as it is continuing with a reasonable, good faith anticipation that a finding will be made in the foreseeable future. An investigation shall be presumed to be inactive if no finding is made within 90 days after the complaint is filed.

(c)  Records maintained for the purposes of any disciplinary proceeding brought against an employee shall be confidential until a final decision is made in the proceeding. The record of any disciplinary proceeding, including any evidence presented, shall be open to inspection by the employee at all times.

(d)  Records maintained for the purposes of any grievance proceeding brought by an employee for enforcement of a collective bargaining agreement or contract shall be confidential and shall be open to inspection only by the employee and by officials of the university conducting the grievance proceeding until a final decision is made in the proceeding.

(2)  Notwithstanding the foregoing, any records or portions thereof which are otherwise confidential by law shall continue to be exempt from the provisions of s. 119.07(1). In addition, for sexual harassment investigations, portions of such records which identify the complainant, a witness, or information which could reasonably lead to the identification of the complainant or a witness are limited-access records.

(3)  Except as required for use by the president in the discharge of his or her official responsibilities, the custodian of limited-access records may release information from such records only upon authorization in writing from the employee or upon order of a court of competent jurisdiction.

(4)  Notwithstanding the provisions of subsection (1), records comprising the common core items contained in the State University System Student Assessment of Instruction instrument may not be prescribed as limited-access records.

(5)  This act shall apply to records created after July 1, 1995.

History.--s. 16, ch. 73-338; s. 27, ch. 79-222; s. 1, ch. 88-23; s. 74, ch. 90-360; s. 40, ch. 95-148; s. 1, ch. 95-246; s. 95, ch. 96-406; s. 32, ch. 97-100.

Note.--Former s. 239.78.

240.2601  State University System Facility Enhancement Challenge Grant Program.--

(1)  The Legislature recognizes that the State University System does not have sufficient physical facilities to meet the current demands of its instructional and research programs. It further recognizes that, to strengthen and enhance the State University System, it is necessary to provide facilities in addition to those currently available from existing revenue sources. It further recognizes that there are sources of private support that, if matched with state support, can assist in constructing much-needed facilities and strengthen the commitment of citizens and organizations in promoting excellence throughout the state universities. Therefore, it is the intent of the Legislature to establish a trust fund to provide the opportunity for each state university to receive and match challenge grants for instructional and research-related capital facilities within the university.

(2)  There is hereby established the Alec P. Courtelis State University System Facility Enhancement Challenge Grant Program for the purpose of assisting the State University System build high priority instructional and research-related capital facilities, including common areas connecting such facilities. The associated foundations that serve the universities shall solicit gifts from private sources to provide matching funds for capital facilities. For the purposes of this act, private sources of funds shall not include any federal, state, or local government funds that a university may receive.

(3)  There is established the Alec P. Courtelis Capital Facilities Matching Trust Fund for the purpose of providing matching funds from private contributions for the development of high priority instructional and research-related capital facilities, including common areas connecting such facilities, within the State University System. The Legislature shall appropriate funds to be transferred to the trust fund. The Public Education Capital Outlay and Debt Service Trust Fund, Capital Improvement Trust Fund, Division of Sponsored Research Trust Fund, and Contracts and Grants Trust Fund shall not be used as the source of the state match for private contributions. All appropriated funds deposited into the trust fund shall be invested pursuant to the provisions of s. 18.125. Interest income accruing to that portion of the trust fund shall increase the total funds available for the challenge grant program. Interest income accruing from the private donations shall be returned to the participating foundation upon completion of the project. The Board of Regents shall administer the trust fund and all related construction activities.

(4)  No project shall be initiated unless all private funds for planning, construction, and equipping the facility have been received and deposited in the trust fund and the state's share for the minimum amount of funds needed to begin the project has been appropriated by the Legislature. The Legislature may appropriate the state's matching funds in one or more fiscal years for the planning, construction, and equipping of an eligible facility. However, these requirements shall not preclude the university from expending available funds from private sources to develop a prospectus, including preliminary architectural schematics and/or models, for use in its efforts to raise private funds for a facility. Additionally, any private sources of funds expended for this purpose are eligible for state matching funds should the project materialize as provided for in this section.

(5)  To be eligible to participate in the Alec P. Courtelis Capital Facilities Matching Trust Fund, a state university shall raise a contribution equal to one-half of the total cost of a facilities construction project from private nongovernmental sources which shall be matched by a state appropriation equal to the amount raised for a facilities construction project subject to the General Appropriations Act.

(6)  If the state's share of the required match is insufficient to meet the requirements of subsection (5), the university shall renegotiate the terms of the contribution with the donors. If the project is terminated, each private donation, plus accrued interest, reverts to the foundation for remittance to the donor.

(7)  By September 1 of each year, the Board of Regents shall transmit to the Legislature a list of projects which meet all eligibility requirements to participate in the Alec P. Courtelis Capital Facilities Matching Trust Fund and a budget request which includes the recommended schedule necessary to complete each project.

(8)  In order for a project to be eligible under this program, it must be included in the State University System 5-year Capital Improvement Plan and must receive prior approval from the Board of Regents and the Legislature.

(9)  No university's project shall be removed from the approved 3-year PECO priority list because of its successful participation in this program until approved by the Legislature and provided for in the General Appropriations Act. When such a project is completed and removed from the list, all other projects shall move up on the 3-year PECO priority list. A university shall not use PECO funds, including the Capital Improvement Trust Fund fee and the building fee, to complete a project under this section.

(10)  Any project funds that are unexpended after a project is completed shall revert to the Capital Facilities Matching Trust Fund. Fifty percent of such unexpended funds shall be reserved for the university which originally received the private contribution for the purpose of providing private matching funds for future facility construction projects as provided in this section. The balance of such unexpended funds shall be available to any state university for future facility construction projects conducted pursuant to this section.

(11)  The surveys, architectural plans, facility, and equipment shall be the property of the State of Florida. A facility constructed pursuant to this section may be named in honor of a donor at the option of the university and the Board of Regents. No facility shall be named after a living person without prior approval by the Legislature.

History.--s. 2, ch. 88-241; s. 11, ch. 90-302; s. 35, ch. 91-109; s. 36, ch. 94-230; s. 1, ch. 96-196.

240.2605  Trust Fund for Major Gifts.--

(1)  There is established a Trust Fund for Major Gifts. The purpose of the trust fund is to enable the Board of Regents Foundation, each university, and New College to provide donors with an incentive in the form of matching grants for donations for the establishment of permanent endowments, which must be invested, with the proceeds of the investment used to support libraries and instruction and research programs, as defined by procedure of the Board of Regents. All funds appropriated for the challenge grants, new donors, major gifts, or eminent scholars program must be deposited into the trust fund and invested pursuant to s. 18.125 until the Board of Regents allocates the funds to universities to match private donations. Notwithstanding s. 216.301 and pursuant to s. 216.351, any undisbursed balance remaining in the trust fund and interest income accruing to the portion of the trust fund which is not matched and distributed to universities must remain in the trust fund and be used to increase the total funds available for challenge grants. The Board of Regents may authorize any university to encumber the state matching portion of a challenge grant from funds available under s. 240.272.

(2)  The Board of Regents shall specify the process for submission, documentation, and approval of requests for matching funds, accountability for endowments and proceeds of endowments, allocations to universities, restrictions on the use of the proceeds from endowments, and criteria used in determining the value of donations.

(3)(a)  The Board of Regents shall allocate the amount appropriated to the trust fund to the Board of Regents Foundation, each university, and New College based on the amount of the donation and the restrictions applied to the donation.

(b)  Donations for a specific purpose must be matched in the following manner:

1.  The Board of Regents Foundation and each university that raises at least $100,000 but no more than $599,999 from a private source must receive a matching grant equal to 50 percent of the private contribution.

2.  The Board of Regents Foundation and each university that raises a contribution of at least $600,000 but no more than $1 million from a private source must receive a matching grant equal to 70 percent of the private contribution.

3.  The Board of Regents Foundation and each university that raises a contribution in excess of $1 million but no more than $1.5 million from a private source must receive a matching grant equal to 75 percent of the private contribution.

4.  The Board of Regents Foundation and each university that raises a contribution in excess of $1.5 million but no more than $2 million from a private source must receive a matching grant equal to 80 percent of the private contribution.

5.  The Board of Regents Foundation and each university that raises a contribution in excess of $2 million from a private source must receive a matching grant equal to 100 percent of the private contribution.

(c)  The Board of Regents shall encumber state matching funds for any pledged contributions, pro rata, based on the requirements for state matching funds as specified for the particular challenge grant and the amount of the private donations actually received by the university or Board of Regents Foundation for the respective challenge grant.

(4)  Matching funds may be provided for contributions encumbered or pledged under the Florida Endowment Trust Fund for Eminent Scholars Act prior to July 1, 1994, and for donations or pledges of any amount equal to or in excess of the prescribed minimums which are pledged for the purpose of this section.

(5)(a)  The Board of Regents Foundation, each university foundation, and New College Foundation shall establish a challenge grant account for each challenge grant as a depository for private contributions and state matching funds to be administered on behalf of the Board of Regents, the university, or New College. State matching funds must be transferred to a university foundation or New College Foundation upon notification that the university or New College has received and deposited the amount specified in this section in a foundation challenge grant account.

(b)  The foundation serving a university and New College Foundation each has the responsibility for the maintenance and investment of its challenge grant account and for the administration of the program on behalf of the university or New College, pursuant to procedures specified by the Board of Regents. Each foundation shall include in its annual report to the Board of Regents information concerning collection and investment of matching gifts and donations and investment of the account.

(c)  A donation of at least $600,000 and associated state matching funds may be used to designate an Eminent Scholar Endowed Chair pursuant to procedures specified by the Board of Regents.

(6)  The donations, state matching funds, or proceeds from endowments established under this section may not be expended for the construction, renovation, or maintenance of facilities or for the support of intercollegiate athletics.

(7)  The Board of Regents Foundation may participate in the same manner as a university foundation with regard to the provisions of this section.

¹(8)  Notwithstanding other provisions of this section, for the 1999-2000 fiscal year only, for gifts received during this period, the university presidents shall provide a list of donations from private donors for challenge grants, new donations, major gifts, and the eminent scholars program to be matched for the 1999-2000 fiscal year to the Board of Regents. The listing shall contain an explanation of the donation, a statement of the specific benefits accrued to the university as a result of the donation, and how the donation is consistent with the mission of the institution, as defined by the Board of Regents in the 1998-2003 Strategic Plan. University presidents shall rank each private donation to their university, giving highest priority to private donations that provide additional library resources to universities; donations that provide student assistance through scholarships, fellowships, or assistantships; donations that provide funding for existing academic programs at universities; and donations that meet the matching requirement without encumbering pledges. The Board of Regents, using the same criteria, shall develop a systemwide priority list and may set restrictions on the annual amount of matching funds provided for single donations that exceed $5 million.

History.--s. 10, ch. 85-196; s. 14, ch. 86-145; ss. 14, 22, ch. 89-367; s. 36, ch. 89-381; s. 12, ch. 90-302; ss. 6, 16, ch. 90-365; s. 35, ch. 94-230; s. 13, ch. 98-65; s. 8, ch. 99-13; s. 47, ch. 99-228.

¹Note.--Section 47, ch. 99-228, added subsection (8) "[i]n order to implement Specific Appropriations 8E, 193A, and 195 of the 1999-2000 General Appropriations Act."

240.261  Disciplinary rules.--

(1)  Each university may adopt, by rule, a uniform code of appropriate penalties for violations of rules by students and employees, to be administered by the president of each university. Such penalties, unless otherwise provided by law, may include fines, the withholding of diplomas or transcripts pending compliance with rules or payment of fines, and the imposition of probation, suspension, or dismissal.

(2)  The university shall adopt rules for the lawful discipline of any student, faculty member, or member of the administrative staff who intentionally acts to impair, interfere with, or obstruct the orderly conduct, processes, and functions of a state university. Said rules may apply to acts conducted on or off campus when relevant to such orderly conduct, processes, and functions.

History.--s. 25, ch. 79-222.

240.262  Hazing prohibited at state universities.--

(1)  As used in this section, "hazing" means any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student for the purpose of initiation or admission into or affiliation with any organization operating under the sanction of a university, which organization is hereinafter referred to as a "university organization." Such term includes, but is not limited to, any brutality of a physical nature, such as whipping; beating; branding; forced calisthenics; exposure to the elements; forced consumption of any food, liquor, drug, or other substance; or other forced physical activity which could adversely affect the physical health or safety of the individual, and also includes any activity which would subject the individual to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct which could result in extreme embarrassment, or other forced activity which could adversely affect the mental health or dignity of the individual. For the purposes of this section, any activity as described above upon which the initiation or admission into or affiliation with a university organization is directly or indirectly conditioned shall be presumed to be a "forced" activity, the willingness of an individual to participate in such activity notwithstanding.

(2)  Each university shall adopt a written antihazing policy and, pursuant to such policy, shall adopt rules prohibiting students or other persons associated with any university organization from engaging in any activity which can be described as hazing.

(a)  Pursuant to the provisions of s. 240.261, each university shall provide a program for the enforcement of such rules and shall adopt appropriate penalties for violations of such rules, to be administered by the person or agency at the university responsible for the sanctioning of such university organizations.

1.  Such penalties may include the imposition of fines; the withholding of diplomas or transcripts pending compliance with the rules or pending payment of fines; and the imposition of probation, suspension, or dismissal.

2.  In the case of a university organization which authorizes hazing in blatant disregard of such rules, penalties may also include rescission of permission for that organization to operate on campus property or to otherwise operate under the sanction of the university.

3.  All penalties imposed under the authority of this subsection shall be in addition to any penalty imposed for violation of any of the criminal laws of this state or for violation of any other university rule to which the violator may be subject.

(b)  Rules adopted pursuant hereto shall apply to acts conducted on or off campus whenever such acts are deemed to constitute hazing.

(3)(a)  A copy of the university antihazing policy, including the rules promulgated pursuant thereto and the penalties which may be imposed for violation of such rules, shall be submitted by each university to the Board of Regents for its approval no later than September 1, 1981.

(b)  The Board of Regents shall review the policy, rules, and penalties of each university and shall, without delay, either approve them or notify the university as to the reasons for the board's disapproval. In evaluating the policy, rules, and penalties submitted by each university, the board shall endeavor to ensure that the overall antihazing policy of the universities in this state is fair and relatively uniform so that there will not be a great disparity in policy, rules, or penalties from university to university.

(4)  Upon approval by the Board of Regents of the antihazing policy of a university and of the rules and penalties adopted pursuant thereto, the university shall provide a copy of such policy, rules, and penalties to each student enrolled in that university and shall require the inclusion of such policy, rules, and penalties in the bylaws of every organization operating under the sanction of the university.

(5)  Any amendments to such approved policy, rules, or penalties shall be submitted, within 10 days after the adoption of such amendments, to the Board of Regents for its approval.

History.--s. 3, ch. 81-263.

240.263  Regulation of traffic at universities; definitions.--

(1)  In construing ss. 240.263-240.268:

(a)  "Traffic," when used as a noun, means the use or occupancy of, and the movement in, on, or over, streets, ways, walks, roads, alleys, and parking areas by vehicles, pedestrians, or ridden or herded animals.

(b)  "Adjacent municipality" means a municipality which is contiguous or adjacent to, or which contains within its boundaries all or part of the grounds of, a university; except that, if the grounds of a university are not within or contiguous to a municipality, "adjacent municipality" means the county seat of the county which contains within its boundaries all or part of the grounds of the university.

(c)  "Grounds" includes all of the campus and grounds of the university, whether it be the campus proper or outlying or noncontiguous land of the university within the county.

(d)  "Law enforcement officers" include municipal police, patrol officers, traffic officers, sheriffs, deputies, highway patrol officers, and county traffic officers assigned to duty on the grounds of the university, as well as campus police, traffic officers, guards, parking patrollers, and other noncommissioned personnel designated for traffic purposes by the university.

(e)  "University traffic infraction" means a noncriminal violation of university parking and traffic rules which is not included under s. 318.14 or s. 318.17 or any municipal ordinance, which is not punishable by incarceration, and for which there is no right to trial by jury or to court-appointed counsel.

(f)  "Traffic authority" means an individual or a group of individuals at each university, authorized and appointed by the president of the university to adjudicate university traffic infractions.

(2)  A traffic rule shall be deemed promulgated when adopted by the individual institution.

History.--s. 1, ch. 29723, 1955; s. 18, ch. 65-130; s. 1, ch. 67-481; ss. 15, 35, ch. 69-106; s. 1, ch. 77-58; s. 33, ch. 79-222; s. 41, ch. 95-148.

Note.--Former s. 239.53.

240.264  Rules of universities; municipal ordinances.--Each university shall adopt rules which govern traffic on the grounds of that university; which provide penalties for the infraction of such traffic rules; and which the university finds necessary, convenient, or advisable for the safety or welfare of the students, faculty members, or other persons. Copies of such rules shall be posted at the university on public bulletin boards where notices are customarily posted, filed with the city clerk or corresponding municipal or county officer, and made available to any person requesting same. When adopted, said rules shall be enforceable as herein provided. All ordinances of the adjacent municipality relating to traffic which are not in conflict or inconsistent with the traffic rules adopted by the individual university shall extend and be applicable to the grounds of the university. The provisions of chapter 316 shall extend and be applicable to the grounds of the university, and the rules adopted by the individual university shall not conflict with any section of that chapter.

History.--s. 2, ch. 29723, 1955; s. 18, ch. 65-130; ss. 15, 35, ch. 69-106; s. 2, ch. 77-58; s. 1, ch. 77-119; s. 34, ch. 79-222.

Note.--Former s. 239.54.

240.265  Violations; penalties.--Any person who violates any of those rules adopted by the individual institution shall be deemed to have committed a university traffic infraction and shall be fined or penalized as provided by the rules adopted by the institution. Any person who violates any traffic regulation enumerated in chapter 316 shall be charged, and the cause shall proceed, in accordance with chapters 316 and 318.

History.--s. 3, ch. 29723, 1955; s. 9, ch. 74-377; s. 3, ch. 76-31; s. 3, ch. 77-58; s. 35, ch. 79-222.

Note.--Former s. 239.55.

240.266  Payment of fines; jurisdiction and procedures of university traffic authority; campus violation fines.--

(1)  A person charged with a university traffic infraction shall elect the option prescribed in paragraph (a) or the option prescribed in paragraph (b). If neither option is exercised within the prescribed time by the person charged with a university traffic infraction, an additional fine or penalty may be assessed, and shall be payable, in accordance with the rules of the university.

(a)  The person charged may pay the applicable infraction fine, either by mail or in person, within the time period specified in the rules of the individual university. A schedule of infraction fines applicable to each university shall be adopted by the university.

(b)  The person charged may elect to appear before the university traffic authority for administrative determination pursuant to procedures enumerated in the rules of such university.

(2)  Each university is authorized to approve the establishment of a university traffic authority to hear violations of traffic rules. In such cases as come before the authority, the university traffic authority shall determine whether the person is guilty or not guilty of the charge. In the case of a finding of guilt, the authority shall, in its discretion, impose an appropriate penalty pursuant to s. 240.265.

(3)  This section shall provide the exclusive procedures for the adjudication of university traffic infractions.

History.--s. 4, ch. 29723, 1955; s. 18, ch. 65-130; s. 1, ch. 69-209; ss. 15, 35, ch. 69-106; s. 4, ch. 77-58; s. 1, ch. 77-119; s. 36, ch. 79-222; s. 106, ch. 79-400.

Note.--Former s. 239.56.

240.267  Use of traffic and parking moneys.--Moneys collected from parking assessments and infraction fines shall be deposited in appropriate funds and shall be used to defray the administrative and operating costs of the traffic and parking program at the institution, to provide for additional parking facilities on campus, or for student loan purposes.

History.--s. 5, ch. 29723, 1955; s. 5, ch. 77-58; s. 1, ch. 77-119; s. 37, ch. 79-222.

Note.--Former s. 239.57.

240.268  University police.--

(1)  Each university is empowered and directed to provide for police officers for the university, and such police officers shall hereafter be known and designated as the "university police."

(2)  The university police are hereby declared to be law enforcement officers of the state and conservators of the peace with the right to arrest, in accordance with the laws of this state, any person for violation of state law or applicable county or city ordinances when such violations occur on any property or facilities which are under the guidance, supervision, regulation, or control of the State University System, except that arrests may be made off campus when hot pursuit originates on campus. Such officers shall have full authority to bear arms in the performance of their duties and to execute search warrants within their territorial jurisdiction. University police, when requested by the sheriff or local police authority, may serve subpoenas or other legal process and may make arrest of any person against whom a warrant has been issued or any charge has been made of violation of federal or state laws or county or city ordinances.

(3)  University police shall promptly deliver all persons arrested and charged with a felony to the sheriff of the county within which the university is located, and all persons arrested and charged with misdemeanors shall be delivered to the applicable authority as may be provided by law, but otherwise to the sheriff of the county in which the university is located.

¹(4)  University police must meet the minimum standards established by the Criminal Justice Standards and Training Commission and chapter 943. Each police officer shall, before entering into the performance of his or her duties, take the oath of office as established by the university; and the university may obtain and approve a bond on each officer, payable to the Governor and his or her successors in office, conditioned on the faithful performance of the duties of such university police officer. The university may determine the amount of the bond. In determining the amount of the bond, the university may consider the amount of money or property likely to be in the custody of the officer at any one time. The university shall provide a uniform set of identification credentials for each university police officer.

(5)  In performance of any of the powers, duties, and functions authorized by law or this section, university police shall have the same rights, protections, and immunities afforded other peace or law enforcement officers.

(6)  The university, in concurrence with the Department of Law Enforcement, shall adopt rules, including, but not limited to, the appointment, employment, and removal of university police in accordance with the state Career Service System, and, further, establish in writing a policy manual, including, but not limited to, routine and emergency law enforcement situations. A policy manual shall be furnished to each university police officer.

History.--s. 6, ch. 29723, 1955; s. 1, ch. 63-22; s. 18, ch. 65-130; ss. 15, 35, ch. 69-106; s. 1, ch. 70-414; s. 1, ch. 70-439; s. 1, ch. 72-263; s. 1, ch. 77-174; s. 11, ch. 79-8; s. 38, ch. 79-222; s. 107, ch. 79-400; s. 8, ch. 83-167; s. 42, ch. 95-148; s. 4, ch. 97-100; s. 25, ch. 98-34.

¹Note.--Section 46, ch. 98-34, provides that "[t]he provisions of this act do not affect a cause of action that accrued before [July 1, 1998]."

Note.--Former s. 239.58.

240.2682  Florida Postsecondary Education Security Information Act.--

(1)  This act may be cited as the "Florida Postsecondary Education Security Information Act."

(2)  For the purposes of this act, "postsecondary institution" means a state university identified in s. 240.2011, a nonpublic college or university licensed pursuant to s. 246.081, or a nonpublic college or university exempt from licensure pursuant to s. 246.085.

History.--s. 1, ch. 89-142.

240.2683  Report of campus crime statistics.--

(1)  Each postsecondary institution shall prepare an annual report of campus crime statistics for submission to the respective governing or licensing boards of jurisdiction. The data for these reports may be taken from the Florida Department of Law Enforcement Annual Report. The Department of Education shall prescribe the format for institutional submission. The Board of Regents and State Board of Independent Colleges and Universities shall compile the reports and convey the aggregate institutional reports to the Commissioner of Education.

(2)  Each postsecondary institution shall prepare a report of crime statistics as reported under subsection (1) for the most recent 3-year period. The report shall be updated annually. The institution shall give notice that this report is available upon request.

History.--s. 2, ch. 89-142.

240.2684  Assessment of physical plant safety.--The president of each postsecondary institution shall conduct or cause to be conducted an annual assessment of physical plant safety. An annual report shall incorporate the findings obtained through such assessment and recommendations for the improvement of safety on each campus. The annual report shall be submitted to the respective governing or licensing board of jurisdiction no later than January 1 of each year. Each board shall compile the individual institutional reports and convey the aggregate institutional reports to the Commissioner of Education. The Commissioner of Education shall convey these reports and the reports required in s. 240.2683 to the President of the Senate and the Speaker of the House of Representatives no later than March 1 of each year.

History.--s. 3, ch. 89-142.

240.271  State University System; funding.--

(1)  Planned enrollments for each university as accepted or modified by the Legislature and program cost categories shall be the basis for the allocation of appropriated funds to the universities.

(2)  In addition to enrollment-based appropriations, categorical programs shall be established in the State University System which are not directly related to planned student enrollment. Such programs shall be based upon the assigned missions of the institutions and shall include, but not be limited to, research and public service programs and authority to spend fee revenues collected pursuant to subsection (5) and s. 240.209(3)(e). Appropriations by the Legislature and allocations by the board shall be based upon full costs, as determined pursuant to subsection (1), and priorities established by the Legislature.

(3)  The Legislature by line item in an appropriations act may identify programs of extraordinary quality for the utilization of state funds to be matched by nonstate and nonfederal sources.

(4)  The Board of Regents shall establish and validate a cost-estimating system consistent with the requirements of subsection (1) and shall report as part of its legislative budget request the actual expenditures for the fiscal year ending the previous June 30. The report shall include total expenditures from all sources and shall be in such detail as needed to support the legislative budget request.

(5)(a)  If the actual enrollment for any university is less than planned enrollment by more than 5 percent for any 2 consecutive fiscal years, the university enrollment plan for the next year shall be reduced. If actual enrollment exceeds planned enrollment by more than 5 percent, an explanation of the excess shall be provided with the next year's enrollment plan. The analysis of enrollment conducted for implementing this subsection shall be based on the categories of enrollment used in the education and general appropriation.

(b)  Beginning in fiscal year 1995-1996, and as authorized in the General Appropriations Act, the Board of Regents shall allocate to each university the student fees collected by the university other than revenues generated by enrollment growth in excess of 5 percent above planned enrollment.

(6)  The enrollment planning plus program cost data established by this section shall be used as the basis for preparing the legislative budget requests.

History.--s. 39, ch. 79-222; s. 2, ch. 80-226; s. 12, ch. 83-325; ss. 19, 20, ch. 86-145; ss. 6, 7, ch. 86-172; s. 16, ch. 92-173; s. 26, ch. 94-230.

240.272  Carryforward of unexpended funds.--Notwithstanding the provisions of s. 216.301 to the contrary, the Executive Office of the Governor shall, on July 1 of each year, certify forward all unexpended funds appropriated or provided pursuant to s. 240.209 or s. 240.271 for the State University System. Any unexpended funds in the current year operating budget, including unexpended student fee revenues, shall be carried forward by the Board of Regents for use by the university to which the funds were allocated. Of the unexpended funds certified forward, any unencumbered amounts may be transferred to university carryforward accounts on September 1 of each year. Any certified forward funds remaining undisbursed on December 31 of each year shall be transferred to university carryforward accounts.

(1)  Such carryforward shall not exceed 5 percent of the total operating budget of the university. Funds carried forward pursuant to this section shall be expended for building an escrow account for major equipment purchases; for scientific, technical, or other equipment; for matching challenge grant programs; for library resources; for minor repairs, renovations, or maintenance; for major studies or planning processes; for maintaining access to course offerings in the event of a revenue shortfall; or for expanding access to course offerings, as approved by the Board of Regents.

(2)  No university shall be penalized in the allocation of subsequent funds as a result of the carryforward of an unexpended balance.

History.--ss. 7, 12, ch. 85-241; s. 12, ch. 90-365; s. 16, ch. 91-55; s. 8, ch. 93-242; s. 27, ch. 94-230.

240.273  Property applied to the State University System; apportionment.--All funds, appropriations, and real property of every nature and description which may come to the state for higher education, or which may lawfully be applied to the promotion or advancement of higher education in this state, shall be held and allocated by the Department of Education in conjunction with the Board of Regents. Such funds shall be distributed as deemed appropriate in the judgment of said department and board for the support and maintenance of the State University System.

History.--s. 90, ch. 79-222.

240.274  Universities; public documents distributed to libraries.--The general library of each institution in the State University System is entitled to receive copies of reports of state officials, departments, and institutions and all other state documents published by the state. Each officer of the state empowered by law to distribute such public documents is authorized to transmit without charge, except for payment of shipping costs, the number of copies of each public document desired upon requisition from the librarian. It is the duty of the library to keep public documents in a convenient form accessible to the public. The library, under rules formulated by the Board of Regents, is authorized to exchange documents for those of other states, territories, and countries.

History.--ss. 1, 6, ch. 83-252; s. 4, ch. 88-32; ss. 31, 44, ch. 90-335.

Note.--Former s. 283.49.

240.275  Law libraries of certain institutions of higher learning designated as state legal depositories.--

(1)  The law libraries of the University of Florida, Florida State University, Stetson University, Nova University, and the University of Miami are designated as state legal depositories.

(2)  Each officer of the state empowered by law to distribute legal publications is authorized to transmit, upon payment of shipping costs or cash on delivery, to the state legal depositories copies of such publications as requested. However, the number of copies transmitted shall be limited to:

(a)  Eight copies of each volume of General Acts and each volume of Special Acts to each of the state legal depositories;

(b)  Up to a maximum number of each volume of the Florida Statutes and each supplement volume, computed on the basis of one set for every 10 students enrolled during the school year, based upon the average enrollment as certified by the registrar; and

(c)  One copy of each journal of the House of Representatives and each journal of the Senate to each state legal depository.

(3)  It is the duty of the librarian of any depository to keep all public documents in a convenient form accessible to the public.

(4)  The libraries of all community colleges in the Florida Community College System as defined in s. 240.301 are designated as state depositories for the Florida Statutes and supplements published by or under the authority of the state; these depositories each may receive upon request one copy of each volume without charge, except for payment of shipping costs.

History.--ss. 1, 6, ch. 83-252; s. 4, ch. 88-32; ss. 32, 44, ch. 90-335; s. 9, ch. 99-13.

Note.--Former s. 283.50.

240.276  Specified university publications; activities; trust funds.--

(1)  Subject to the approval of the appropriate university, the Florida Law Review, the Florida State University Law Review, the Florida State University Journal of Land Use and Environmental Law, the University of Florida Journal of Law and Public Policy, and the Florida International Law Journal of the University of Florida are authorized to engage in the following activities relating to their respective publications, notwithstanding the contrary provision of any statute, rule, or regulation of the state or its subdivisions or agencies:

(a)  The grant of reprint rights relating to any or all issues of the Florida Law Review, the Florida State University Law Review, the Florida State University Journal of Land Use and Environmental Law, the University of Florida Journal of Law and Public Policy, or the Florida International Law Journal of the University of Florida, or any of the materials, articles, or ideas contained therein;

(b)  The sale for adequate consideration of any or all past or future stock and inventory of published issues of the Florida Law Review, the Florida State University Law Review, the Florida State University Journal of Land Use and Environmental Law, the University of Florida Journal of Law and Public Policy, or the Florida International Law Journal of the University of Florida, or portions thereof; and

(c)  The retention of the proceeds obtained under paragraph (a) or paragraph (b) together with all moneys received by the Florida Law Review or the Florida State University Law Review from current or future subscriptions, sale of individual issues, sale of advertising, binding service, royalties, donations, and all other sources except direct or indirect appropriations from the state, its subdivisions, or agencies.

(2)  Moneys retained by the Florida Law Review pursuant to this section shall be placed in a trust fund to be known as the Florida Law Review Trust Fund. Moneys retained by the Florida State University Law Review pursuant to this section shall be placed in a trust fund to be known as the Florida State University Law Review Trust Fund. Moneys retained by the Florida State University Journal of Land Use and Environmental Law pursuant to this section shall be placed in a trust fund to be known as the Florida State University Journal of Land Use and Environmental Law Trust Fund. Moneys retained by the University of Florida Journal of Law and Public Policy pursuant to this section shall be placed in a trust fund to be known as the University of Florida Journal of Law and Public Policy Trust Fund. Moneys retained by the Florida International Law Journal of the University of Florida pursuant to this section shall be placed in a trust fund to be known as the Florida International Law Journal of the University of Florida Trust Fund. Such trust funds shall be used to pay or supplement the payment of printing costs or other costs incident to the publication of the respective law reviews and law journals and shall be administered by the dean of each college of law or his or her faculty designee.

(3)  Printing of such publications shall be let upon contract to the lowest responsive bidder, in accordance with s. 283.33, except when the additional costs incurred in changing from the current printer to the new low bidder exceed the savings reflected in the bid prices. Such additional costs shall not exceed 10 percent of the lowest bid price.

History.--ss. 1, 6, ch. 83-252; s. 4, ch. 86-204; ss. 3, 4, ch. 88-32; s. 9, ch. 90-268; ss. 33, 44, ch. 90-335; s. 43, ch. 95-148.

Note.--Former s. 283.53.

240.277  Additional appropriation.--

(1)  All moneys received by the institutions under the management of the Board of Regents, other than from state and federal sources, from student building and capital improvement fees, and from vending machine collections, are hereby appropriated to the use of the Board of Regents, for the respective institutions collecting same, to be expended as the Board of Regents may direct; however, the funds shall not be expended except in pursuance of detailed budgets filed with the Executive Office of the Governor and shall not be expended for the construction or reconstruction of buildings except as provided under s. 240.295.

(2)  All moneys received from vending machine collections by the institutions under the management of the Board of Regents shall be expended only as set forth in detailed budgets approved by the Board of Regents.

(3)(a)  All moneys received by institutions under the management of the Board of Regents for the Auxiliary Enterprises and Contracts, Grants and Donations budget entities, and the self-insurance program authorized in s. 240.213, shall be exempt from the requirements of s. 216.023. The Board of Regents, in consultation with the appropriations committees of the Legislature, shall approve an estimated level of expenditures, salary rates, and positions for each of these budget entities. If such expenditures exceed the prior year level by more than 25 percent, the full membership of the appropriations committees shall be notified of the increase.

(b)  No new state appropriation shall be obligated as a source of matching funds for potential federal or private contracts or grants. Upon the termination of any federal or private contracts or grants, the state shall not be obligated to provide continued funding for personnel or project costs related to such contracts or grants.

History.--s. 5, ch. 28115, s. 1, ch. 28231, 1953; s. 1, ch. 57-400; s. 1, ch. 61-500; s. 4, ch. 65-123; ss. 2, 3, ch. 67-371; ss. 31, 35, ch. 69-106; s. 111, ch. 79-190; s. 11, ch. 79-222; s. 12, ch. 81-193; s. 40, ch. 81-223; s. 148, ch. 81-259; s. 2, ch. 81-263; s. 36, ch. 82-241; ss. 8, 12, ch. 85-241; s. 12, ch. 90-365; s. 24, ch. 92-321.

Note.--Former ss. 240.091, 216.28, 240.082.

240.279  Working capital trust funds established.--

(1)  The Board of Regents, with the approval of the Administration Commission, is hereby authorized to establish in the State Treasury a working capital trust fund for each of the individual institutions in the university system for the purpose of providing central financing and cost controls for certain general services necessary to the operation of all departments of the respective universities, including the auxiliary enterprises.

(2)  All costs of work performed and services rendered in providing the said services shall be paid from the working capital trust fund. The departments and enterprises shall be billed periodically, at least once each month or as nearly so as is reasonably practical, for services rendered at actual cost, including reasonable overhead and depreciation charges, and payments by the departments and enterprises shall be deposited into the working capital trust fund to be available for financing other work and services as required.

History.--ss. 1-5, ch. 29800, 1955; s. 7, ch. 57-400; s. 1, ch. 59-254; s. 2, ch. 61-119; s. 18, ch. 65-130; s. 2, ch. 67-129; ss. 2, 3, ch. 67-371; ss. 31, 35, ch. 69-106; s. 114, ch. 79-190; s. 10, ch. 79-222.

Note.--Former s. 241.63.

240.2803  Auxiliary enterprises; contracts, grants, and donations; definitions.--As used in s. 19(f)(3), Art. III of the State Constitution, the term:

(1)  "Auxiliary enterprises" includes activities that directly or indirectly provide a product or a service, or both, to a university or its students, faculty, or staff and for which a charge is made. These auxiliary enterprises are business activities of a university which require no support from the General Revenue Fund, and include activities such as housing, bookstores, student health services, continuing education programs, food services, college stores, operation of vending machines, specialty shops, day care centers, golf courses, student activities programs, data center operations, and intercollegiate athletics programs.

(2)  "Contracts, grants, and donations" includes noneducational and general funding sources in support of research, public services, and training. The term includes grants and donations, sponsored-research contracts, and Department of Education funding for developmental research schools and other activities for which the funds are deposited outside the State Treasury.

History.--s. 2, ch. 95-227; s. 20, ch. 98-65.

240.28031  Ancillary Facilities Construction Trust Fund.--

(1)  The Ancillary Facilities Construction Trust Fund is hereby created, to be administered by the Department of Education. Funds shall be credited to the trust fund from the sale of revenue bonds and from the transfer from various auxiliary units. The purpose of the trust fund is to support the construction, maintenance, and repair of ancillary facilities in the State University System.

(2)  Notwithstanding the provisions of s. 216.301, and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund and shall be available for carrying out the purposes of the trust fund.

History.--s. 1, ch. 95-114.

240.28035  Education--Contracts, Grants, and Donations Trust Fund.--

(1)  The Education--Contracts, Grants, and Donations Trust Fund is hereby created, to be administered by the Department of Education. Funds shall be credited to the trust fund from contracts, grants, and private donations. The purpose of the trust fund is to support the instruction and research missions of the State University System.

(2)  Notwithstanding the provisions of s. 216.301, and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund and shall be available for carrying out the purposes of the trust fund.

History.--s. 1, ch. 95-115.

240.2805  Administration of capital improvement and building fees trust funds.--The Board of Regents shall administer the Capital Improvement Fee Trust Fund and the Building Fee Trust Fund which include receipts from capital improvement and building student fee assessments, interest earnings, and subsidy grants. All funds, except those to be used for debt service payments, reserve requirements, and educational research centers for child development, pursuant to s. 240.531, shall be used to fund projects appropriated by the Legislature. Projects funded pursuant to this section may be expanded by the use of supplemental funds such as grants, auxiliary enterprises, private donations, and other nonstate sources when approved by the Executive Office of the Governor.

History.--s. 18, ch. 94-292.

240.281  Deposit of funds received by institutions and agencies in the State University System.--All funds received by any institution or agency in the State University System, from whatever source received and for whatever purpose, shall be deposited in the State Treasury subject to disbursement in such manner and for such purposes as the Legislature may by law provide. The following funds shall be exempt from the provisions of this section and, with the approval of the Board of Regents, may be deposited outside the State Treasury:

(1)  Student deposits.

(2)  Scholarship funds from private sources.

(3)  Student loan funds.

(4)  Contractor's bid deposits.

(5)  Vending machine collections.

(6)  Alumni association funds.

(7)  Funds received from private sources as gifts, grants, bequests, or donations.

(8)  Funds received by a faculty practice plan as provided by rule of the Board of Regents; however, the University of Florida and the University of South Florida shall prepare operating budgets at the same level of detail as that required of the education and general and Board of Regents budget entities for these funds.

(9)  Such other funds as may be approved by the Board of Regents and the Executive Office of the Governor subject to the review provisions of s. 216.177.

History.--s. 2, ch. 63-204; s. 1, ch. 67-129; ss. 2, 3, ch. 67-371; ss. 31, 35, ch. 69-106; s. 3, ch. 74-312; s. 112, ch. 79-190; s. 12, ch. 79-222; s. 1, ch. 91-257; s. 14, ch. 98-65.

Note.--Former s. 240.095.

240.283  Extra compensation for State University System employees.--Notwithstanding the provisions of s. 216.262(1)(e), the presidents of the several universities and the Chancellor are authorized to approve additional compensation for university employees and employees of the Board of Regents, respectively, as provided by rules adopted by the Board of Regents.

History.--s. 14, ch. 79-222; s. 11, ch. 84-254; s. 3, ch. 86-145; s. 22, ch. 95-196; s. 10, ch. 99-13.

240.285  Transfer of funds.--Notwithstanding the limitations of s. 216.292(3)(a), the State University System is authorized to transfer up to 15 percent from salaries to other personal services; however, such actions shall be shown in the legislative budget request which includes actual expenditures for the preceding fiscal year.

History.--s. 15, ch. 79-222; s. 12, ch. 84-254; s. 11, ch. 99-13.

240.287  Investment of university agency and activity funds; earnings used for scholarships.--Each university is authorized to invest available agency and activity funds and to use the earnings from such investments for student scholarships and loans. The university shall provide procedures for the administration of these scholarships and loans by rules.

History.--s. 22, ch. 79-222.

240.289  Credit card, charge card, and debit card use in university system; authority.--The several universities in the State University System are authorized, pursuant to s. 215.322, to enter into agreements and accept credit card, charge card, or debit card payments as compensation for goods, services, tuition, and fees in accordance with rules established by the Board of Regents.

History.--s. 1, ch. 74-312; s. 1, ch. 77-298; s. 95, ch. 79-222; s. 9, ch. 89-381; s. 8, ch. 97-241.

Note.--Former s. 239.665.

240.291  Delinquent accounts.--

(1)  Each university is directed to exert every effort to collect all delinquent accounts.

(2)  Each university is authorized to charge off or to settle such accounts as may prove uncollectible.

(3)  Each university is authorized to employ the service of a collection agency when deemed advisable in collecting delinquent accounts.

History.--s. 2, ch. 63-204; s. 2, ch. 77-309; s. 24, ch. 79-222; s. 110, ch. 79-400; s. 14, ch. 81-193.

Note.--Former s. 240.103.

240.293  Contracts of institutions for supplies, utility services, and building construction exempt from operation of county or municipal ordinance or charter.--

(1)  The state universities are authorized to contract for supplies, utility services, and building construction without regulation or restriction by municipal or county charter or ordinance. Contractual arrangements shall be in the best interests of the state and shall give consideration to rates, adequacy of service, and the dependability of the contractor.

(2)  Any municipal or county charter, ordinance, or regulation that serves to restrict or prohibit the intent of subsection (1) shall be inoperative.

History.--ss. 1, 2, ch. 61-507; s. 18, ch. 65-130; ss. 15, 35, ch. 69-106; s. 94, ch. 79-222.

Note.--Former s. 239.65.

240.295  State University System; authorization for fixed capital outlay projects.--

(1)  Notwithstanding the provisions of chapter 216, including s. 216.351, the State University System may accomplish fixed capital outlay projects consistent with the provisions of this section. Projects authorized by this section shall not require educational plant survey approval as prescribed in chapter 235. No project which upon completion requires general revenue for operation or maintenance shall be accomplished without approval by the Legislature.

(2)  The following types of projects may be accomplished pursuant to the restrictions identified in subsection (1):

(a)  Construction of any new buildings, or remodeling of existing buildings, when funded from nonstate sources such as federal grant funds, private gifts, grants, or lease arrangements if such grants or gifts are given for the specific purpose of construction;

(b)  The replacement of any buildings destroyed by fire or other calamity;

¹(c)  Construction of projects financed as provided in s. 240.2093 or part I of chapter 243;

(d)  Construction of new facilities or remodeling of existing facilities to meet needs for research, provided that such projects are financed pursuant to s. 240.241; or

(e)  Construction of facilities or remodeling of existing facilities to meet needs as determined by the university, provided that the amount of funds for any such project does not exceed $500,000, and the trust funds, other than the funds used to accomplish projects contemplated in this subsection, are authorized and available for such purposes.

(3)  Other than those projects currently authorized, no project proposed by a university which is to be funded from Capital Improvement Trust Fund fees or building fees shall be submitted to the Board of Regents for approval without prior consultation with the student government association of that university. The Board of Regents shall promulgate rules which are consistent with this requirement.

(4)  The Board of Regents shall, in consultation with local and state emergency management agencies, assess existing facilities to identify the extent to which each campus has public shelter space adequate to house those students, faculty, and employees expected to seek public shelter prior to or during a disaster and those other persons for which the campus has agreed with the local emergency management agency or other voluntary organization to provide shelter space. The board shall submit a report describing the results of its assessment to the Governor and the Legislature by February 1, 1994. At the discretion of the board, this report may be accompanied by a list of proposed improvements to existing buildings to improve shelter capacity and an estimate of the costs associated with implementing these improvements. Until a campus has sufficient shelter space, any building for which a design contract is entered into subsequent to July 1, 1994, must be constructed in accordance with public shelter standards unless the board, with the concurrence of the local emergency management agency or the Department of Community Affairs, exempts the building or part thereof from shelter standards because of its location, size, or other characteristic.

History.--s. 2, ch. 63-204; s. 3, ch. 67-97; s. 11, ch. 75-302; s. 102, ch. 79-222; s. 41, ch. 81-223; s. 1, ch. 81-263; s. 8, ch. 82-240; s. 110, ch. 83-217; s. 13, ch. 90-302; s. 7, ch. 93-211; s. 3, ch. 94-230; s. 19, ch. 94-292.

¹Note.--As amended by s. 3, ch. 94-230. This version is published as the last expression of legislative will (see Journal of the Senate 1994, pp. 1107 and 1510). Paragraph (2)(c) was also amended by s. 19, ch. 94-292, and that version reads:

(c)  Construction of dormitories or other auxiliary accommodations;

Note.--Former s. 240.141.

240.296  State University System Facilities Loan and Debt Surety Program.--

(1)  LEGISLATIVE INTENT.--The Legislature recognizes the need for new facilities, improvements to existing facilities, and equipment to accommodate university needs for student housing, dining, parking, merchandising, athletics, and other income-generating, self-supporting enterprises. It is further recognized that projects for these purposes must be approved by the Legislature before revenue certificates may be issued on behalf of the Board of Regents, and that the credit ratings of these revenue certificates may be enhanced by a secondary pledge of unobligated trust funds. It is, therefore, the intent of the Legislature to establish a program to provide the opportunity for each state university to obtain funds for these projects and to serve as a source of secondary credit enhancement for revenue certificates issued on behalf of the Board of Regents. This program shall be administered in accordance with procedures established by the Board of Regents.

(2)  ADMINISTRATION OF THE PROGRAM.--

(a)  Projects, including acquisition of new facilities, improvements to existing facilities, and equipment to accommodate university needs for student housing, parking, dining, merchandising, athletics, or other income-generating, self-supporting enterprises, shall be eligible for loans or secondary credit enhancement, as the case may be, subject to the procedures established by the Board of Regents.

(b)  To be eligible for secondary credit enhancement from the program, the primary revenue stream dedicated to each project must be sufficient to attain a minimum debt coverage ratio established by the Board of Regents. The surety pledge from the program for any one project shall not exceed an amount equal to 1 year's debt service or lease payments and such surety pledge shall not extend beyond the first 5 years of the debt, unless specifically authorized by the Board of Regents. The Board of Regents shall establish procedures for charges and for repayments of draws from the program.

(c)  To be eligible for a loan, the university must demonstrate the project's fiscal sufficiency, including loan repayment provisions.

(d)  All construction allocations shall be acquired in accordance with rules established by the Board of Regents, pursuant to s. 240.209(3)(p).

History.--s. 3, ch. 80-314; s. 149, ch. 81-259; s. 4, ch. 94-230.

240.2985  Ethics in Business Scholarship Program.--The Ethics in Business Scholarship Program is hereby created, to be administered by the Board of Regents. Moneys appropriated and allocated to university foundations for purposes of the program shall be used to create endowments for the purpose of providing scholarships to undergraduate college students enrolled in state institutions of higher learning who register for one or more credit hours in courses in business ethics and who have demonstrated a commitment to serving the interests of their community. First priority for awarding such scholarships shall be given to students who demonstrate financial need.

History.--s. 1, ch. 97-381.

240.299  Direct-support organizations; use of property; board of directors; audit; facilities.--

(1)  DEFINITIONS.--For the purposes of this section:

(a)  "University direct-support organization" means an organization which is:

1.  A Florida corporation not for profit incorporated under the provisions of chapter 617 and approved by the Department of State;

2.  Organized and operated exclusively to receive, hold, invest, and administer property and to make expenditures to or for the benefit of a state university in Florida or for the benefit of a research and development park or research and development authority affiliated with a state university and organized under part V of chapter 159; and

3.  An organization which the Board of Regents, after review, has certified to be operating in a manner consistent with the goals of the university and in the best interest of the state. Any organization which is denied certification by the Board of Regents shall not use the name of the university which it serves.

(b)  "Personal services" includes full-time or part-time personnel as well as payroll processing.

(2)  USE OF PROPERTY.--

(a)  The Board of Regents is authorized to permit the use of property, facilities, and personal services at any state university by any university direct-support organization, and, subject to the provisions of this section, direct-support organizations may establish accounts with the State Board of Administration for investment of funds pursuant to part IV of chapter 218.

(b)  The Board of Regents shall prescribe by rule conditions with which a university direct-support organization must comply in order to use property, facilities, or personal services at any state university. Such rules shall provide for budget and audit review and oversight by the Board of Regents.

(c)  The Board of Regents shall not permit the use of property, facilities, or personal services at any state university by any university direct-support organization which does not provide equal employment opportunities to all persons regardless of race, color, religion, sex, age, or national origin.

(3)  BOARD OF DIRECTORS.--The chair of the Board of Regents may appoint a representative to the board of directors and the executive committee of any direct-support organization established under this section. The president of the university for which the direct-support organization is established, or his or her designee, shall also serve on the board of directors and the executive committee of any direct-support organization established to benefit that university.

(4)  ANNUAL AUDIT.--Each direct-support organization shall make provisions for an annual postaudit of its financial accounts to be conducted by an independent certified public accountant in accordance with rules to be promulgated by the Board of Regents. The annual audit report shall include a management letter and shall be submitted to the Auditor General and the Board of Regents for review. The Board of Regents and the Auditor General shall have the authority to require and receive from the organization or from its independent auditor any detail or supplemental data relative to the operation of the organization. The identity of donors who desire to remain anonymous shall be protected, and that anonymity shall be maintained in the auditor's report. All records of the organization other than the auditor's report, management letter, and any supplemental data requested by the Board of Regents and the Auditor General shall be confidential and exempt from the provisions of s. 119.07(1).

(5)  FACILITIES.--In addition to issuance of indebtedness pursuant to s. 240.2093(2), each direct-support organization is authorized to enter into agreements to finance, design and construct, lease, lease-purchase, purchase, or operate facilities necessary and desirable to serve the needs and purposes of the university, as determined by the systemwide strategic plan adopted by the Board of Regents, upon approval of such agreements by the Board of Regents and approval of the project by the Legislature. Such agreements are subject to the provisions of s. 243.151.

(6)  ANNUAL BUDGETS AND REPORTS.--Each direct-support organization shall submit to the university president and the Board of Regents its federal Internal Revenue Service Application for Recognition of Exemption form (Form 1023) and its federal Internal Revenue Service Return of Organization Exempt from Income Tax form (Form 990).

History.--s. 10, ch. 75-302; s. 21, ch. 79-222; s. 6, ch. 85-313; s. 67, ch. 87-224; s. 1, ch. 88-237; s. 75, ch. 90-360; s. 14, ch. 91-55; s. 5, ch. 94-230; s. 819, ch. 95-148; s. 16, ch. 95-243; s. 27, ch. 95-392; s. 96, ch. 96-406; s. 1, ch. 98-99.

Note.--Former s. 240.182.

240.2995  University health services support organizations.--

(1)  Each state university is authorized to establish university health services support organizations which shall have the ability to enter into, for the benefit of the university academic health sciences center, arrangements with other entities as providers for accountable health partnerships, as defined in s. 408.701, and providers in other integrated health care systems or similar entities. To the extent required by law or rule, university health services support organizations shall become licensed as insurance companies, pursuant to chapter 624, or be certified as health maintenance organizations, pursuant to chapter 641. University health services support organizations shall have sole responsibility for the acts, debts, liabilities, and obligations of the organization. In no case shall the state or university have any responsibility for such acts, debts, liabilities, and obligations incurred or assumed by university health services support organizations.

(2)  Each university health services support organization shall be a Florida corporation not for profit, incorporated under the provisions of chapter 617 and approved by the Department of State.

(3)  The Board of Regents may prescribe, by rule, conditions with which a university health services support organization must comply in order to be certified and to use property, facilities, or personal services at any state university. The rules must provide for budget, audit review, and oversight by the Board of Regents. Such rules shall provide that the university health services support organization may provide salary supplements and other compensation or benefits for university faculty and staff employees only as set forth in the organization's budget, which shall be subject to approval by the university president.

(4)  The chair of the Board of Regents may appoint a representative to the board of directors and the executive committee of any university health services support organization established under this section. The president of the university for which the university health services support organization is established, or the president's designee, shall also serve on the board of directors and the executive committee of any university health services support organization established to benefit that university.

(5)  Each university health services support organization shall make provisions for an annual postaudit of its financial accounts to be conducted by an independent certified public accountant in accordance with rules of the Board of Regents. The annual audit report shall include a management letter and shall be submitted to the Auditor General and the Board of Regents for review. The Board of Regents and the Auditor General shall have the authority to require and receive from the organization or from its independent auditor any detail or supplemental data relative to the operation of the organization. The auditor's report, management letter, and any supplemental data requested by the Board of Regents and the Auditor General shall be considered public records, pursuant to s. 119.07.

(6)  All meetings of a governing board of a university health services support organization shall be open to the public in accordance with s. 286.011, unless made confidential and exempt by law. Records required by the Department of Insurance to discharge its duties shall be made available to the department upon request.

History.--s. 1, ch. 95-361; s. 9, ch. 97-96.

240.2996  University health services support organization; confidentiality of information.--

(1)  All meetings of a governing board of a university health services support organization and all university health services support organization records shall be open and available to the public in accordance with s. 286.011 and s. 24(b), Art. I of the State Constitution and chapter 119 and s. 24(a), Art. I of the State Constitution, respectively, unless made confidential or exempt by law.

(2)  The following university health services support organization's records and information are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution:

(a)  Contracts for managed care arrangements, as managed care is defined in s. 408.701, under which the university health services support organization provides health care services, including preferred provider organization contracts, health maintenance organization contracts, alliance network arrangements, and exclusive provider organization contracts, and any documents directly relating to the negotiation, performance, and implementation of any such contracts for managed care arrangements or alliance network arrangements.

(b)  A university health services support organization's plans for marketing its services, which services are or may reasonably be expected by the organization's governing board to be provided by competitors of the organization or its affiliated providers. However, documents that are submitted to the organization's governing board as part of the board's approval of the organization's budget, and the budget itself, are not confidential and exempt.

(c)  Trade secrets, as defined in s. 688.002, including reimbursement methodologies and rates.

(d)  The records of the peer review panels, committees, governing board, and agents of the university health services support organization which relate solely to the evaluation of health care services and professional credentials of health care providers and physicians employed by or providing services under contract to the university health services support organization. The exemptions created by this paragraph shall not be construed to impair any otherwise established rights of an individual health care provider to inspect documents concerning the determination of such provider's professional credentials.

The exemptions in this subsection are subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15 and shall stand repealed on October 2, 2001, unless reviewed and saved from repeal through reenactment by the Legislature.

(3)  Any portion of a governing board or peer review panel or committee meeting during which a confidential and exempt contract, document, record, marketing plan, or trade secret, as provided for in subsection (2), is discussed is exempt from the provisions of s. 286.011 and s. 24(b), Art. I of the State Constitution. The exemption in this subsection is subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15 and shall stand repealed on October 2, 2001, unless reviewed and saved from repeal through reenactment by the Legislature.

(4)  Those portions of any public record, such as a tape recording, minutes, and notes, generated during that portion of a governing board or peer review panel or committee meeting which is closed to the public pursuant to this section, which contain information relating to contracts, documents, records, marketing plans, or trade secrets which are made confidential and exempt by this section, are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. The exemptions in this subsection are subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15 and shall stand repealed on October 2, 2001, unless reviewed and saved from repeal through reenactment by the Legislature.

(5)  The exemptions from s. 119.07(1) and s. 24(a), Art. I of the State Constitution and s. 286.011 and s. 24(b), Art. I of the State Constitution provided in this section do not apply if the governing board of a university health services support organization votes to lease, sell, or transfer all or any substantial part of the facilities or property of the university health services support organization to a nonpublic entity.

(6)  Any person may petition a court of competent jurisdiction for an order for the public release of those portions of any public record, such as a tape recording, minutes, or notes, generated during that portion of a governing board meeting which is closed to the public pursuant to subsection (3), which record is made confidential and exempt by subsection (4). Any action pursuant to this subsection must be brought in the county where the principal office of the university health services support organization is located, as reflected in the records of the Secretary of State. In any order for the public release of a record pursuant to this subsection, the court shall make a finding that a compelling public interest is served by the release of the record or portions thereof which exceeds the public necessity for maintaining the confidentiality of such record as described in s. 2, chapter 96-171, Laws of Florida, and that the release of the record will not cause damage to or adversely affect the interests of private persons, business entities, the university health services support organization, or the affiliated university.

(7)  Those portions of any public record, such as a tape recording, minutes, or notes, generated during that portion of a governing board meeting at which negotiations for contracts for managed-care arrangements occur, are reported on, or are acted on by the governing board, which record is made confidential and exempt by subsection (4), shall become public records 2 years after the termination or completion of the term of the contract to which such negotiations relate or, if no contract was executed, 2 years after the termination of the negotiations. Notwithstanding paragraph (2)(a) and subsection (4), a university health services support organization must make available, upon request, the title and general description of a contract for managed-care arrangements, the names of the contracting parties, and the duration of the contract term. All contracts for managed-care arrangements which are made confidential and exempt by paragraph (2)(a), except those portions of any contract containing trade secrets which are made confidential and exempt by paragraph (2)(c), shall become public 2 years after the termination or completion of the term of the contract.

(8)  A university health services support organization may petition a court of competent jurisdiction to continue the confidentiality of any public record made nonconfidential by this section, upon a showing of good cause. In determining good cause, the court shall balance the property, privacy, and economic interests of any affected person or business entity with those of the university health services support organization and with the public interest and must make a finding that a substantial public interest is served by the continued confidentiality of the public record for an additional time period. The length of time for this continued exemption may be no longer than is necessary to protect that substantial public interest.

(9)  This act does not preclude discovery of records and information that are otherwise discoverable under the Florida Rules of Civil Procedure or any statutory provision allowing discovery or presuit disclosure of such records and information for the purpose of civil actions.

History.--ss. 1, 3, ch. 96-171.

240.301  Community colleges; definition, mission, and responsibilities.

240.303  "Community college" and "junior college" used interchangeably.

240.3031  Florida Community College System defined.

240.305  State Board of Community Colleges; establishment.

240.307  State Board of Community Colleges; appointment of members; qualifications.

240.309  State Board of Community Colleges; organization; meetings; fiscal year.

240.311  State Board of Community Colleges; powers and duties.

240.312  Community colleges; program review.

240.313  Community college districts; establishment and organization of boards of trustees.

240.315  Community college district board of trustees; board to constitute a corporation.

240.317  Community colleges; legislative intent.

240.319  Community college district boards of trustees; duties and powers.

240.3191  Community college student handbooks.

240.3192  Community colleges; HIV and AIDS policy.

240.3193  Community college student ombudsman office.

240.3195  State Community College System Optional Retirement Program.

240.32  Community college program approval.

240.321  Community college district board of trustees; rules for admissions of students.

240.3215  Community college district board of trustees; degrees and certificates; tests for certain skills.

240.323  Student records.

240.324  Community college accountability process.

240.325  Minimum standards, definitions, and guidelines for community colleges.

240.326  Hazing prohibited at community colleges.

240.327  Planning and construction of community college facilities; property acquisition.

240.331  Community college direct-support organizations.

240.3315  Statewide community college direct-support organizations.

240.333  Purchase of land by municipality.

240.3335  Centers of technology innovation.

240.334  Technology transfer centers at community colleges.

240.3341  Incubator facilities for small business concerns.

240.335  Employment of community college personnel; discrimination in granting salary prohibited.

240.3355  Community college system employment equity accountability program.

240.337  Records of personnel.

240.339  Contracts with administrative and instructional staff.

240.341  Teaching faculty; minimum teaching hours per week.

240.343  Sick leave.

240.344  Retirement annuities authorized.

240.345  Financial support of community colleges.

240.347  State Community College Program Fund.

240.349  Requirements for participation in Community College Program Fund.

240.35  Student fees.

240.353  Procedure for determining number of instruction units for community colleges.

240.3575  Economic development centers.

240.359  Procedure for determining state financial support and annual apportionment of state funds to each community college district.

240.36  Dr. Philip Benjamin Academic Improvement Trust Fund for Community Colleges.

240.361  Budgets for community colleges.

240.363  Financial accounting and expenditures.

240.364  Prohibited expenditures.

240.365  Delinquent accounts.

240.367  Current loans to community college district boards of trustees.

240.369  Exemption from county civil service commissions.

240.371  Transfer of benefits arising under local or special acts.

240.375  Payment of costs of civil actions against officers, employees, or agents of district board of trustees.

240.376  Provisions for the protection of property by district boards of trustees.

240.3763  Expenditures for self-insurance services; special account.

240.377  Promotion and public relations funding.

240.379  Certain chapters inapplicable to community colleges.

240.38  Community college police.

240.3815  Report of campus crime statistics.

240.382  Establishment of child development training centers at community colleges.

240.383  State Community College System Facility Enhancement Challenge Grant Program.

240.3835  Community College Capital Facilities Matching Trust Fund.

240.3836  Site-determined baccalaureate degree access program; funding.

240.384  Training school consolidation pilot projects.

240.301  Community colleges; definition, mission, and responsibilities.--

(1)  State community colleges shall consist of all public educational institutions operated by community college district boards of trustees under statutory authority and rules of the State Board of Education and the State Board of Community Colleges. A community college may provide adult education services, including adult basic education, adult general education, adult secondary education, and general educational development test instruction. The state community colleges are locally based and governed entities with statutory and funding ties to state government. As such, the community colleges' mission reflects a commitment to be responsive to local educational needs and challenges. In achieving this mission, the colleges strive to maintain sufficient local authority and flexibility while preserving appropriate legal accountability to the state.

(2)  As comprehensive institutions, the community colleges shall provide high-quality, affordable education and training opportunities, shall foster a climate of excellence, and shall provide opportunities to all while combining high standards with an open-door admission policy. The community colleges shall, as open-access institutions, serve all who can benefit, without regard to age, race, gender, creed, or ethnic or economic background, while emphasizing the achievement of social and educational equity so that all can be prepared for full participation in society.

(3)  The primary mission and responsibility of public community colleges is responding to community needs for postsecondary academic education and ¹degree career education. This mission and responsibility includes being responsible for:

(a)  Providing lower level undergraduate instruction and awarding associate degrees.

(b)  Preparing students directly for vocations requiring less than baccalaureate degrees. This may include preparing for job entry, supplementing of skills and knowledge, and responding to needs in new areas of technology. Career education in the community college shall consist of certificate career education programs leading to certificates for occupational completion points, credit courses leading to associate in science degrees and associate in applied technology degrees, and other programs in fields requiring substantial academic work, background, or qualifications. A community college may offer vocational programs in fields having lesser academic or technical requirements.

(c)  Providing student development services, including assessment, student tracking, support for disabled students, advisement, counseling, financial aid, career development, and remedial and tutorial services, to ensure student success.

(d)  Promoting economic development for the state within each community college district through the provision of special programs, including, but not limited to, the:

1.  Enterprise Florida-related programs.

2.  Technology transfer centers.

3.  Economic development centers.

4.  Workforce literacy programs.

(4)  A separate and secondary role for community colleges includes the offering of programs in:

(a)  Community services which are not directly related to academic or occupational advancement.

(b)  Adult general education.

(c)  Recreational and leisure services.

(5)  Funding for community colleges shall reflect their mission as follows:

(a)  Postsecondary academic and vocational education programs and adult general education programs shall have first priority in community college funding.

(b)  Community service programs shall be presented to the Legislature with rationale for state funding. The Legislature may identify priority areas for use of these funds.

(6)  Community colleges are authorized to offer such programs and courses as are necessary to fulfill their mission and are authorized to grant associate in arts degrees, associate in science degrees, associate in applied science degrees, certificates, awards, and diplomas. Each community college is also authorized to make provisions for the general educational development examination.

History.--s. 41, ch. 79-222; s. 14, ch. 83-326; s. 38, ch. 86-156; s. 3, ch. 87-326; s. 17, ch. 87-329; s. 2, ch. 88-399; s. 15, ch. 89-189; ss. 40, 52, ch. 89-381; s. 68, ch. 92-136; s. 18, ch. 94-230; s. 26, ch. 97-307.

¹Note.--The term "degree career education" was substituted for the term "postsecondary vocational" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

240.303  "Community college" and "junior college" used interchangeably.--Whenever the term "community college" appears in the Florida Statutes in reference to a tax-supported institution, it shall be construed to mean a "junior college."

History.--s. 5, ch. 70-198; s. 56, ch. 72-221; s. 42, ch. 79-222.

Note.--Former s. 230.741.

240.3031  Florida Community College System defined.--The Florida Community College System shall consist of the following:

(1)  The State Board of Community Colleges of the Division of Community Colleges of the Department of Education.

(2)  Brevard Community College.

(3)  Broward Community College.

(4)  Central Florida Community College.

(5)  Chipola Junior College.

(6)  Daytona Beach Community College.

(7)  Edison Community College.

(8)  Florida Community College at Jacksonville.

(9)  Florida Keys Community College.

(10)  Gulf Coast Community College.

(11)  Hillsborough Community College.

(12)  Indian River Community College.

(13)  Lake City Community College.

(14)  Lake-Sumter Community College.

(15)  Manatee Community College.

(16)  Miami-Dade Community College.

(17)  North Florida Community College.

(18)  Okaloosa-Walton Community College.

(19)  Palm Beach Community College.

(20)  Pasco-Hernando Community College.

(21)  Pensacola Junior College.

(22)  Polk Community College.

(23)  St. Johns River Community College.

(24)  St. Petersburg Junior College.

(25)  Santa Fe Community College.

(26)  Seminole Community College.

(27)  South Florida Community College.

(28)  Tallahassee Community College.

(29)  Valencia Community College.

History.--s. 2, ch. 87-132; s. 64, ch. 89-381; s. 4, ch. 89-535; s. 4, ch. 95-261; s. 3, ch. 95-432; s. 15, ch. 98-58.

240.305  State Board of Community Colleges; establishment.--There is established a State Board of Community Colleges of the Department of Education with the necessary powers to exercise responsibility for statewide leadership in overseeing and coordinating the individually governed public community colleges. There shall continue to be maximum local autonomy in the governance and operation of individual community colleges. The board shall be subject at all times to the overall supervision of the State Board of Education.

History.--s. 43, ch. 79-222; s. 15, ch. 83-326.

240.307  State Board of Community Colleges; appointment of members; qualifications.--

(1)  The State Board of Community Colleges shall be comprised of the Commissioner of Education, one student, and 11 lay citizens appointed by the Governor, approved by four members of the State Board of Education, and confirmed by the Senate in regular session. The Commissioner of Education may nominate two or more persons for each position, prior to appointment by the Governor. The State Board of Education shall adopt rules and procedures for its review and approval of nominees. Members shall have been residents and citizens of this state for at least 10 years prior to appointment.

(a)  All members shall be deemed to be members-at-large charged with the responsibility of serving the entire state.

(b)  Terms of membership of the lay citizens shall be for 5 years.

(c)  Lay citizen members of the State Board of Community Colleges shall be appointed in a manner providing equitable geographical representation.

(d)  The student member shall be registered as a student in a public community college and shall have been a resident of this state for at least 5 years. His or her term of office shall be 1 year.

(2)  Each member shall serve until expiration of his or her term and until his or her successor is appointed and qualified, except in the case of an appointment to fill a vacancy, in which case the appointment shall be for the unexpired term, and except as otherwise provided by this section. The Governor shall fill all vacancies that may at any time occur therein, subject to the above approval and confirmation.

(3)  Members may be removed for cause at any time upon the concurrence of a majority of the members of the State Board of Education.

(4)  The members of the State Board of Community Colleges shall receive no compensation but shall be paid travel and per diem as provided in s. 112.061 while in the performance of their duties and in traveling to, from, or upon the same.

History.--s. 44, ch. 79-222; s. 15, ch. 81-193; s. 150, ch. 81-259; s. 16, ch. 83-326; s. 3, ch. 91-49; s. 44, ch. 95-148.

240.309  State Board of Community Colleges; organization; meetings; fiscal year.--

(1)  The State Board of Community Colleges shall, within 60 days after its appointment, organize, adopt a seal, and adopt rules for administration and procedures not inconsistent herewith and may from time to time amend such rules. At its organizational meeting, the board shall elect from among its members a chair and vice chair, each to serve for 1 year, and annually thereafter shall elect such officers who shall serve for 1-year terms until their successors are elected. At its organizational meeting, the board shall fix a date and place for its regular meetings. Seven members shall constitute a quorum, and no meeting may be held with less than a quorum present. The board may appoint members to such committees as it from time to time shall establish. Members of such committees may include persons who are not members of the board.

(2)  Special meetings of the board may be called as provided by the board in its rules. Regular meetings of the board shall normally be held at the offices of the board, which shall be in Leon County, but, whenever the convenience of the public may be promoted, the board may hold meetings, hearings, and proceedings at any other place in the state designated by the board.

(3)  The board shall meet not less than four times in every fiscal year.

(4)  The fiscal year of the board shall conform to the fiscal year of the state.

History.--s. 45, ch. 79-222; s. 17, ch. 83-326; s. 45, ch. 95-148.

240.311  State Board of Community Colleges; powers and duties.--

(1)  The State Board of Community Colleges shall serve as the director of the Division of Community Colleges of the Department of Education.

(2)  The State Board of Community Colleges is responsible for the operation and maintenance of a state community college system, as defined in s. 228.041(1)(b), in a coordinated, efficient, and effective manner. The State Board of Community Colleges has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law conferring duties upon it. Such rules and policies shall be submitted to the State Board of Education for approval. If any rule is not disapproved by the State Board of Education within 45 days of its receipt by the State Board of Education, the rule shall be filed immediately with the Department of State.

(3)  The State Board of Community Colleges shall:

(a)  Provide for each community college to offer educational training and service programs designed to meet the needs of both students and the communities served.

(b)  Provide, through rule, for the coordination of the Florida Community College System.

(c)  Review new associate degree, diploma, and certificate programs for relationship to student demand; conduct periodic reviews of existing programs; and provide rules for termination of associate degree or certificate programs when excessive duplication exists.

(d)  Ensure that the rules and procedures of community college district boards relating to admission to, enrollment in, employment in, and programs, services, functions, and activities of each college provide equal access and equal opportunity for all persons.

(e)  Advise presidents of community colleges of the fiscal policies adopted by the Legislature and of their responsibilities to follow such policies.

(f)  Specify, by rule, procedures to be used by the boards of trustees in the annual evaluations of presidents and formally review the evaluations of presidents by the boards of trustees.

(g)  Recommend to the State Board of Education minimum standards for the operation of each community college as required in s. 240.325, which standards may include, but are not limited to, general qualifications of personnel, budgeting, accounting and financial procedures, educational programs, student admissions and services, and community services.

(h)  Establish an effective information system which will provide composite data about the community colleges and assure that special analyses and studies about the colleges are conducted, as necessary, for provision of accurate and cost-effective information about the colleges and about the community college system as a whole.

(i)  Encourage the colleges and the system as a whole to cooperate with other educational institutions and agencies and with all levels and agencies of government in the interest of effective utilization of all resources, programs, and services.

(j)  Establish criteria for making recommendations relative to modifying district boundary lines and for making recommendations upon all proposals for the establishment of additional centers or campuses for community colleges.

(k)  Develop a plan in cooperation with the local school district and the Department of Education to include any and all counties in a community college service district.

(l)  Assess the need to consolidate any community colleges.

(m)  Develop and adopt guidelines relating to salary and fringe benefit policies for community college administrators, including community college presidents.

(n)  Develop and adopt guidelines relating to official travel by community college employees.

(o)  Receive an annual administrative review of each community college.

1.  Such review shall include, but is not limited to, the administrator-to-faculty ratio, the percent of funds for administrative costs in the total budget, and the percent of funds in support programs compared to the percent of funds in instructional programs and may include such other indicators of quality as are necessary.

2.  The review shall also include all courses offered by a community college outside its district. Courses offered outside the home district which are not approved by the State Board of Community Colleges shall not be counted for funding purposes or to meet enrollment assignments. For purposes of this subparagraph, electronically originated instruction, to include satellite, broadcast, and Internet delivered instruction, shall be exempt. Exemption is only permitted when the community college's intent is to offer the instruction for students residing within the community college's home district and only markets the instruction to students residing within the community college's home district. If a community college's intent is to market the electronically originated instruction outside its home district and thus recruit students outside its home district, the community college must receive the approval of the State Board of Community Colleges. The State Board of Community Colleges shall have authority to review any electronically originated instruction for compliance with this section.

(p)  Encourage and support activities which promote and advance college and statewide direct-support organizations.

(q)  Specify, by rule, the degree program courses that may be taken by students concurrently enrolled in college-preparatory instruction.

(4)  The State Board of Community Colleges shall appoint, and may suspend or dismiss, an executive director of the community college system. The board shall fix the compensation for the executive director and for all other professional, administrative, and clerical employees necessary to assist the board and the executive director in the performance of their duties. The executive director shall serve as executive officer and as secretary to the board; shall attend, but not vote at, all meetings of the board except when on authorized leave; shall be in charge of the offices of the board, including appointment and termination of staff; and shall be responsible for the preparation of reports and the collection and dissemination of data and other public information relating to the Florida Community College System. The executive director shall conduct systemwide program reviews for board approval; prepare the legislative budget request for the system; and, upon the request of the board, represent the system before the Legislature and the State Board of Education, including representation in the presentation of proposed rules to the State Board of Education. The board may, by rule, delegate to the executive director any of the powers and duties vested in or imposed upon it by this part. Under the supervision of the board, the executive director shall administer the provisions of this part and the rules established hereunder and all other applicable laws of the state.

(5)  The State Board of Community Colleges is responsible for reviewing and administering the state program of support for the Florida Community College System and, subject to existing law, shall:

(a)  Review and approve all budgets and recommended budget amendments in the Florida Community College System.

(b)  Recommend to the Commissioner of Education all requests for appropriations for inclusion in the Commissioner of Education's budget presentation to the Governor, as chief budget officer of the state, in the manner provided in chapter 216.

(c)  Provide for and coordinate implementation of the community college program fund in accordance with provisions of ss. 240.359 and 240.323 and in accordance with rules of the State Board of Education.

(d)  Adopt, and submit to the Legislature, a 3-year list of priorities for fixed capital outlay projects.

(6)  The State Board of Community Colleges is authorized to exercise any other powers, duties, and responsibilities necessary to carry out the purposes of this part, except that powers and duties granted to the several district boards of trustees by ss. 240.315, 240.317, 240.319, and 447.203 shall remain with the several district boards of trustees.

(7)  The State Board of Community Colleges shall adopt rules and procedures to be followed by district boards of trustees for the recruitment, consideration, and selection process for presidents of the community colleges. The rules or procedures shall address, at a minimum, the following: the composition of a search committee that provides for membership representing the gender and ethnic diversity of the community, faculty, students, and staff; the program mix of the community college and priorities of the community and board of trustees; and a recruitment and consideration process that provides a candidate pool with ethnic and gender diversity appropriate for the community college district. The district board of trustees is responsible for the appointment of the community college president, pursuant to s. 240.319(4)(a). Upon selection of a president by a board of trustees, the board of trustees shall submit a report to the State Board of Community Colleges documenting compliance with this subsection.

(8)(a)  The State Board of Community Colleges is authorized to develop and produce work products which relate to mechanisms to provide for consolidated and coordinated program development and educational endeavors to support distance learning instruction which are subject to trademark, copyright, or patent statutes. To this end, the board shall consider the relative contribution by the personnel employed in the development of such work products and shall enter into binding agreements with such personnel, organizations, corporations, or government entities, which agreements shall establish the percentage of ownership of such trademarks, copyrights, or patents. Any other law to the contrary notwithstanding, the board is authorized in its own name to:

1.  Perform all things necessary to secure letters of patent, copyrights, and trademarks on any such work products and to enforce its rights therein.

2.  License, lease, assign, or otherwise give written consent to any person, firm, or corporation for the manufacture or use thereof on a royalty basis or for such other consideration as the board deems proper.

3.  Take any action necessary, including legal action, to protect the same against improper or unlawful use or infringement.

4.  Enforce the collection of any sums due the board for the manufacture or use thereof by any other party.

5.  Sell any such work products and execute all instruments necessary to consummate any such sale.

6.  Perform all other acts necessary and proper for the execution of powers and duties provided by this paragraph.

Any proceeds therefrom shall be deposited and expended by a Florida not-for-profit corporation, incorporated under the provisions of chapter 617 and approved by the Department of State, to be used as directed by the board to pay the cost of producing and disseminating educational materials and products to carry out the intent of this act. Any action taken by the board in securing or exploiting such trademarks, copyrights, or patents shall, within 30 days, be reported by the board to the Department of State.

(b)  The board is authorized to publish, produce, or have produced materials and products and shall make them readily available for appropriate use in the state system of education. The board is authorized to charge an amount adequate to cover the essential cost of producing and disseminating such materials and products in the state system of education and is authorized to sell copies for educational use to nonpublic schools in the state and to the public.

(c)  Any Florida not-for-profit corporation receiving funds pursuant to this section shall make provisions for an annual postaudit of its financial accounts to be conducted by an independent certified public accountant in accordance with rules to be adopted by the board. The annual audit report shall be submitted to the Auditor General and the board for review. The board and the Auditor General shall have the authority to require and receive from the organization or from its independent auditor any detail or supplemental data relative to the operation of the organization.

(d)  By December 31, 1999, and annually thereafter, the State Board of Community Colleges shall report on the implementation of this ¹section to the Speaker of the House of Representatives and the President of the Senate.

History.--s. 46, ch. 79-222; s. 5, ch. 81-193; s. 151, ch. 81-259; s. 37, ch. 82-241; s. 18, ch. 83-326; s. 30, ch. 84-336; s. 14, ch. 85-196; s. 40, ch. 94-230; ss. 6, 10, ch. 95-392; s. 6, ch. 95-411; s. 16, ch. 98-58; s. 2, ch. 98-99; s. 36, ch. 98-200; s. 7, ch. 98-421; s. 12, ch. 99-13; s. 2, ch. 99-249; s. 5, ch. 99-354.

¹Note.--As created by s. 5, ch. 99-354. Section 240.311(8) was also created by s. 6, ch. 99-249, and that version used the word "act."

240.312  Community colleges; program review.--Program reviews for the community college system shall be coordinated with the Postsecondary Education Planning Commission every year. Every major program shall be reviewed every 5 years or whenever the effectiveness or efficiency of a program is jeopardized. Indicators of quality and criteria for the program reviews shall be defined. The results of these program reviews shall be tied to the budget request for the community college system.

History.--s. 13, ch. 83-325.

240.313  Community college districts; establishment and organization of boards of trustees.--

(1)  Each community college district authorized by law and the Department of Education is an independent, separate, legal entity created for the operation of a community college.

(2)  Community college district boards of trustees shall be comprised of five members when a community college district is confined to one school board district; seven members when a community college district is confined to one school board district and the board of trustees so elects; and not more than nine members when the district contains two or more school board districts, as provided by regulations of the state board. However, Florida Community College at Jacksonville shall have an odd number of trustees.

(3)  Trustees shall be appointed by the Governor, approved by four members of the State Board of Education, and confirmed by the Senate in regular session; however, no appointee shall take office until after his or her appointment has been approved by four members of the State Board of Education; further, the State Board of Education shall develop rules and procedures for review and approval of the appointees. Prior to the time the Governor appoints any member of any community college district board of trustees, the school board or boards in the community college district may submit to the Governor for his or her consideration the names of two or more persons for each office.

(4)  Members of the board of trustees shall receive no salary but may receive reimbursement for expenses as provided in s. 112.061, including mileage to and from official board meetings.

(5)  At its first regular meeting after July 1 of each year, each board of trustees shall organize by electing a chair, whose duty as such is to preside at all meetings of the board, to call special meetings thereof, and to attest to actions of the board, and a vice chair, whose duty as such is to act as chair during the absence or disability of the elected chair. It is the further duty of the chair of each board of trustees to notify the Governor, in writing, whenever a board member fails to attend three consecutive regular board meetings in any one fiscal year, which absences may be grounds for removal.

(6)  A community college president shall be the executive officer and corporate secretary of the board of trustees as well as the chief administrative officer of the community college, and all the components of the institution and all aspects of its operation are responsible to the board of trustees through the president.

(7)  The board of trustees shall have the power to take action without a recommendation from the president and shall have the power to require the president to deliver to the board all data and information required by the board in the performance of its duties.

History.--s. 2, ch. 19159, 1939; s. 48, ch. 23726, 1947; s. 1, ch. 29637, 1955; s. 5, ch. 57-252; s. 36, ch. 65-239; s. 7, ch. 68-5; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; ss. 58, 70, ch. 72-221; s. 5, ch. 72-352; s. 1, ch. 77-332; s. 47, ch. 79-222; s. 16, ch. 81-193; s. 152, ch. 81-259; s. 19, ch. 83-326; s. 1, ch. 85-331; s. 46, ch. 95-148; s. 27, ch. 97-246.

Note.--Former ss. 242.42, 230.47, 230.0102, 230.753.

240.315  Community college district board of trustees; board to constitute a corporation.--Each community college district board of trustees is constituted a body corporate by the name of "The District Board of Trustees of  (name of community college) , Florida." In all suits against a board, service of process shall be made on the chair of the board or, in the absence of the chair, on another member of the board.

History.--s. 48, ch. 79-222; s. 153, ch. 81-259; s. 47, ch. 95-148.

240.317  Community colleges; legislative intent.--It is the legislative intent that community colleges, constituted as political subdivisions of the state, continue to be operated by district boards of trustees as provided in s. 240.315 and that no department, bureau, division, agency, or subdivision of the state exercise any responsibility and authority to operate any community college of the state except as specifically provided by law or rules of the State Board of Education and State Board of Community Colleges.

History.--s. 16, ch. 70-94; s. 70, ch. 72-221; s. 49, ch. 79-222; s. 17, ch. 81-193; s. 20, ch. 83-326.

Note.--Former s. 230.7535.

240.319  Community college district boards of trustees; duties and powers.--

(1)  Each community college district board of trustees is vested with the responsibility to operate its respective community college and with such necessary authority as is needed for the proper operation and improvement thereof in accordance with rules of the State Board of Education and State Board of Community Colleges.

(2)  The board of trustees, after considering recommendations submitted by the community college president, has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of law conferring duties upon it. These rules may supplement those prescribed by the State Board of Education and the State Board of Community Colleges if they will contribute to the more orderly and efficient operation of the Florida Community College System.

(3)  Each community college district board of trustees is specifically authorized to adopt rules, procedures, and policies, consistent with law and rules of the State Board of Education and State Board of Community Colleges, related to its mission and responsibilities as set forth in s. 240.301, its governance, personnel, budget and finance, administration, programs, curriculum and instruction, buildings and grounds, travel and purchasing, technology, students, contracts and grants, or college property.

(4)  Such rules, procedures, and policies for the boards of trustees include, but are not limited to, the following:

(a)  Each board of trustees shall appoint, suspend, or remove the president of the community college. The board of trustees may appoint a search committee. The board of trustees shall conduct periodic evaluations of the president in accordance with rules of the State Board of Community Colleges and submit such evaluations to the State Board of Community Colleges for review.

(b)  Each board of trustees has responsibility for the establishment and discontinuance of program and course offerings; provision for instructional and noninstructional community services, location of classes, and services provided; and dissemination of information concerning such programs and services.

(c)  Each board of trustees constitutes the contracting agent of the community college. It may when acting as a body make contracts, sue, and be sued in the name of the board of trustees. In any suit, a change in personnel of the board shall not abate the suit, which shall proceed as if such change had not taken place. Each board may adopt rules, procedures, and policies related to contracts and contract management.

(d)  Whenever the Department of Education finds it necessary for the welfare and convenience of any community college to acquire private property for the use of the community college and the property cannot be acquired by agreement satisfactory to the district board of trustees of the community college and the parties interested in, or the owners of, the private property, the district board of trustees may exercise the right of eminent domain after receiving approval therefor from the State Board of Education and may then proceed to condemn the property in the manner provided by chapters 73 and 74.

(e)  Each board of trustees may enter into lease-purchase arrangements with private individuals or corporations for necessary grounds and buildings for community college purposes, other than dormitories, or for buildings other than dormitories to be erected for community college purposes. Such arrangements shall be paid from capital outlay and debt service funds as provided by s. 240.359(2), with terms not to exceed 30 years at a stipulated rate. The provisions of such contracts, including building plans, are subject to approval by the Department of Education, and no such contract may be entered into without such approval. The State Board of Education may adopt such rules as it deems necessary to administer this paragraph.

(f)  Each board of trustees may purchase, acquire, receive, hold, own, manage, lease, sell, dispose of, and convey title to real property, in the best interests of the college, pursuant to rules adopted by the State Board of Education.

(g)  Each board of trustees is authorized to enter into agreements for, and accept, credit card payments as compensation for goods, services, tuition, and fees. Each community college is further authorized to establish accounts in credit card banks for the deposit of credit card sales invoices.

(h)  Each board of trustees may adopt, by rule, a uniform code of appropriate penalties for violations of its rules by students and employees. Such penalties, unless otherwise provided by law, may include fines, the withholding of diplomas or transcripts pending compliance with rules or payment of fines, and the imposition of probation, suspension, or dismissal.

(i)  Each board of trustees may consider the past actions of any person applying for admission or employment and may provide, by board rule or procedure, for denying admission, enrollment, or employment to a person if past actions have been found to disrupt or interfere with the orderly conduct, processes, functions, or programs of any other university, college, or community college.

(j)  Each board of trustees is authorized to develop and produce work products relating to educational endeavors which are subject to trademark, copyright, or patent statutes. To this end, the board shall consider the relative contribution by the personnel employed in the development of such work products and shall enter into binding agreements with such personnel, organizations, corporations, or government entities, which agreements shall establish the percentage of ownership of such trademarks, copyrights, or patents. Any other law to the contrary notwithstanding, the board is authorized in its own name to:

1.  Perform all things necessary to secure letters of patent, copyrights, and trademarks on any such work products and to enforce its rights therein.

2.  License, lease, assign, or otherwise give written consent to any person, firm, or corporation for the manufacture or use thereof on a royalty basis or for such other consideration as the board deems proper.

3.  Take any action necessary, including legal action, to protect the same against improper or unlawful use of infringement.

4.  Enforce the collection of any sums due the board for the manufacture or use thereof by any other party.

5.  Sell any of the same and execute all instruments necessary to consummate any such sale.

6.  Do all other acts necessary and proper for the execution of powers and duties provided by this paragraph.

(k)  Each board of trustees shall provide rules governing parking and the direction and flow of traffic within campus boundaries and may hire appropriate personnel to enforce campus parking rules. Such persons have no authority to arrest or issue citations for moving traffic violations. The board of trustees may adopt, by rule, a uniform code of appropriate penalties for violations. Such penalties, unless otherwise provided by law, may include the levying of fines, the withholding of diplomas or transcripts pending compliance with rules or payment of fines, and the imposition of probation, suspension, or dismissal. Moneys collected from parking rule infractions shall be deposited in appropriate funds at each community college for student financial aid purposes.

(l)1.  Each board of trustees may adopt rules, procedures, and policies related to the appointment, employment, and removal of personnel. The board shall determine the compensation, including salaries and fringe benefits, and other conditions of employment for such personnel, including the president.

2.  The board is authorized to enter into a contract with the president in accordance with the provisions of this chapter. Any such contract may fix the duration of employment and the compensation therefor and may contain any other terms and conditions the board deems appropriate. In addition, the board may furnish the president with the use of a motor vehicle or an allowance in lieu thereof. If any such vehicle is furnished, the board shall determine and fix the maximum noncollege use of the same. Each board of trustees shall adopt, by rule, procedures governing the employment and dismissal of the community college president. Such rule shall be incorporated into the contract for employment.

(m)  Each board of trustees may provide for recognition of employees who have contributed outstanding and meritorious service in their fields and may adopt and implement a program of meritorious service awards to employees who propose procedures or ideas that are adopted and that will result in eliminating or reducing community college expenditures or improving community college operations. The community college is authorized to expend funds for such recognition and awards. An award granted under the provisions of this paragraph may not exceed $2,000 or 10 percent of the first year's gross savings, whichever is greater.

(n)  Each board of trustees may adopt rules, procedures, and policies related to students, enrollment of students, student activities, loans, scholarships, and other student services.

(o)  Each board of trustees may adopt rules, procedures, and policies related to risk management, safety, security, and law enforcement operations. Each board of trustees is authorized to employ personnel to carry out the duties imposed by this paragraph.

(p)  Each board of trustees is authorized to contract for the purchase, lease, or acquisition in any manner (including purchase by installment or lease-purchase contract which may provide for the payment of interest on the unpaid portion of the purchase price and for the granting of a security interest in the items purchased) of goods, materials, equipment, and services required by the college. The board of trustees may choose to consolidate equipment contracts under master equipment financing agreements made pursuant to s. 287.064.

(q)  Each board of trustees is authorized to establish and maintain a personnel exchange program by which persons employed within the community college as vocational instructors and comparable administrative and professional staff may be exchanged with persons employed in like capacities by institutions of higher learning which are not under the jurisdiction of the community college, by units of government either within or without this state, or by private industry. The salary and benefits of community college and state personnel participating in the exchange program shall be continued during the period of time they participate in the exchange program, and such personnel shall be deemed to have no break in creditable or continuous state service or employment during the period of time in which they participate in the exchange program. The salary and benefits of persons participating in the personnel exchange program who are employed by institutions, units of government, or private industry shall be paid by the originating employers of those participants. The duties and responsibilities of a person participating in the exchange program shall be the same as those of the person he or she replaces.

(r)  Each board of trustees is authorized to enter into contracts to provide a State Community College System Optional Retirement Program pursuant to s. 240.3195 and to enter into consortia with other boards of trustees for this purpose.

(s)  Each board of trustees has responsibility for: ensuring that students have access to general education courses as identified in rule; requiring no more than 60 semester hours of degree program coursework, including 36 semester hours of general education coursework, for an associate in arts degree; notifying students that earned hours in excess of 60 semester hours may not be accepted by state universities; notifying students of unique program prerequisites identified pursuant to s. 240.209(5)(f); and ensuring that degree program coursework beyond general education coursework is consistent with degree program prerequisite requirements adopted pursuant to s. 229.551(1)(f)5.

¹(t)  Each board of trustees is authorized to borrow funds and incur debt, including entering into lease-purchase agreements and the issuance of revenue bonds as specifically authorized and only for the purposes authorized in ss. 239.117(15) and (16) and 240.35(14) and (15). At the option of the board of trustees, bonds may be issued which are secured by a combination of revenues authorized to be pledged to bonds pursuant to ss. 239.117(15) and 240.35(14) or ss. 239.117(16) and 240.35(15). Lease-purchase agreements may be secured by a combination of revenues as specifically authorized pursuant to ss. 239.117(18) and 240.35(16).

(u)  Each board of trustees may adopt rules, procedures, and policies related to compliance with federal laws, regulations, and requirements.

(v)  Each board of trustees may adopt rules, procedures, and policies related to institutional governance, administration, and management in order to promote orderly and efficient operation, including, but not limited to, financial management, budget management, physical plant management, and property management.

(w)  Each board of trustees may adopt rules, procedures, and policies related to data or technology, including but not limited to, information systems, communications systems, computer hardware and software, and networks.

(x)  Each board of trustees may adopt rules, procedures, and policies related to the use, maintenance, protection, and control of buildings and grounds, property, or equipment.

History.--s. 2, ch. 19159, 1939; s. 48, ch. 23726, 1947; s. 1, ch. 29637, 1955; s. 5, ch. 57-252; s. 37, ch. 65-239; s. 8, ch. 68-5; ss. 15, 35, ch. 69-106; s. 1, ch. 69-123; s. 1, ch. 71-220; s. 1, ch. 72-102; ss. 59, 70, ch. 72-221; s. 2, ch. 74-312; s. 1, ch. 77-59; s. 1, ch. 79-140; s. 2, ch. 79-150; ss. 1, 2, ch. 79-286; s. 50, ch. 79-222; ss. 18, 19, ch. 81-193; s. 42, ch. 81-223; s. 154, ch. 81-259; s. 6, ch. 82-180; s. 38, ch. 82-241; s. 111, ch. 83-217; s. 14, ch. 83-325; s. 21, ch. 83-326; s. 43, ch. 86-156; s. 1, ch. 88-359; s. 9, ch. 90-302; s. 1, ch. 91-159; s. 6, ch. 95-143; s. 48, ch. 95-148; s. 8, ch. 95-243; s. 18, ch. 95-392; s. 12, ch. 97-246; s. 2, ch. 97-383; s. 37, ch. 98-200; s. 1, ch. 98-208; s. 2, ch. 98-300; s. 13, ch. 99-13; s. 4, ch. 99-249.

¹Note.--Section 6, ch. 99-249, provides that "[b]y December 31, 1999, and annually thereafter, the State Board of Community Colleges shall report on the implementation of this act to the Speaker of the House of Representatives and the President of the Senate."

Note.--Former ss. 242.42, 230.47, 230.0103, 230.754.

240.3191  Community college student handbooks.--

(1)  Each community college shall compile and update annually a student handbook that includes, but is not limited to, a comprehensive calendar that emphasizes important dates and deadlines, student rights and responsibilities, appeals processes available to students, and a roster of contact persons within the administrative staff available to respond to student inquiries.

(2)  Each student handbook shall list the legal and community college specific sanctions that will be imposed upon students who violate the law or community college policies regarding controlled substances and alcoholic beverages.

(3)  Each student handbook shall provide information related to acquired immune deficiency syndrome (AIDS) education or identify sites from which AIDS education information may be obtained.

History.--s. 19, ch. 88-380.

240.3192  Community colleges; HIV and AIDS policy.--Each community college shall develop a comprehensive policy that addresses the provision of instruction, information, and activities regarding human immunodeficiency virus infection and acquired immune deficiency syndrome. Such instruction, information, or activities shall emphasize the known modes of transmission of human immunodeficiency virus infection and acquired immune deficiency syndrome, signs and symptoms, associated risk factors, appropriate behavior and attitude change, and means used to control the spread of human immunodeficiency virus infection and acquired immune deficiency syndrome.

History.--s. 20, ch. 88-380.

240.3193  Community college student ombudsman office.--

(1)  There is created at each community college a student ombudsman office, which is accountable to the president.

(2)  Each community college must have an established procedure by which a student may appeal to the office of the ombudsman a decision that is related to the student's access to courses and credit granted toward the degree. Detailed information concerning this procedure must be included in the community college catalog.

(3)  Each community college shall develop minimum standards for the role of ombudsman or student advocate. The standards shall address the issue of notification of students of opportunities for assistance or appeal.

History.--s. 22, ch. 95-243.

240.3195  State Community College System Optional Retirement Program.--Each community college may implement an optional retirement program, if such program is established therefor pursuant to s. 240.319(4)(r), under which annuity contracts providing retirement and death benefits may be purchased by, and on behalf of, eligible employees who participate in the program. Except as otherwise provided herein, this retirement program, which shall be known as the State Community College System Optional Retirement Program, may be implemented and administered only by an individual community college or by a consortium of community colleges.

(1)  As used in this section, the term:

(a)  "Activation" means the date upon which an optional retirement program is first made available by the program administrator to eligible employees.

(b)  "College" means public community colleges that are members of the Florida Community College System.

(c)  "Department" means the Department of Management Services.

(d)  "Program administrator" means the individual college or consortium of colleges responsible for implementing and administering an optional retirement program.

(e)  "Program participant" means an eligible employee who has elected to participate in an available optional retirement program as authorized by this section.

(2)  Participation in the optional retirement program provided by this section is limited to employees who satisfy the criteria set forth in s. 121.051(2)(c).

(3)(a)  With respect to any employee who is eligible to participate in the optional retirement program by reason of qualifying employment commencing before the program's activation:

1.  The employee may elect to participate in the optional retirement program in lieu of participation in the Florida Retirement System. To become a program participant, the employee must file with the personnel officer of the college, within 60 days after the program's activation, both a written election on a form provided by the department and a completed application for an individual contract or certificate.

2.  An employee's participation in the optional retirement program commences on the first day of the next full calendar month following the filing of the election and completed application with the program administrator and receipt of such election by the department. An employee's membership in the Florida Retirement System terminates on this same date.

3.  Any such employee who fails to make an election to participate in the optional retirement program within 60 days after its activation has elected to retain membership in the Florida Retirement System.

(b)  With respect to any employee who becomes eligible to participate in an optional retirement program by reason of qualifying employment commencing on or after the program's activation:

1.  The employee may elect to participate in the optional retirement program in lieu of participation in the Florida Retirement System. To become a program participant, the employee must file with the personnel officer of the college, within 60 days after commencing qualifying employment, both a written election on a form provided by the department and a completed application for an individual contract or certificate.

2.  An employee's participation in the optional retirement program commences on the first day of the next full calendar month following the filing of the election and completed application with the program administrator and receipt of such election by the department. An employee's membership in the Florida Retirement System terminates on this same date.

3.  If the employee makes an election to participate in the optional retirement program before the community college submits its initial payroll for the employee, participation in the optional retirement program commences on the first date of employment.

4.  Any such employee who fails to make an election to participate in the optional retirement program within 60 days after commencing qualifying employment has elected to retain membership in the Florida Retirement System.

(c)  Any employee who, on or after an optional retirement program's activation, becomes eligible to participate in the program by reason of a change in status due to the subsequent designation of the employee's position as one of those referenced in subsection (2), or due to the employee's appointment, promotion, transfer, or reclassification to a position referenced in subsection (2), must be notified by the community college of the employee's eligibility to participate in the optional retirement program in lieu of participation in the Florida Retirement System. These eligible employees are subject to the provisions of paragraph (b) and may elect to participate in the optional retirement program in the same manner as those employees described in paragraph (b), except that the 60-day election period commences upon the date notice of eligibility is received by the employee.

(d)  Program participants must be fully and immediately vested in the optional retirement program.

(e)  The election by an eligible employee to participate in the optional retirement program is irrevocable for so long as the employee continues to meet the eligibility requirements set forth in this section and in s. 121.051(2)(c), except as provided in paragraph (i).

(f)  If a program participant becomes ineligible to continue participating in the optional retirement program pursuant to the criteria referenced in subsection (2), the employee becomes a member of the Florida Retirement System if eligible. The college must notify the department of an employee's change in eligibility status within 30 days after the event that makes the employee ineligible to continue participation in the optional retirement program.

(g)  An eligible employee who is a member of the Florida Retirement System at the time of election to participate in the optional retirement program retains all retirement service credit earned under the Florida Retirement System at the rate earned. Additional service credit in the Florida Retirement System may not be earned while the employee participates in the optional retirement program, nor is the employee eligible for disability retirement under the Florida Retirement System.

(h)  A program participant may not simultaneously participate in any other state-administered retirement system, plan, or class.

(i)  Except as provided in s. 121.052(6)(d), a program participant who is or who becomes dually employed in two or more positions covered by the Florida Retirement System, one of which is eligible for an optional retirement program pursuant to this section and one of which is not, is subject to the dual employment provisions of chapter 121.

(4)(a)  Each college must contribute on behalf of each program participant an amount equal to the normal cost portion of the employer retirement contribution which would be required if the program participant were a member of the Regular Class of the Florida Retirement System as provided in s. 121.071, plus the portion of the contribution rate required in s. 112.363(8) that would otherwise be assigned to the Retiree Health Insurance Subsidy Trust Fund, and less an amount approved by the community college to provide for the administration of the optional retirement program. Payment of this contribution must be made either directly by the community college or through the program administrator to the designated company contracting for payment of benefits to the program participant.

(b)  Each community college must contribute on behalf of each program participant an amount equal to the unfunded actuarial accrued liability portion of the employer contribution which would be required if the program participant were a member of the Regular Class of the Florida Retirement System. Payment of this contribution must be made directly by the college to the department for deposit in the Florida Retirement System Trust Fund.

(c)  Each program participant who has executed an annuity contract may contribute by way of salary reduction or deduction a percentage of the program participant's gross compensation, but this percentage may not exceed the corresponding percentage contributed by the community college to the optional retirement program. Payment of this contribution may be made either directly by the college or through the program administrator to the designated company contracting for payment of benefits to the program participant.

(d)  Contributions to an optional retirement program by a college or a program participant are in addition to, and have no effect upon, contributions required now or in future by the federal Social Security Act.

(5)(a)  The benefits to be provided to program participants must be provided through individual contracts or group annuity contracts, which may be fixed, variable, or both. Each individual contract or certificate must state the type of annuity contract on its face page, and must include at least a statement of ownership, the contract benefits, annuity income options, limitations, expense charges, and surrender charges, if any.

(b)  Benefits are payable under the optional retirement program to program participants or their beneficiaries, and the benefits must be paid only by the designated company in accordance with the terms of the annuity contracts applicable to the program participant, provided that benefits funded by employer contributions are payable only as a lifetime annuity to the program participant, except for:

1.  A lump-sum payment to the program participant's beneficiary or estate upon the death of the program participant; or

2.  A cash-out of a de minimis account upon the request of a former program participant who has been terminated for a minimum of 6 months from the employment that caused the participant to be eligible for participation. A de minimis account is an account with a designated company containing employer contributions and accumulated earnings of not more than $3,500. The cash-out must be a complete liquidation of the account balance with that designated company and is subject to the provisions of the Internal Revenue Code.

(c)  The benefits payable to any person under the optional retirement program, and any contribution accumulated under the program, are not subject to assignment, execution, attachment, or to any legal process whatsoever.

(6)(a)  The optional retirement program authorized by this section must be implemented and administered by the program administrator under s. 403(b) of the Internal Revenue Code. The program administrator has the express authority to contract with a third party to fulfill any of the program administrator's duties.

(b)  The program administrator shall solicit competitive bids or issue a request for proposal and select no more than four companies from which annuity contracts may be purchased under the optional retirement program. In making these selections, the program administrator shall consider the following factors:

1.  The financial soundness of the company.

2.  The extent of the company's experience in providing annuity contracts to fund retirement programs.

3.  The nature and extent of the rights and benefits provided to program participants in relation to the premiums paid.

4.  The suitability of the rights and benefits provided to the needs of eligible employees and the interests of the college in the recruitment and retention of employees.

In lieu of soliciting competitive bids or issuing a request for proposals, the program administrator may authorize the purchase of annuity contracts under the optional retirement program from those companies currently selected by the department to offer such contracts through the State University System Optional Retirement Program, as set forth in s. 121.35.

(c)  Optional retirement program annuity contracts must be approved in form and content by the program administrator in order to qualify. The program administrator may use the same annuity contracts currently used within the State University System Optional Retirement Program, as set forth in s. 121.35.

(d)  The provision of each annuity contract applicable to a program participant must be contained in a written program description that includes a report of pertinent financial and actuarial information on the solvency and actuarial soundness of the program and the benefits applicable to the program participant. The company must furnish the description annually to the program administrator, and to each program participant upon commencement of participation in the program and annually thereafter.

(e)  The program administrator must ensure that each program participant is provided annually with an accounting of the total contributions and the annual contributions made by and on the behalf of the program participant.

History.--s. 19, ch. 95-392; s. 14, ch. 99-13; s. 88, ch. 99-255.

240.32  Community college program approval.--The policy of the state with respect to the approval of new programs at public community colleges is that:

(1)  New programs may not be approved unless the same objectives cannot be met through use of educational technology.

(2)  Unnecessary duplication of programs offered by independent institutions shall be avoided.

(3)  Cooperative programs, particularly within regions, should be encouraged.

(4)  New programs may be approved only if they are consistent with the state master plan adopted by the State Board of Education.

History.--s. 15, ch. 83-325.

240.321  Community college district board of trustees; rules for admissions of students.--The board of trustees shall make rules governing admissions of students. These rules shall include the following:

(1)  Admissions counseling shall be provided to all students entering college credit programs, which counseling shall utilize tests to measure achievement of college-level communication and computation competencies by all students entering college credit programs.

(2)  Admission to associate degree programs is subject to minimum standards adopted by the State Board of Education and shall require:

(a)  A standard high school diploma, a high school equivalency diploma as prescribed in s. 229.814, previously demonstrated competency in college credit postsecondary coursework, or, in the case of a student who is home educated, a signed affidavit submitted by the student's parent or legal guardian attesting that the student has completed a home education program pursuant to the requirements of s. 232.0201. Students who are enrolled in a dual enrollment or early admission program pursuant to s. 240.116 and secondary students enrolled in college-level instruction creditable toward the associate degree, but not toward the high school diploma, shall be exempt from this requirement.

(b)  A demonstrated level of achievement of college-level communication and computation skills. Students entering a postsecondary education program within 2 years of graduation from high school with an earned college-ready diploma issued pursuant to s. 232.2466 shall be exempt from this testing requirement.

(c)  Any other requirements established by the board of trustees.

(3)  Admission to other programs within the community college shall include education requirements as established by the board of trustees.

Each board of trustees shall establish policies that notify students about, and place students into, adult basic education, adult secondary education, or other instructional programs that provide students with alternatives to traditional college-preparatory instruction, including private provider instruction. Such notification shall include a written listing or a prominent display of information on alternative remedial options that must be available to each student who scores below college level in any area on the common placement test. The list or display shall include, but is not limited to, options provided by the community college, adult education programs, and programs provided by private sector providers. The college shall not endorse, recommend, evaluate, or rank any of the providers. The list of providers or the display materials shall include all those providers that request to be included. The written list must provide students with specific contact information and disclose the full costs of the course tuition, laboratory fees, and instructional materials of each option listed. A student who elects a private provider for remedial instruction is entitled to enroll in up to 12 credits of college-level courses in skill areas other than those for which the student is being remediated. A student is prohibited from enrolling in additional college-level courses until the student scores above the cut-score on all sections of the common placement test.

History.--s. 51, ch. 79-222; s. 16, ch. 83-325; s. 22, ch. 83-326; s. 12, ch. 87-212; s. 30, ch. 89-381; s. 4, ch. 93-234; s. 49, ch. 95-148; s. 13, ch. 97-246; s. 9, ch. 98-272; s. 8, ch. 98-421.

240.3215  Community college district board of trustees; degrees and certificates; tests for certain skills.--

(1)  Each board of trustees shall adopt rules establishing student performance standards for the award of degrees and certificates.

(2)  Each board of trustees shall require the use of scores on tests for college-level communication and computation skills provided in s. 229.551 as a condition for graduation with an associate in arts degree.

History.--s. 23, ch. 83-326; s. 5, ch. 97-100.

240.323  Student records.--Rules of the State Board of Community Colleges may prescribe the content and custody of records and reports which a community college may maintain on its students. Such records are confidential and exempt from s. 119.07(1) and are open to inspection only as provided in s. 228.093.

History.--s. 13, ch. 73-338; s. 3, ch. 77-60; s. 60, ch. 79-222; s. 32, ch. 84-336; s. 4, ch. 86-65; s. 10, ch. 86-145; s. 1, ch. 88-9; s. 76, ch. 90-360; s. 97, ch. 96-406.

Note.--Former s. 230.7681.

240.324  Community college accountability process.--

(1)  It is the intent of the Legislature that a management and accountability process be implemented which provides for the systematic, ongoing improvement and assessment of the improvement of the quality and efficiency of the Florida Community College System. Accordingly, the State Board of Community Colleges and the community college boards of trustees shall develop and implement an accountability plan to improve and evaluate the instructional and administrative efficiency and effectiveness of the Florida Community College System. This plan shall be designed in consultation with staff of the Governor and the Legislature and must address the following issues:

(a)  Graduation rates of A.A. and A.S. degree-seeking students compared to first-time-enrolled students seeking the associate degree.

(b)  Minority student enrollment and retention rates.

(c)  Student performance, including student performance in college-level academic skills, mean grade point averages for community college A.A. transfer students, and community college student performance on state licensure examinations.

(d)  Job placement rates of community college vocational students.

(e)  Student progression by admission status and program.

(f)  Vocational accountability standards identified in s. 239.229.

(g)  Institutional assessment efforts related to the requirements of s. III in the Criteria for Accreditation of the Commission on Colleges of the Southern Association of Colleges and Schools.

(h)  Other measures as identified by the Postsecondary Education Planning Commission and approved by the State Board of Community Colleges.

(2)  Beginning September 1, 1998, the State Board of Community Colleges shall submit an annual report, to coincide with the submission of the agency strategic plan required by law, providing the results of initiatives taken during the prior year and the initiatives and related objective performance measures proposed for the next year.

(3)  The State Board of Community Colleges shall address within the annual evaluation of the performance of the executive director, and the boards of trustees shall address within the annual evaluation of the presidents, the achievement of the performance goals established by the accountability process.

History.--s. 12, ch. 91-55; s. 53, ch. 92-136; s. 7, ch. 95-411; s. 3, ch. 98-99; s. 9, ch. 98-421; s. 15, ch. 99-13.

240.325  Minimum standards, definitions, and guidelines for community colleges.--The State Board of Education shall prescribe minimum standards, definitions, and guidelines for community colleges which will assure the quality of education, systemwide coordination, and efficient progress toward attainment of the community college mission. At a minimum, these rules must address:

(1)  Personnel.

(2)  Contracting.

(3)  Program offerings and classification including college-level communication and computation skills associated with successful performance in college, with tests and other assessment procedures which measure student achievement of those skills. The performance measures shall provide that students moving from one level of education to the next acquire the necessary competencies for that level.

(4)  Provisions for curriculum development, graduation requirements, college calendars, and program service areas. These provisions shall include rules that:

(a)  Provide for the award of an associate in arts degree to a student who successfully completes 60 semester credit hours at the community college.

(b)  Require all of the credits accepted for the associate in arts degree to be in the common course numbering and designation system as credits toward a baccalaureate degree offered by a university in the State University System.

(c)  Require no more than 36 semester credit hours in general education courses in the subject areas of communication, mathematics, social sciences, humanities, and natural sciences.

The rules should encourage community colleges to enter into agreements with universities which allow community college students to complete upper-division-level courses at a community college. An agreement may provide for concurrent enrollment at the community college and the university, authority for the community college to offer an upper-division-level course, or distance learning.

(5)  Student admissions, conduct and discipline, nonclassroom activities, and fees.

(6)  Budgeting.

(7)  Business and financial matters.

(8)  Student services.

(9)  Reports, surveys, and information systems, including forms and dates of submission.

History.--s. 2, ch. 19159, 1939; s. 48, ch. 23726, 1947; s. 1, ch. 29637, 1955; s. 5, ch. 57-252; s. 38, ch. 65-239; s. 70, ch. 72-221; s. 52, ch. 79-222; s. 3, ch. 79-286; s. 7, ch. 83-326; s. 9, ch. 95-243.

Note.--Former ss. 242.42, 230.47, 230.0104, 230.755.

240.326  Hazing prohibited at community colleges.--

(1)  As used in this section, "hazing" means any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student for the purpose of initiation or admission into or affiliation with any organization operating under the sanction of a community college, which organization is hereinafter referred to as a "community college organization." Such term includes, but is not limited to, any brutality of a physical nature, such as whipping; beating; branding; forced calisthenics; exposure to the elements; forced consumption of any food, liquor, drug, or other substance; or other forced physical activity which could adversely affect the physical health or safety of the individual, and also includes any activity which would subject the individual to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct which could result in extreme embarrassment, or other forced activity which could adversely affect the mental health or dignity of the individual. For the purposes of this section, any activity as described above upon which the initiation or admission into or affiliation with a community college organization is directly or indirectly conditioned shall be presumed to be a "forced" activity, the willingness of an individual to participate in such activity notwithstanding.

(2)  Each community college shall adopt a written antihazing policy and, pursuant to such policy, shall adopt rules prohibiting students or other persons associated with any community college organization from engaging in any activity which can be described as hazing.

(a)  Each community college shall provide a program for the enforcement of such rules and shall adopt appropriate penalties for violations of such rules, to be administered by the person or agency at the community college responsible for the sanctioning of such community college organizations.

1.  Such penalties may include the imposition of fines; the withholding of diplomas or transcripts pending compliance with the rules or pending payment of fines; and the imposition of probation, suspension, or dismissal.

2.  In the case of a community college organization which authorizes hazing in blatant disregard of such rules, penalties may also include rescission of permission for that organization to operate on campus property or to otherwise operate under the sanction of the community college.

3.  All penalties imposed under the authority of this subsection shall be in addition to any penalty imposed for violation of any of the criminal laws of this state or for violation of any other community college rule to which the violator may be subject.

(b)  Rules adopted pursuant hereto shall apply to acts conducted on or off campus whenever such acts are deemed to constitute hazing.

(3)(a)  A copy of the community college antihazing policy, including the rules promulgated pursuant thereto and the penalties which may be imposed for violation of such rules, shall be submitted by each community college to the State Board of Education for its approval no later than September 1, 1981.

(b)  The State Board of Education shall review the policy, rules, and penalties of each community college and shall, without delay, either approve them or notify the community college as to the reasons for the state board's disapproval. In evaluating the policy, rules, and penalties submitted by each community college, the state board shall endeavor to ensure that the overall antihazing policy of the community colleges in this state is fair and relatively uniform so that there will not be a great disparity in policy, rules, or penalties from college to college.

(4)  Upon approval by the State Board of Education of the antihazing policy of a community college and of the rules and penalties adopted pursuant thereto, the community college shall provide a copy of such policy, rules, and penalties to each student enrolled in that community college and shall require the inclusion of such policy, rules, and penalties in the bylaws of every organization operating under the sanction of the community college.

(5)  Any amendments to such approved policy, rules, or penalties shall be submitted, within 10 days after the adoption of such amendments, to the State Board of Education for its approval.

History.--s. 4, ch. 81-263.

240.327  Planning and construction of community college facilities; property acquisition.--

(1)  The need for community college facilities shall be established by a survey conducted pursuant to chapter 235; the facilities recommended by such survey must be approved by the State Board of Education; and the projects must be constructed according to the provisions of chapter 235 and State Board of Education rules.

(2)  No community college may expend public funds for the acquisition of additional property without the specific approval of the Legislature.

(3)  No facility may be acquired or constructed by a community college or its direct-support organization if such facility requires general revenue funds for operation or maintenance upon project completion or in subsequent years of operation, unless prior approval is received from the Legislature.

History.--s. 2, ch. 29638, 1955; s. 137, ch. 65-239; ss. 15, 35, ch. 69-106; s. 70, ch. 72-221; s. 25, ch. 77-458; s. 53, ch. 79-222; s. 43, ch. 81-223; s. 24, ch. 83-326; s. 31, ch. 90-302.

Note.--Former ss. 236.073, 230.0105, 230.756.

240.331  Community college direct-support organizations.--

(1)  DEFINITIONS.--For the purposes of this section:

(a)  "Community college direct-support organization" means an organization that is:

1.  A Florida corporation not for profit, incorporated under the provisions of chapter 617 and approved by the Department of State.

2.  Organized and operated exclusively to receive, hold, invest, and administer property and to make expenditures to, or for the benefit of, a community college in this state.

3.  An organization that the board of trustees, after review, has certified to be operating in a manner consistent with the goals of the community college and in the best interest of the state. Any organization that is denied certification by the board of trustees may not use the name of the community college that it serves.

(b)  "Personal services" includes full-time or part-time personnel as well as payroll processing.

(2)  BOARD OF DIRECTORS.--The chair of the board of trustees shall appoint a representative to the board of directors and the executive committee of each direct-support organization established under this section, including those established before July 1, 1998. The president of the community college for which the direct-support organization is established, or the president's designee, shall also serve on the board of directors and the executive committee of the direct-support organization, including any direct-support organization established before July 1, 1998.

(3)  USE OF PROPERTY.--

(a)  The board of trustees is authorized to permit the use of property, facilities, and personal services at any state community college by any community college direct-support organization, subject to the provisions of this section.

(b)  The board of trustees is authorized to prescribe by rule any condition with which a community college direct-support organization must comply in order to use property, facilities, or personal services at any state community college.

(c)  The board of trustees may not permit the use of property, facilities, or personal services at any state community college by any community college direct-support organization that does not provide equal employment opportunities to all persons regardless of race, color, national origin, sex, age, or religion.

(4)  ACTIVITIES; RESTRICTIONS.--

(a)  A direct-support organization may, at the request of the district board of trustees, provide residency opportunities on or near campus for students.

(b)  A direct-support organization that constructs facilities for use by a community college or its students must comply with all requirements of this chapter relating to the construction of facilities by a community college, including requirements for competitive bidding.

(c)  Any transaction or agreement between one direct-support organization and another direct-support organization or between a direct-support organization and a center of technology innovation designated under s. 240.3335 must be approved by the district board of trustees.

(5)  ANNUAL BUDGETS AND REPORTS.--Each direct-support organization shall submit to the board of trustees its federal Internal Revenue Service Application for Recognition of Exemption form (Form 1023) and its federal Internal Revenue Service Return of Organization Exempt from Income Tax form (Form 990).

(6)  ANNUAL AUDIT.--Each direct-support organization shall make provisions for an annual postaudit of its financial accounts to be conducted by an independent certified public accountant in accordance with rules to be promulgated by the district board of trustees. The annual audit report must be submitted to the Auditor General, the State Board of Community Colleges, and the board of trustees for review. The board of trustees and the Auditor General may require and receive from the organization or from its independent auditor any detail or supplemental data relative to the operation of the organization. The identity of donors who desire to remain anonymous shall be protected, and that anonymity shall be maintained in the auditor's report. All records of the organization, other than the auditor's report, any information necessary for the auditor's report, any information related to the expenditure of funds, and any supplemental data requested by the board of trustees and the Auditor General, shall be confidential and exempt from the provisions of s. 119.07(1).

History.--s. 9, ch. 75-302; s. 53, ch. 79-222; s. 33, ch. 84-336; s. 68, ch. 87-224; s. 1, ch. 88-152; s. 32, ch. 90-302; s. 77, ch. 90-360; s. 11, ch. 95-392; s. 98, ch. 96-406; s. 4, ch. 98-99; s. 16, ch. 99-13.

Note.--Former s. 230.7566.

240.3315  Statewide community college direct-support organizations.--

(1)  DEFINITIONS.--For the purposes of this section:

(a)  "Statewide community college direct-support organization" means an organization that is:

1.  A Florida corporation not for profit, incorporated under the provisions of chapter 617 and approved by the Department of State.

2.  Organized and operated exclusively to receive, hold, invest, and administer property and to make expenditures to, or for the benefit of, the Community College System in this state.

3.  An organization that the State Board of Community Colleges, after review, has certified to be operating in a manner consistent with the goals of the Community College System and in the best interest of the state. Any organization that is denied certification by the State Board of Community Colleges may not use the name of any community college.

(b)  "Personal services" includes full-time or part-time personnel as well as payroll processing.

(2)  BOARD OF DIRECTORS.--The chair of the State Board of Community Colleges may appoint a representative to the board of directors and the executive committee of any statewide, direct-support organization established under this section or s. 240.331. The chair of the State Board of Community Colleges, or the chair's designee, shall also serve on the board of directors and the executive committee of any direct-support organization established to benefit the Florida Community College System.

(3)  USE OF PROPERTY.--

(a)  The State Board of Community Colleges may permit the use of property, facilities, and personal services of the Division of Community Colleges by any statewide community college direct-support organization, subject to the provisions of this section.

(b)  The State Board of Community Colleges may prescribe by rule any condition with which a statewide community college direct-support organization must comply in order to use property, facilities, or personal services of the Division of Community Colleges.

(c)  The State Board of Community Colleges may not permit the use of property, facilities, or personal services of the Division of Community Colleges by any statewide community college direct-support organization that does not provide equal employment opportunities to all persons regardless of race, color, national origin, sex, age, or religion.

(4)  RESTRICTIONS.--

(a)  A statewide, direct-support organization may not use public funds to acquire, construct, maintain, or operate any facilities.

(b)  Any transaction or agreement between a statewide, direct-support organization and any other direct-support organization or between a statewide, direct-support organization and a center of technology innovation designated under s. 240.3335 must be approved by the State Board of Community Colleges.

(5)  ANNUAL BUDGETS AND REPORTS.--Each direct-support organization shall submit to the State Board of Community Colleges its federal Internal Revenue Service Application for Recognition of Exemption form (Form 1023) and its federal Internal Revenue Service Return of Organization Exempt from Income Tax form (Form 990).

(6)  ANNUAL AUDIT.--A statewide community college direct-support organization shall make provisions for an annual postaudit of its financial accounts to be conducted by an independent certified public accountant in accordance with rules to be adopted by the State Board of Community Colleges. The annual audit report shall be submitted to the Auditor General and the State Board of Community Colleges for review. The State Board of Community Colleges and the Auditor General shall have the authority to require and receive from the organization or from its independent auditor any detail or supplemental data relative to the operation of the organization. The identity of a donor or prospective donor who desires to remain anonymous and all information identifying such donor or prospective donor are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such anonymity shall be maintained in the auditor's report.

History.--s. 33, ch. 89-381; s. 78, ch. 90-360; s. 1, ch. 95-130; s. 99, ch. 96-406; s. 5, ch. 98-99; s. 17, ch. 99-13.

240.333  Purchase of land by municipality.--Any municipality wherein a community college (as defined by s. 228.041(1)) is situated is authorized and empowered to purchase land with municipal funds and to donate and convey such land or any other land to the school board of the district wherein such municipality is located for the use of any such community college.

History.--s. 1, ch. 57-736; s. 8, ch. 65-239; s. 1, ch. 69-300; s. 70, ch. 72-221; s. 53, ch. 79-222.

Note.--Former ss. 228.161, 230.0107, 230.757.

240.3335  Centers of technology innovation.--

(1)  The State Board of Community Colleges may designate centers of technology innovation at single community colleges, consortia of community colleges, or consortia of community colleges with other educational institutions. The state board shall adopt rules necessary to implement the provisions of this section. The State Board of Community Colleges shall cooperate with the Jobs and Partnership of Enterprise Florida in the designation of the centers as it relates to the centers of applied technology.

(2)  Centers shall be designated when a community college or consortia provides evidence that it has developed expertise in one or more specialized technologies. To be designated, the community college or consortia must provide benefits to the community college system and the state, which may include, but are not limited to:

(a)  Curriculum development.

(b)  Faculty development.

(c)  Research, testing, and technology transfer.

(d)  Instructional equipment and materials identification and development.

(e)  Partnerships with industries dependent upon staying current in the related technologies and in the development of workforce capabilities.

(f)  Partnerships with industries needing to convert their existing technology base to other technologies in order to continue conducting business in Florida, including converting defense-related technologies to other technologies.

(3)  Centers may provide services to their service area and receive funding through:

(a)  Serving as a technology transfer center, as created in s. 240.334.

(b)  Serving as an incubator facility for small business concerns, as created in s. 240.3341.

(c)  Serving as an economic development center, as created in s. 240.3575.

(4)  Centers may provide instruction, as follows:

(a)  To students enrolled in the community college, especially for purposes of providing training for technicians in areas that support the employers involved in the technology specialization.

(b)  To students enrolled at the undergraduate and graduate level in a college or university which is a member of the designated consortia. Such enrollment shall be funded by the enrolling institution.

(c)  To employees in the service area needing training and retraining in the technology of specialization, which may include, but is not limited to, the retraining necessary to convert defense-related technologies to other technologies.

(d)  To secondary school students and teachers where such instruction will stimulate interest in further education.

(5)  The State Board of Community Colleges shall give priority in the designation of centers to those community colleges that specialize in technology in environmental areas and in areas related to target industries of the ¹Department of Commerce or Enterprise Florida. Priority in designation shall also be given to community colleges that develop new and improved manufacturing techniques and related business practices.

(6)  Centers, including the facilities of the center, may be made available to the public agencies of the state, the counties and cities of the service area, and the employers of the state and service area. Centers may also be used for applied research in the area of specialization.

(7)  Each center shall have a board of directors with at least five members who shall be appointed by the district board of trustees. The board of directors is responsible for overseeing the operation of the center, approval of the annual budget, and setting policy to guide the director in the operation of the center. The board of directors shall consist of at least the following:

(a)  The director of the center.

(b)  The vice president of academic affairs, or the equivalent, of the community college.

(c)  The vice president of business affairs, or the equivalent, of the community college.

(d)  Two members designated by the president of the community college.

(8)  Each center shall establish a schedule of fees or rates to be charged to all who use the facilities of the center. In addition, each center may negotiate user contracts with governmental users, industrial users, researchers, public or private educational institutions, or individuals for use of the facilities. It is the intent of the Legislature that the centers of technology innovation established pursuant to this act shall not seek any additional state funding. Centers may solicit and accept grants and donations, including, but not limited to, federal and state grants to assist companies in converting defense-related technologies to other technologies.

(9)  The state board may award grants to designated centers for the purposes of this section. Grants awarded shall be in accordance with rules established by the State Board of Community Colleges, which rules shall require an annual report.

History.--s. 39, ch. 94-230; s. 6, ch. 98-99.

¹Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.

240.334  Technology transfer centers at community colleges.--

(1)  Each public community college may establish a technology transfer center for the purpose of providing institutional support to local business and industry and governmental agencies in the application of new research in technology. The primary responsibilities of such centers may include: identifying technology research developed by universities, research institutions, businesses, industries, the United States Armed Forces, and other state or federal governmental agencies; determining and demonstrating the application of technologies; training workers to integrate advanced equipment and production processes; and determining for business and industry the feasibility and efficiency of accommodating advanced technologies.

(2)  The board of trustees shall set such policies to regulate the activities of the technology transfer center as it may consider necessary to effectuate the purposes of this act and to administer the programs of the center in a manner which assures efficiency and effectiveness, producing the maximum benefit for the educational programs and maximum service to the state. To this end, materials that relate to methods of manufacture or production, potential trade secrets, potentially patentable material, actual trade secrets, business transactions, or proprietary information received, generated, ascertained, or discovered during the course of activities conducted within the community colleges shall be confidential and exempt from the provisions of s. 119.07(1), except that a community college shall make available upon request the title and description of a project, the name of the investigator, and the amount and source of funding provided for such project.

(3)  A technology transfer center created under the provisions of this act shall be under the supervision of the board of trustees of that community college, which is authorized to appoint a director; to employ full-time and part-time staff, research personnel, and professional services; to employ on a part-time basis personnel of the community college; and to employ temporary employees whose salaries are paid entirely from the permanent technology transfer fund or from that fund in combination with other nonstate sources, with such positions being exempt from the requirements of the Florida Statutes relating to salaries, except that no such appointment shall be made for a total period of longer than 1 year.

(4)  The board of trustees of the community college in which a technology transfer center is created, or its designee, may negotiate, enter into, and execute contracts; solicit and accept grants and donations; and fix and collect fees, other payments, and donations that may accrue by reason thereof for technology transfer activities. The board or its designee may negotiate, enter into, and execute contracts on a cost-reimbursement basis and may provide temporary financing of such costs prior to reimbursement from moneys on deposit in the technology transfer fund, except as may be prohibited elsewhere by law.

¹(5)  A technology transfer center shall be financed from the Academic Improvement Trust Fund or from moneys of a community college which are on deposit or received for use in the activities conducted in the center. Such moneys shall be deposited by the community college in a permanent technology transfer fund in a depository or depositories approved for the deposit of state funds and shall be accounted for and disbursed subject to regular audit by the Auditor General.

(6)  The fund balance in any existing research trust fund of a community college at the time a technology transfer center is created shall be transferred to a permanent technology transfer fund established for the community college, and thereafter the fund balance of the technology transfer fund at the end of any fiscal period may be used during any succeeding period pursuant to this section.

(7)  Moneys deposited in the permanent technology transfer fund of a community college shall be disbursed in accordance with the terms of the contract, grant, or donation under which they are received. Moneys received for overhead or indirect costs and other moneys not required for the payment of direct costs shall be applied to the cost of operating the technology transfer center.

(8)  All purchases of a technology transfer center shall be made in accordance with the policies and procedures of the community college.

(9)  The board of trustees may authorize the construction, alteration, or remodeling of buildings when the funds used are derived entirely from the technology transfer fund of a community college or from that fund in combination with other nonstate sources, provided that such construction, alteration, or remodeling is for use exclusively by the center. It also may authorize the acquisition of real property when the cost is entirely from said funds. Title to all real property shall vest in the board of trustees.

(10)  The State Board of Community Colleges may award grants to community colleges, or consortia of public and private colleges and universities and other public and private entities, for the purpose of supporting the objectives of this section. Grants awarded pursuant to this subsection shall be in accordance with rules of the State Board of Community Colleges. Such rules shall include the following provisions:

(a)  The number of centers established with state funds provided expressly for the purpose of technology transfer shall be limited, but shall be geographically located to maximize public access to center resources and services;

(b)  Grants to centers funded with state revenues appropriated specifically for technology transfer activities shall be reviewed and approved by the State Board of Community Colleges using proposal solicitation, evaluation, and selection procedures established by the board in consultation with the ²Florida High Technology and Industry Council. Such procedures may include designation of specific areas or applications of technology as priorities for the receipt of funding; and

(c)  Priority for the receipt of state funds appropriated specifically for the purpose of technology transfer shall be given to grant proposals developed jointly by community colleges and public and private colleges and universities.

(11)  Each technology transfer center established under the provisions of this section shall establish a technology transfer center advisory committee. Each committee shall include representatives of a university or universities conducting research in the area of specialty of the center. Other members shall be determined by the community college board of trustees.

History.--s. 5, ch. 85-196; s. 1, ch. 88-314; s. 41, ch. 89-381; s. 79, ch. 90-360; s. 100, ch. 96-406; s. 12, ch. 99-243.

¹Note.--Section 12, ch. 99-243, amended subsection (5), effective July 1, 2000, to read:

(5)  A technology transfer center shall be financed from the Academic Improvement Program or from moneys of a community college which are on deposit or received for use in the activities conducted in the center. Such moneys shall be deposited by the community college in a permanent technology transfer fund in a depository or depositories approved for the deposit of state funds and shall be accounted for and disbursed subject to regular audit by the Auditor General.

²Note.--Abolished by s. 12(2), ch. 93-187.

240.3341  Incubator facilities for small business concerns.--

(1)  Each community college established pursuant to s. 240.3031 may provide incubator facilities to eligible small business concerns. As used in this section, "small business concern" shall be defined as an independently owned and operated business concern incorporated in Florida which is not an affiliate or a subsidiary of a business dominant in its field of operation, and which employs 25 or fewer full-time employees. "Incubator facility" shall be defined as a facility in which small business concerns share common space, equipment, and support personnel and through which such concerns have access to professional consultants for advice related to the technical and business aspects of conducting a commercial enterprise. The community college board of trustees shall authorize concerns for inclusion in the incubator facility.

(2)  Each community college that provides an incubator facility shall provide the following:

(a)  Management and maintenance of the incubator facility;

(b)  Secretarial and other support personnel, equipment, and utilities; and

(c)  Mechanisms to assist with the acquisition of technical, management, and entrepreneurial expertise to resident and other local small business concerns.

(3)(a)  The incubator facility and any improvements to the facility shall be owned by the community college. The community college may charge residents of the facility all or part of the cost for facilities, utilities, and support personnel and equipment. No small business concern shall reside in the incubator facility for more than 5 calendar years. The state shall not be liable for any act or failure to act of any small business concern residing in an incubator facility pursuant to this section or of any such concern benefiting from the incubator facilities program.

¹(b)  Notwithstanding any provision of paragraph (a) to the contrary, and for the 1999-2000 fiscal year only, the incubator facility may be leased by the community college. This paragraph is repealed on July 1, 2000.

(4)  Community colleges are encouraged to establish incubator facilities through which emerging small businesses supportive of spaceport endeavors and other high-technology enterprises may be served.

History.--ss. 57, 61, ch. 89-300; s. 8, ch. 90-192; ss. 46, 53, ch. 99-228.

¹Note.--Section 46, ch. 99-228, added paragraph (3)(b) "[i]n order to implement Specific Appropriation 154 of the 1999-2000 General Appropriations Act."

240.335  Employment of community college personnel; discrimination in granting salary prohibited.--

(1)(a)  Employment of all personnel in each community college shall be upon recommendation of the president, subject to rejection for cause by the board of trustees; to the rules and regulations of the State Board of Education relative to certification, tenure, leaves of absence of all types, including sabbaticals, remuneration, and such other conditions of employment as the State Board of Community Colleges deems necessary and proper; and to policies of the board of trustees not inconsistent with law.

(b)  Any internal auditor employed by a community college shall be hired by the board of trustees of the community college and shall report directly to the board.

(2)  Each board of trustees shall undertake a program to eradicate any discrimination on the basis of gender, race, or physical handicap in the granting of salaries to employees.

History.--s. 15, ch. 65-239; s. 10, ch. 68-5; ss. 15, 35, ch. 69-106; ss. 61, 70, ch. 72-221; s. 1, ch. 72-348; s. 53, ch. 79-222; s. 39, ch. 82-241; s. 25, ch. 83-326; s. 1, ch. 84-210; s. 37, ch. 84-336; s. 23, ch. 95-196; s. 12, ch. 95-392.

Note.--Former ss. 230.0109, 230.759.

240.3355  Community college system employment equity accountability program.--

(1)  Each community college shall include in its annual equity update a plan for increasing the representation of women and minorities in senior-level administrative positions and in full-time faculty positions, and for increasing the representation of women and minorities who have attained continuing-contract status. Positions shall be defined in the personnel data element directory of the Division of Community Colleges. The plan must include specific measurable goals and objectives, specific strategies and timelines for accomplishing these goals and objectives, and comparable national standards as provided by the Division of Community Colleges. The goals and objectives shall be based on meeting or exceeding comparable national standards and shall be reviewed and recommended by the State Board of Community Colleges as appropriate. Such plans shall be maintained until appropriate representation has been achieved and maintained for at least 3 consecutive reporting years.

(2)(a)  On or before May 1 of each year, each community college president shall submit an annual employment accountability plan to the Executive Director of the State Board of Community Colleges. The accountability plan must show faculty and administrator employment data according to requirements specified on the federal Equal Employment Opportunity (EE0-6) report.

(b)  The plan must show the following information for those positions including, but not limited to:

1.  Job classification title.

2.  Gender.

3.  Ethnicity.

4.  Appointment status.

5.  Salary information. At each community college, salary information shall also include the salary ranges in which new hires were employed compared to the salary ranges for employees with comparable experience and qualifications.

6.  Other comparative information including, but not limited to, composite information regarding the total number of positions within the particular job title classification for the community college by race, gender, and salary range compared to the number of new hires.

7.  A statement certifying diversity and balance in the gender and ethnic composition of the selection committee for each vacancy, including a brief description of guidelines used for ensuring balanced and diverse membership on selection and review committees.

(c)  The annual employment accountability plan shall also include an analysis and an assessment of the community college's attainment of annual goals and of long-range goals for increasing the number of women and minorities in faculty and senior-level administrative positions, and a corrective action plan for addressing underrepresentation.

(d)  Each community college's employment accountability plan must also include:

1.  The requirements for receiving a continuing contract.

2.  A brief description of the process used to grant continuing-contract status.

3.  A brief description of the process used to annually apprise each eligible faculty member of progress toward attainment of continuing-contract status.

(3)  Community college presidents and the heads of each major administrative division shall be evaluated annually on the progress made toward meeting the goals and objectives of the community college's employment accountability plan.

(a)  The community college presidents, or the presidents' designees, shall annually evaluate each department chairperson, dean, provost, and vice president in achieving the annual and long-term goals and objectives. A summary of the results of such evaluations shall be reported annually by the president of the community college to the board of trustees. Annual budget allocations by the board of trustees for positions and funding must take into consideration these evaluations.

(b)  Community college district boards of trustees shall annually evaluate the performance of the community college presidents in achieving the annual and long-term goals and objectives. A summary of the results of such evaluations shall be reported to the Executive Director of the State Board of Community Colleges as part of the community college's annual employment accountability plan, and to the Legislature and State Board of Education as part of the annual equity progress report submitted by the State Board of Community Colleges.

(4)  The State Board of Community Colleges shall submit an annual equity progress report to the President of the Senate, the Speaker of the House of Representatives, and the State Board of Education on or before January 1 of each year.

(5)  Each community college shall develop a budgetary incentive plan to support and ensure attainment of the goals developed pursuant to this section. The plan shall specify, at a minimum, how resources shall be allocated to support the achievement of goals and the implementation of strategies in a timely manner. After prior review and approval by the community college president and the State Board of Community Colleges, the plan shall be submitted as part of the annual employment accountability plan submitted by each community college to the State Board of Community Colleges.

(6)  Subject to available funding, the Legislature shall provide an annual appropriation to the State Board of Community Colleges to be allocated to community college presidents, faculty, and administrative personnel to further enhance equity initiatives and related priorities that support the mission of colleges and departments in recognition of the attainment of the equity goals and objectives.

History.--s. 28, ch. 92-321; s. 7, ch. 95-143; s. 19, ch. 98-65.

240.337  Records of personnel.--Rules of the State Board of Community Colleges shall prescribe the content and custody of limited-access records which a community college may maintain on its employees. Such records shall be limited to information reflecting evaluations of employee performance and shall be open to inspection only by the employee and by officials of the college who are responsible for supervision of the employee. Such limited access employee records are confidential and exempt from the provisions of s. 119.07(1). Except as required for use by the president in the discharge of his or her official responsibilities, the custodian of limited access employee records may release information from such records only upon authorization in writing from the employee or the president or upon order of a court of competent jurisdiction.

History.--s. 14, ch. 73-338; s. 1, ch. 78-3; s. 53, ch. 79-222; s. 34, ch. 84-336; s. 1, ch. 88-24; s. 80, ch. 90-360; s. 50, ch. 95-148; s. 101, ch. 96-406.

Note.--Former s. 230.7591.

240.339  Contracts with administrative and instructional staff.--Each person employed in an administrative or instructional capacity in a community college shall be entitled to a contract as provided by rules of the State Board of Community Colleges.

History.--s. 16, ch. 65-239; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 17, ch. 69-353; s. 3, ch. 70-198; ss. 62, 70, ch. 72-221; s. 2, ch. 72-348; s. 1, ch. 73-90; s. 53, ch. 79-222; s. 20, ch. 81-193; s. 26, ch. 83-326; s. 38, ch. 84-336.

Note.--Former ss. 230.0110, 230.760.

240.341  Teaching faculty; minimum teaching hours per week.--Each full-time member of the teaching faculty at any institution under the supervision of the State Board of Community Colleges of the Department of Education who is paid wholly from funds appropriated from the state community college program fund shall teach a minimum of 15 classroom contact hours per week at such institution. However, the required classroom contact hours per week may be reduced upon approval of the president of the institution in direct proportion to specific duties and responsibilities assigned the faculty member by his or her departmental chair or other appropriate college administrator. Such specific duties may include specific research duties, specific duties associated with developing television, video tape, or other specifically assigned innovative teaching techniques or devices, or assigned responsibility for off-campus student internship or work-study programs. A "classroom contact hour" consists of a regularly scheduled classroom activity of not less than 50 minutes in a course of instruction which has been approved by the board of trustees of the community college. Any full-time faculty member who is paid partly from state community college program funds and partly from other funds or appropriations shall teach a minimum number of classroom contact hours per week in such proportion to 15 classroom contact hours as his or her salary paid from state community college program funds bears to his or her total salary.

History.--s. 1, ch. 71-253; s. 54, ch. 79-222; s. 27, ch. 83-326; s. 51, ch. 95-148.

Note.--Former s. 230.7601.

240.343  Sick leave.--Each community college district board of trustees shall adopt rules whereby any full-time employee who is unable to perform his or her duties at the college on account of personal sickness, accident disability, or extended personal illness, or because of illness or death of the employee's father, mother, brother, sister, husband, wife, child, or other close relative or member of the employee's own household, and who consequently has to be absent from work shall be granted leave of absence for sickness by the president or by the president's designated representative. The following provisions shall govern sick leave:

(1)  DEFINITIONS.--As used in this section, unless the context otherwise requires, the term:

(a)  "Educational support employee" means any person employed by a community college as an education or administrative paraprofessional; a member of the operations, maintenance, or comparable department; or a secretary, clerical, or comparable level support employee.

(b)  "Instructional staff" shall be used synonymously with the word "teacher" or "faculty" and includes faculty members, librarians, counselors, and other comparable members engaged in an instructional capacity in the community college.

(2)  EXTENT OF LEAVE WITH COMPENSATION.--

(a)  Each full-time employee shall earn 1 day of sick leave with compensation for each calendar month or major fraction of a calendar month of service, not to exceed 12 days for each fiscal year. Such leave shall be taken only when necessary because of sickness as herein prescribed. Such sick leave shall be cumulative from year to year. Accumulated sick leave may be transferred from another Florida community college, the Florida Department of Education, the State University System, a Florida district school board, or a state agency, provided that at least one-half of the sick leave accumulated at any time must have been established in the college in which such employee is currently employed.

(b)  A board of trustees may establish rules and prescribe procedures whereby a full-time employee may, at the beginning date of employment in any year, be credited with 12 days of sick leave with compensation in excess of the number of days the employee has earned. Upon termination of employment, the employee's final compensation shall be adjusted in an amount necessary to ensure that sick leave with compensation does not exceed the days of earned sick leave as provided herein.

(c)  A board of trustees may establish rules and prescribe standards to permit a full-time employee to be absent no more than 4 days for personal reasons. However, such absences for personal reasons shall be charged only to accrued sick leave, and leave for personal reasons shall be noncumulative.

(d)  A board of trustees may establish rules to provide terminal pay for accumulated sick leave to full-time instructional staff and educational support employees or to the employee's beneficiary if service is terminated by death. However, such terminal pay may not exceed an amount determined as follows:

1.  During the first 3 years of service, the daily rate of pay multiplied by 35 percent times the number of days of accumulated sick leave.

2.  During the next 3 years of service, the daily rate of pay multiplied by 40 percent times the number of days of accumulated sick leave.

3.  During the next 3 years of service, the daily rate of pay multiplied by 45 percent times the number of days of accumulated sick leave.

4.  During the 10th year of service, the daily rate of pay multiplied by 50 percent times the number of days of accumulated sick leave.

5.  During the next 20 years of service, the daily rate of pay multiplied by 50 percent plus up to an additional 2.5 percent per year for each year of service beyond 10 years, times the number of days of accumulated sick leave.

If an employee receives terminal pay benefits based on unused sick leave credit, all unused sick leave credit shall become invalid; however, if an employee terminates his or her employment without receiving terminal pay benefits and is reemployed, his or her sick leave credit shall be reinstated.

(e)  A board of trustees may establish rules or policies to provide terminal pay for accumulated sick leave to any full-time employee of a community college other than instructional staff or educational support employees as defined in this section. If termination of employment is by death of the employee, any terminal pay to which the employee may have been entitled may be made to the employee's beneficiary. However, for such employees hired on or after July 1, 1995, terminal pay shall not exceed an amount determined as follows:

1.  One-fourth of all unused sick leave accumulated on or after July 1, 1995; however, terminal pay allowable for such accumulated sick leave shall not exceed a maximum of 60 days of actual payment.

2.  For unused sick leave accumulated prior to July 1, 1995, terminal payment shall be made pursuant to a board of trustees' policies which are in effect on July 1, 1995.

(3)  CLAIM MUST BE FILED.--Any full-time employee who finds it necessary to be absent from his or her duties because of illness as defined in this section shall notify the president or a college official designated by the president, if possible before the opening of college on the day on which the employee must be absent or during the day, except when he or she is absent for emergency reasons recognized by the board of trustees as valid. Any employee shall, before claiming and receiving compensation for the time absent from his or her duties while absent because of sick leave as prescribed in this section, make and file a written certificate which shall set forth the day or days absent, that such absence was necessary, and that he or she is entitled or not entitled to receive pay for such absence in accordance with the provisions of this section. The board of trustees may prescribe rules under which the president may require a certificate of illness from a licensed physician or from the county health officer.

(4)  COMPENSATION.--Any full-time employee who has unused sick leave credit shall receive full-time compensation for the time justifiably absent on sick leave; no compensation may be allowed beyond that provided in subsection (6).

(5)  EXPENDITURE AUTHORIZED.--Community college boards of trustees are authorized to expend public funds for payment to employees on account of sickness. The expending and excluding of such funds shall be in compliance with rules adopted by the Department of Management Services pursuant to chapter 650.

(6)  SICK LEAVE POOL.--Notwithstanding any other provision of this section, a board of trustees may, by rule, based upon the maintenance of reliable and accurate records by the community college showing the amount of sick leave which has been accumulated and is unused by employees in accordance with this section, establish a plan allowing participating full-time employees of the community college to pool sick leave accrued and allowing any sick leave thus pooled to be disbursed to any participating employee who is in need of sick leave in excess of that amount he or she has personally accrued. Such rules shall include, but not be limited to, the following provisions:

(a)  Participation in the sick leave pool shall at all times be voluntary on the part of employees.

(b)  Any full-time employee shall be eligible for participation in the sick leave pool after 1 year of employment with the community college, provided such employee has accrued a minimum amount of unused sick leave, which minimum shall be established by rule.

(c)  Any sick leave pooled pursuant to this section shall be removed from the personally accumulated sick leave balance of the employee donating such leave.

(d)  Participating employees shall make equal contributions to the sick leave pool. There shall be established a maximum amount of sick leave which may be contributed to the pool by an employee. After the initial contribution which an employee makes upon electing to participate, no further contributions shall be required except as may be necessary to replenish the pool. Any such further contribution shall be equally required of all employees participating in the pool.

(e)  Any sick leave time drawn from the pool by a participating employee must be used for that employee's personal illness, accident, or injury.

(f)  A participating employee will not be eligible to use sick leave from the pool until all of his or her sick leave has been depleted. There shall be established a maximum number of days for which an employee may draw sick leave from the sick leave pool.

(g)  A participating employee who uses sick leave from the pool will not be required to recontribute such sick leave to the pool, except as otherwise provided herein.

(h)  A participating employee who chooses to no longer participate in the sick leave pool will not be eligible to withdraw any sick leave already contributed to the pool.

(i)  Alleged abuse of the use of the sick leave pool shall be investigated, and, on a finding of wrongdoing, the employee shall repay all of the sick leave credits drawn from the sick leave pool and shall be subject to such other disciplinary action as is determined by the board to be appropriate. Rules adopted for the administration of this program shall provide for the investigation of the use of sick leave utilized by the participating employee in the sick leave pool.

History.--s. 4, ch. 79-109; s. 1, ch. 81-145; s. 155, ch. 81-259; s. 112, ch. 83-217; s. 28, ch. 83-326; s. 2, ch. 85-331; s. 1, ch. 87-276; s. 99, ch. 92-279; s. 55, ch. 92-326; s. 52, ch. 95-148; s. 4, ch. 95-381.

240.344  Retirement annuities authorized.--Each community college district board of trustees is authorized to purchase annuities for its community college personnel who have 25 or more years of creditable service and who have reached age 55 and have applied for retirement under the Florida Retirement System. No such annuity may provide for more than the total difference in retirement income between the retirement benefit based on average monthly compensation and creditable service as of the member's early retirement date and the early retirement benefit. Community college district boards of trustees may also purchase annuities for members of the Florida Retirement System who have out-of-state teaching service in another state or country which is documented as valid by the appropriate educational entity. Such annuities may be based on no more than 5 years of out-of-state teaching service and may equal, but not exceed, the benefits that would be payable under the Florida Retirement System if credit for out-of-state teaching was authorized under that system. Each district board of trustees is authorized to invest funds, purchase annuities, or provide local supplemental retirement programs for purposes of providing retirement annuities for community college personnel. All such retirement annuities shall comply with s. 14, Art. X, of the State Constitution.

History.--s. 36, ch. 84-336; s. 2, ch. 89-310.

240.345  Financial support of community colleges.--

(1)  STATE SUPPORT OF COMMUNITY COLLEGES.--Each community college that has been approved by the Department of Education and meets the requirements of law and regulations of the State Board of Education shall participate in the state community college program fund. However, funds to support workforce development programs conducted by community colleges shall be provided by the Workforce Development Education Fund pursuant to s. 239.115.

(2)  STUDENT FEES.--

(a)  Fees may be charged to students attending a community college only as authorized by this part.

(b)  The State Board of Community Colleges shall adopt rules permitting the deferral of registration and tuition fees for those students who receive financial aid from federal or state assistance programs when such aid is delayed in being transmitted to the student through circumstances beyond the control of the student. The failure to make timely application for such aid is insufficient reason to receive such deferral.

1.  A veteran or other eligible student who receives benefits under chapter 30, chapter 31, chapter 32, chapter 34, or chapter 35, 38 U.S.C., or chapter 106, 10 U.S.C., is entitled to one deferment each academic year and an additional deferment each time there is a delay in the receipt of his or her benefits.

2.  Each community college shall be responsible for collecting all deferred fees. If a community college has not collected a deferred fee, the student shall not earn full-time equivalent student enrollment for any course for which the student subsequently registers until the fee has been paid.

3.  In adopting such rules, the State Board of Community Colleges is required to enforce the collection of or otherwise settle delinquent accounts.

4.  The State Board of Education shall require that each institution within the community college system withdraw all requests for course approval from the ¹Veterans Administration for education programs offered in correctional facilities which are provided through state funding at no cost to the inmate.

(c)  The spouse of a deceased state employee is entitled, when eligible for the payment of student fees by the state as employer pursuant to s. 440.16, in lieu of such payment, to a full waiver of student fees for up to 80 semester hours in any community college.

History.--s. 3, ch. 19159, 1939; s. 49, ch. 23726, 1947; s. 6, ch. 57-252; s. 39, ch. 65-239; s. 11, ch. 68-5; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 10, ch. 70-94; s. 70, ch. 72-221; s. 4, ch. 72-348; s. 8, ch. 77-338; s. 2, ch. 78-91; s. 2, ch. 78-338; s. 2, ch. 79-182; s. 55, ch. 79-222; ss. 5, 29, ch. 83-326; ss. 39, 43, ch. 86-156; s. 13, ch. 86-171; s. 9, ch. 86-177; s. 62, ch. 89-381; s. 3, ch. 89-535; s. 27, ch. 97-307.

¹Note.--Redesignated as the United States Department of Veterans Affairs by s. 2, Pub. L. No. 100-527.

Note.--Former ss. 242.43, 230.48, 230.0111, 230.761.

240.347  State Community College Program Fund.--

(1)  There is established a State Community College Program Fund. This fund shall comprise all appropriations made by the Legislature for the support of the current operating program and shall be apportioned and distributed to the community college districts of the state on the basis of procedures established by law and regulations of the State Board of Education and the State Board of Community Colleges. The annual apportionment for each community college district shall be distributed monthly in payments as nearly equal as possible.

(2)  Beginning with the 1985-1987 legislative budget request, the prior year's June 30 adjusted expenditure database for salaries and benefits shall be included in the budget request for the State Community College Program Fund within the following categories: "Instructional" with subcategories including "Faculty," "Nonfaculty," "Faculty Other Personal Services," and "Nonfaculty Other Personal Services"; and "Noninstructional" with subcategories including "Administrative," "Professional," "Nonprofessional," and "Noninstructional Other Personal Services." Within the foregoing categories and subcategories, the following shall be reported: salaries and employer contributions for retirement, social security, health insurance, life insurance, and other employer-paid personnel benefits.

History.--s. 7, ch. 63-495; s. 159, ch. 65-239; s. 12, ch. 68-5; s. 70, ch. 72-221; s. 5, ch. 72-348; s. 55, ch. 79-222; s. 30, ch. 83-326; s. 39, ch. 84-336; s. 13, ch. 95-392.

Note.--Former ss. 236.70, 230.0112, 230.762.

240.349  Requirements for participation in Community College Program Fund.--Each district which participates in the state appropriations for the Community College Program Fund shall provide evidence of its effort to maintain an adequate community college program which shall:

(1)  Meet the minimum standards prescribed by the State Board of Education in accordance with s. 240.325.

(2)  Effectively fulfill the mission of the community colleges in accordance with s. 240.301.

History.--s. 7, ch. 63-495; s. 160, ch. 65-239; s. 13, ch. 68-5; s. 70, ch. 72-221; s. 6, ch. 72-348; s. 56, ch. 79-222; s. 2, ch. 80-237; s. 31, ch. 83-326; s. 43, ch. 86-156.

Note.--Former ss. 236.71, 230.0113, 230.763.

240.35  Student fees.--Unless otherwise provided, the provisions of this section apply only to fees charged for college credit instruction leading to an associate in arts degree, an associate in applied science degree, or an associate in science degree and noncollege credit college-preparatory courses defined in s. 239.105.

(1)  The State Board of Community Colleges shall establish the matriculation and tuition fees for college-preparatory instruction and for credit instruction which may be counted toward an associate in arts degree, an associate in applied science degree, or an associate in science degree.

(2)(a)  Any student for whom the state is paying a foster care board payment pursuant to s. 409.145(3) or ¹parts II and III of chapter 39, for whom the permanency planning goal pursuant to ²part III of chapter 39 is long-term foster care or independent living, or who is adopted from the Department of Children and Family Services after May 5, 1997, shall be exempt from the payment of all undergraduate fees, including fees associated with enrollment in college-preparatory instruction or completion of the college-level communication and computation skills testing program. Before a fee exemption can be given, the student shall have applied for and been denied financial aid, pursuant to s. 240.404, which would have provided, at a minimum, payment of all student fees. Such exemption shall be available to any student adopted from the Department of Children and Family Services after May 5, 1997; however, the exemption shall be valid for no more than 4 years after the date of graduation from high school.

(b)  Any student qualifying for a fee exemption under this subsection shall receive such an exemption for not more than 2 consecutive years or 4 semesters, unless the student is participating in college-preparatory instruction or requires additional time to complete the college-level communication and computation skills testing program. Such a student is eligible to receive a fee exemption for a maximum of 3 consecutive years or 6 semesters.

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

(3)  Students enrolled in dual enrollment and early admission programs under s. 240.116 and students enrolled in employment and training programs under the WAGES Program are exempt from the payment of registration, matriculation, and laboratory fees; however, such students may not be included within calculations of fee-waived enrollments. The local WAGES coalition shall pay the community college for costs incurred by that WAGES participant related to that person's classes or program. Other fee-exempt instruction provided under this subsection generates an additional one-fourth full-time equivalent enrollment.

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

(5)(a)  Fees shall be waived for certain members of the active Florida National Guard pursuant to s. 250.10(8).

(b)  Community colleges may waive fees for any fee-nonexempt student. A student whose fees are waived in excess of the amount authorized annually in the General Appropriations Act may not be included in calculations of full-time equivalent enrollments for state funding purposes. Any community college that waives fees and requests state funding for a student in violation of the provisions of this subsection shall be penalized at a rate equal to two times the value of the full-time equivalent student enrollment reported served. Such penalty shall be charged against the following year's allocation from the Community College Program Fund.

³(6)  The State Board of Community Colleges shall adopt by December 31 of each year a resident fee schedule for the following fall for advanced and professional, associate in science degree, and college-preparatory programs that produce revenues in the amount of 25 percent of the full prior year's cost of these programs. However, the board may not adopt an annual fee increase in any program for resident students which exceeds 10 percent. Fees for courses in college-preparatory programs and associate in arts and associate in science degree programs may be established at the same level. In the absence of a provision to the contrary in an appropriations act, the fee schedule shall take effect and the colleges shall expend the funds on instruction. If the Legislature provides for an alternative fee schedule in an appropriations act, the fee schedule shall take effect the subsequent fall semester.

³(7)  Each community college board of trustees shall establish matriculation and tuition fees, which may vary no more than 10 percent below and 15 percent above the fee schedule adopted by the State Board of Community Colleges, provided that any amount from 10 to 15 percent above the fee schedule is used only to support safety and security purposes. In order to assess an additional amount for safety and security purposes, a community college board of trustees must provide written justification to the State Board of Community Colleges based on criteria approved by the local board of trustees, including but not limited to criteria such as local crime data and information, and strategies for the implementation of local safety plans. For 1999-2000, each community college is authorized to increase the sum of the matriculation fee and technology fee by not more than 5 percent of the sum of the matriculation and local safety and security fees in 1998-1999. However, no fee in 1999-2000 shall exceed the prescribed statutory limit. Should a college decide to increase the matriculation fee, the funds raised by increasing the matriculation fee must be expended solely for additional safety and security purposes and shall not supplant funding expended in the 1998-1999 budget for safety and security purposes.

(8)  The sum of nonresident student matriculation and tuition fees must be sufficient to defray the full cost of each program. The annual fee increases for nonresident students established by the board, in the absence of legislative action to the contrary in an appropriations act, may not exceed 25 percent.

(9)  The State Board of Community Colleges shall adopt a rule specifying the definitions and procedures to be used in the calculation of the percentage of cost paid by students. The rule must provide for the calculation of the full cost of educational programs based on the allocation of all funds provided through the general current fund to programs of instruction, and other activities as provided in the annual expenditure analysis. The rule shall be developed in consultation with the Legislature.

(10)  Each community college district board of trustees may establish a separate activity and service fee not to exceed 10 percent of the matriculation fee, according to rules of the State Board of Education. The student activity and service fee shall be collected as a component part of the registration and tuition fees. The student activity and service fees shall be paid into a student activity and service fund at the community college and shall be expended for lawful purposes to benefit the student body in general. These purposes include, but are not limited to, student publications and grants to duly recognized student organizations, the membership of which is open to all students at the community college without regard to race, sex, or religion.

(11)³(a)  Each community college is authorized to establish a separate fee for financial aid purposes in an additional amount up to, but not to exceed, 5 percent of the total student tuition or matriculation fees collected. Each community college may collect up to an additional 2 percent if the amount generated by the total financial aid fee is less than $250,000. If the amount generated is less than $250,000, a community college that charges tuition and matriculation fees at least equal to the average fees established by rule may transfer from the general current fund to the scholarship fund an amount equal to the difference between $250,000 and the amount generated by the total financial aid fee assessment. No other transfer from the general current fund to the loan, endowment, or scholarship fund, by whatever name known, is authorized.

(b)  All funds collected under this program shall be placed in the loan and endowment fund or scholarship fund of the college, by whatever name known. Such funds shall be disbursed to students as quickly as possible. An amount not greater than 40 percent of the fees collected in a fiscal year may be carried forward unexpended to the following fiscal year. However, funds collected prior to July 1, 1989, and placed in an endowment fund may not be considered part of the balance of funds carried forward unexpended to the following fiscal year.

³(c)  Up to 25 percent or $300,000, whichever is greater, of the financial aid fees collected may be used to assist students who demonstrate academic merit; who participate in athletics, public service, cultural arts, and other extracurricular programs as determined by the institution; or who are identified as members of a targeted gender or ethnic minority population. The financial aid fee revenues allocated for athletic scholarships and fee exemptions provided pursuant to subsection (17) for athletes shall be distributed equitably as required by s. 228.2001(3)(d). A minimum of 50 percent of the balance of these funds shall be used to provide financial aid based on absolute need, and the remainder of the funds shall be used for academic merit purposes and other purposes approved by the district boards of trustees. Such other purposes shall include the payment of child care fees for students with financial need. The State Board of Community Colleges shall develop criteria for making financial aid awards. Each college shall report annually to the Department of Education on the criteria used to make awards, the amount and number of awards for each criterion, and a delineation of the distribution of such awards. Awards which are based on financial need shall be distributed in accordance with a nationally recognized system of need analysis approved by the State Board of Community Colleges. An award for academic merit shall require a minimum overall grade point average of 3.0 on a 4.0 scale or the equivalent for both initial receipt of the award and renewal of the award.

(d)  These funds may not be used for direct or indirect administrative purposes or salaries.

(12)  Any community college that reports students who have not paid fees in an approved manner in calculations of full-time equivalent enrollments for state funding purposes shall be penalized at a rate equal to two times the value of such enrollments. Such penalty shall be charged against the following year's allocation from the Community College Program Fund and shall revert to the General Revenue Fund. The State Board of Education shall specify, as necessary, by rule, approved methods of student fee payment. Such methods shall include, but not be limited to, student fee payment; payment through federal, state, or institutional financial aid; and employer fee payments. A community college may not charge any fee except as authorized by law or rules of the State Board of Education.

(13)  Each community college shall report only those students who have actually enrolled in instruction provided or supervised by instructional personnel under contract with the community college in calculations of actual full-time equivalent enrollments for state funding purposes. No student who has been exempted from taking a course or who has been granted academic or vocational credit through means other than actual coursework completed at the granting institution shall be calculated for enrollment in the course from which he or she has been exempted or granted credit. Community colleges that report enrollments in violation of this subsection shall be penalized at a rate equal to two times the value of such enrollments. Such penalty shall be charged against the following year's allocation from the Community College Program Fund and shall revert to the General Revenue Fund.

(14)  Each community college board of trustees may establish a separate fee for capital improvements, technology enhancements, or equipping student buildings which may not exceed $1 per credit hour or credit-hour equivalent for residents and which equals or exceeds $3 per credit hour for nonresidents. Funds collected by community colleges through these fees may be bonded only for the purpose of financing or refinancing new construction and equipment, renovation, or remodeling of educational facilities. The fee shall be collected as a component part of the registration and tuition fees, paid into a separate account, and expended only to construct and equip, maintain, improve, or enhance the educational facilities of the community college. Projects funded through the use of the capital improvement fee shall meet the survey and construction requirements of chapter 235. Pursuant to s. 216.0158, each community college shall identify each project, including maintenance projects, proposed to be funded in whole or in part by such fee. Capital improvement fee revenues may be pledged by a board of trustees as a dedicated revenue source to the repayment of debt, including lease-purchase agreements and revenue bonds, with a term not to exceed 20 years, and not to exceed the useful life of the asset being financed, only for the new construction and equipment, renovation, or remodeling of educational facilities. Community colleges may use the services of the Division of Bond Finance of the State Board of Administration to issue any bonds authorized through the provisions of this subsection. Any such bonds issued by the Division of Bond Finance shall be in compliance with the provisions of the State Bond Act. Bonds issued pursuant to the State Bond Act shall be validated in the manner provided by chapter 75. The complaint for such validation shall be filed in the circuit court of the county where the seat of state government is situated, the notice required to be published by s. 75.06 shall be published only in the county where the complaint is filed, and the complaint and order of the circuit court shall be served only on the state attorney of the circuit in which the action is pending. A maximum of 15 cents per credit hour may be allocated from the capital improvement fee for child care centers conducted by the community college.

³(15)  In addition to matriculation, tuition, financial aid, capital improvement, student activity and service, and technology fees authorized in this section, each board of trustees is authorized to establish fee schedules for the following user fees and fines: laboratory fees; parking fees and fines; library fees and fines; fees and fines relating to facilities and equipment use or damage; access or identification card fees; duplicating, photocopying, binding, or microfilming fees; standardized testing fees; diploma replacement fees; transcript fees; application fees; graduation fees; and late fees related to registration and payment. Such user fees and fines shall not exceed the cost of the services provided and shall only be charged to persons receiving the service. Community colleges are not authorized to charge any fee that is not specifically authorized by statute. Parking fee revenues may be pledged by a community college board of trustees as a dedicated revenue source for the repayment of debt, including lease-purchase agreements and revenue bonds with terms not exceeding 20 years and not exceeding the useful life of the asset being financed. Community colleges shall use the services of the Division of Bond Finance of the State Board of Administration to issue any revenue bonds authorized by the provisions of this subsection. Any such bonds issued by the Division of Bond Finance shall be in compliance with the provisions of the State Bond Act. Bonds issued pursuant to the State Bond Act shall be validated in the manner established in chapter 75. The complaint for such validation shall be filed in the circuit court of the county where the seat of state government is situated, the notice required to be published by s. 75.06 shall be published only in the county where the complaint is filed, and the complaint and order of the circuit court shall be served only on the state attorney of the circuit in which the action is pending.

³(16)  Each community college district board of trustees is authorized to establish a separate fee for technology, which may not exceed $1.80 per credit hour or credit-hour equivalent for resident students and not more than $5.40 per credit hour or credit-hour equivalent for nonresident students, to be expended according to technology improvement plans. The technology fee may apply to both college credit and college-preparatory instruction. Fifty percent of technology fee revenues may be pledged by a community college board of trustees as a dedicated revenue source for the repayment of debt, including lease-purchase agreements, not to exceed the useful life of the asset being financed. Revenues generated from the technology fee may not be bonded.

(17)  Each community college is authorized to grant student fee exemptions from all fees adopted by the State Board of Community Colleges and the community college board of trustees for up to 40 full-time equivalent students at each institution.

History.--s. 4, ch. 83-326; s. 31, ch. 84-336; s. 18, ch. 85-109; s. 40, ch. 86-156; s. 13, ch. 87-212; s. 1, ch. 87-326; s. 37, ch. 88-337; s. 3, ch. 89-334; ss. 10, 42, ch. 89-381; s. 26, ch. 90-302; s. 92, ch. 91-45; s. 27, ch. 91-55; s. 3, ch. 91-217; s. 3, ch. 91-302; s. 54, ch. 92-136; s. 25, ch. 92-321; s. 6, ch. 93-202; s. 53, ch. 95-148; s. 63, ch. 96-175; s. 4, ch. 97-158; s. 8, ch. 97-169; ss. 36, 41, ch. 97-246; s. 28, ch. 97-307; s. 3, ch. 97-383; s. 17, ch. 98-58; s. 24, ch. 98-280; s. 3, ch. 98-300; s. 10, ch. 98-421; s. 5, ch. 99-249; s. 6, ch. 99-252.

¹Note.--Provisions in former parts II and III of chapter 39 are now located in part I and parts V through VIII as a result of the reorganization of chapter 39 by ch. 98-403.

²Note.--Provisions in former part III of chapter 39 are now located in parts I, VII, and VIII as a result of the reorganization of chapter 39 by ch. 98-403.

³Note.--Section 6, ch. 99-249, provides that "[b]y December 31, 1999, and annually thereafter, the State Board of Community Colleges shall report on the implementation of this act to the Speaker of the House of Representatives and the President of the Senate."

240.353  Procedure for determining number of instruction units for community colleges.--The number of instruction units for community colleges in districts which meet the requirements of law for operating a community college shall be determined from the full-time equivalent students in the community college, provided that full-time equivalent students may not be counted more than once in determining instruction units. Instruction units for community colleges shall be computed as follows:

(1)  One unit for each 12 full-time equivalent students at a community college for the first 420 students and one unit for each 15 full-time equivalent students for all over 420 students, in other than vocational programs as defined by rules of the State Board of Education, and one unit for each 10 full-time equivalent students in vocational programs and compensatory education programs as defined by rules of the State Board of Education. Full-time equivalent students enrolled in a community college shall be defined by rules of the State Board of Education.

(2)  For each 8 instruction units in a community college, 1 instruction unit or proportionate fraction of a unit shall be allowed for administrative and special instructional services, and for each 20 instruction units, 1 instruction unit or proportionate fraction of a unit shall be allowed for student personnel services.

History.--s. 7, ch. 63-495; s. 162, ch. 65-239; s. 2, ch. 68-14; s. 1, ch. 69-214; s. 1, ch. 69-300; s. 1, ch. 70-176; s. 1, ch. 70-439; ss. 64, 70, ch. 72-221; s. 8, ch. 72-348; s. 2, ch. 72-352; s. 57, ch. 79-222; s. 6, ch. 81-193.

Note.--Former ss. 236.73, 230.0115, 230.765.

240.3575  Economic development centers.--

(1)  Community colleges may establish economic development centers for the purpose of serving as liaisons between community colleges and the business sector. The responsibilities of each center shall include:

(a)  Promoting the economic well-being of businesses and industries.

(b)  Coordinating, with chambers of commerce, government agencies, school boards, and other organizations, efforts to provide educational programs which promote economic development, including, but not limited to, business incubators, industrial development and research parks, industry recruitment efforts, publication of business research and resource guides, and sponsorship of workshops, conferences, seminars, and consultation services.

(2)  The board of trustees of a community college in which an economic development center is created, or its designee, may negotiate, enter into, and execute contracts; solicit and accept grants and donations; and fix and collect fees, other payments, and donations that may accrue by reason of activities of the center and its staff.

(3)  Economic development centers shall operate under policies and procedures established by the community college board of trustees.

(4)  The State Board of Community Colleges may award grants to economic development centers for the purposes of this section. Grants awarded pursuant to this subsection shall be in accordance with rules established by the State Board of Community Colleges.

History.--s. 43, ch. 89-381; s. 30, ch. 97-246.

240.359  Procedure for determining state financial support and annual apportionment of state funds to each community college district.--The procedure for determining state financial support and the annual apportionment to each community college district authorized to operate a community college under the provisions of s. 240.313 shall be as follows:

(1)  DETERMINING THE AMOUNT TO BE INCLUDED IN THE STATE COMMUNITY COLLEGE PROGRAM FUND FOR THE CURRENT OPERATING PROGRAM.--

(a)  The Department of Education shall determine annually from an analysis of operating costs, prepared in the manner prescribed by rules of the State Board of Education, the costs per full-time equivalent student served in courses and fields of study offered in community colleges. This information and current college operating budgets shall be submitted to the Executive Office of the Governor with the legislative budget request prior to each regular session of the Legislature.

(b)  The allocation of funds for community colleges shall be based on advanced and professional disciplines, college-preparatory programs, and other programs for adults funded pursuant to s. 239.115.

(c)  The category of lifelong learning is for students enrolled pursuant to s. 239.301. A student shall also be reported as a lifelong learning student for his or her enrollment in any course that he or she has previously taken, unless it is a credit course in which the student earned a grade of D or F.

(d)  If an adult student has been determined to be a disabled student eligible for an approved educational program for disabled adults provided pursuant to s. 239.301 and rules of the State Board of Education and is enrolled in a class with curriculum frameworks developed for the program, state funding for that student shall be provided at a level double that of a student enrolled in a special adult general education program provided by a community college.

(e)  The State Board of Education shall adopt rules to implement s. 9(d)(8)f., Art. XII of the State Constitution. These rules shall provide for the use of the funds available under s. 9(d)(8)f., Art. XII by an individual community college for operating expense in any fiscal year during which the State Board of Education has determined that all major capital outlay needs have been met. Highest priority for the use of these funds for purposes other than financing approved capital outlay projects shall be for the proper maintenance and repair of existing facilities for projects approved by the State Board of Education. However, in any fiscal year in which funds from this source are authorized for operating expense other than approved maintenance and repair projects, the allocation of community college program funds shall be reduced by an amount equal to the sum used for such operating expense for that community college that year, and that amount shall not be released or allocated among the other community colleges that year.

(2)  DETERMINING THE AMOUNT TO BE INCLUDED FOR CAPITAL OUTLAY AND DEBT SERVICE.--The amount included for capital outlay and debt service shall be as determined and provided in s. 18, Art. XII of the State Constitution of 1885, as adopted by s. 9(d), Art. XII of the 1968 revised State Constitution and State Board of Education rules.

(3)  DETERMINING THE APPORTIONMENT FROM STATE FUNDS.--

(a)  By December 15 of each year, the Department of Education shall estimate the annual enrollment of each community college for the current fiscal year and for the 6 subsequent fiscal years. These estimates shall be based upon prior years' enrollments, upon the initial fall term enrollments for the current fiscal year for each college, and upon each college's estimated current enrollment and demographic changes in the respective community college districts.

(b)  The apportionment to each community college from the Community College Program Fund shall be determined annually in the General Appropriations Act. In determining each college's apportionment, the Legislature shall consider the following components:

1.  Base budget, which includes the state appropriation to the Community College Program Fund in the current year plus the related student matriculation and tuition fees assigned in the current General Appropriations Act.

2.  The cost-to-continue allocation, which consists of incremental changes to the base budget, including salaries, price levels, and other related costs.

3.  Enrollment workload adjustment, which shall be determined as follows:

a.  The actual full-time equivalent enrollment for the prior year, as accepted or modified by the Legislature, shall be the assigned enrollment and the basis for allocating appropriated funds for enrollment workload. If the enrollment workload allocation to a college is determined to be less than zero, the reduction in allocation shall be implemented over a 2-year period.

b.  The systemwide average direct instructional cost level of each program of study shall be used to calculate the enrollment workload adjustment. This amount, multiplied by a factor of 1.3, for support services shall be multiplied by the change in enrollment as determined in sub-subparagraph a. From this amount, student matriculation and tuition fees generated by the change in assigned enrollment shall be deducted and the remaining amount shall be the state allocation to each college for enrollment workload.

c.  Students enrolled in a recreation and leisure program and students enrolled in a lifelong learning program may not be counted as full-time equivalent enrollments for purposes of enrollment workload adjustments.

4.  Operating costs of new facilities adjustments, which shall be provided, from funds available, for each new facility that is owned by the college and is recommended in accordance with s. 235.15.

5.  New and improved program enhancements, which shall be determined by the Legislature.

Student fees in the base budget plus student fee revenues generated by increases in fee rates shall be deducted from the sum of the components determined in subparagraphs 1.-5. The amount remaining shall be the net annual state apportionment to each college.

(c)  No community college shall commit funds for the employment of personnel or resources in excess of those required to continue the same level of support for either the previously approved enrollment or the revised enrollment, whichever is lower.

(d)  The apportionment to each community college district for capital outlay and debt service shall be the amount determined in accordance with subsection (2). This amount, less any amount determined as necessary for administrative expense by the State Board of Education and any amount necessary for debt service on bonds issued by the State Board of Education, shall be transmitted to the community college district board of trustees to be expended in a manner prescribed by rules of the State Board of Education.

(e)  Colleges shall seek to maintain an unencumbered fund balance of between 4 percent and 10 percent of the funds available in the current general fund of the operating budget. If the 10-percent upper level is exceeded for 2 consecutive years, the appropriation to the college in a succeeding fiscal year shall be reduced by the average of the excess of the fund balance over the 10 percent for the 2 years. In exceptional cases, when fund balances greater than 10 percent are necessary for a college, prior approval shall be obtained from the State Board of Community Colleges.

(f)  Expenditures for apprenticeship programs shall be reported separately.

(4)  EXPENDITURE OF ALLOCATED FUNDS.--Any funds allocated herein to any district for a public community college shall be expended only for the purpose of supporting that college.

(5)  REPORT OF REMEDIAL EDUCATION.--Each community college shall report the volume and cost of remedial education activities as a separate item in its annual cost accounting system.

History.--s. 7, ch. 63-495; ss. 163-165, ch. 65-239; s. 1, ch. 65-434; s. 1, ch. 68-2; s. 15, ch. 68-5; ss. 3-5, ch. 68-14; ss. 15, 35, ch. 69-106; s. 1, ch. 69-213; s. 31, ch. 69-216; s. 1, ch. 69-300; ss. 12-14, ch. 70-94; ss. 65, 70, ch. 72-221; ss. 3, 9, 11, ch. 72-348; s. 4, ch. 72-352; s. 1, ch. 73-232; s. 2, ch. 74-293; s. 1, ch. 77-174; s. 104, ch. 79-190; s. 59, ch. 79-222; s. 2, ch. 80-237; s. 8, ch. 81-193; s. 40, ch. 82-241; s. 17, ch. 83-325; s. 33, ch. 83-326; s. 40, ch. 84-336; s. 43, ch. 86-156; s. 2, ch. 87-326; ss. 13, 54, ch. 87-329; s. 16, ch. 89-189; ss. 53, 61, ch. 89-381; s. 28, ch. 91-55; s. 1, ch. 91-234; s. 55, ch. 92-136; s. 54, ch. 95-148; s. 29, ch. 97-307; s. 18, ch. 98-58.

Note.--Former ss. 236.74, 230.0117, 230.767.

¹240.36  Dr. Philip Benjamin Academic Improvement Trust Fund for Community Colleges.--

(1)  There is created the Dr. Philip Benjamin Academic Improvement Trust Fund for Community Colleges to be administered according to rules of the State Board of Community Colleges. This trust fund shall be used to encourage private support in enhancing public community colleges by providing the community college system with the opportunity to receive and match challenge grants.

(2)  Funds appropriated shall be deposited in the trust fund and shall be invested pursuant to s. 18.125. Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any undisbursed balance remaining in the trust fund and interest income accruing to that portion of the trust fund not matched shall remain in the trust fund and shall increase the total funds available for challenge grants. At the end of a fiscal year, any unexpended balance of an appropriation in the trust fund will not revert to the fund from which appropriated, but will remain in the trust fund until used for the purposes specified in this section.

(3)  For every year in which there is a legislative appropriation to the trust fund, no less than $25,000 must be reserved to permit each community college and the State Board of Community Colleges, which shall be an eligible community college entity for the purposes of this section, an opportunity to match challenge grants. The balance of the funds shall be available for matching by any eligible community college entity. Trust funds which remain unmatched by contribution on March 1 of any year shall also be available for matching by any community college entity. The State Board of Community Colleges shall adopt rules providing all community college entities with an opportunity to apply for excess trust funds prior to the awarding of such funds. However, no community college may receive more than its percentage of the total full-time equivalent enrollment or 15 percent, whichever is greater, of the funds appropriated to the trust fund for that fiscal year and, likewise, the State Board of Community Colleges may not receive more than 15 percent of the funds appropriated to the trust fund for that fiscal year. A community college entity shall place all funds it receives in excess of the first challenge grant and its matching funds in its endowment fund and only the earnings on that amount may be spent for approved projects. A community college entity may spend the first challenge grant and its matching funds as cash for any approved project, except scholarships. If a community college entity proposes to use any amount of the grant or the matching funds for scholarships, it must deposit that amount in its endowment in its academic improvement trust fund and use the earnings of the endowment to provide scholarships.

(4)  Challenge grants shall be proportionately allocated from the trust fund on the basis of matching each $4 of state funds with $6 of local or private funds. To be eligible, a minimum of $4,500 must be raised from private sources.

(5)  Funds sufficient to provide the match shall be transferred from the state trust fund to the local community college foundation or the statewide community college foundation upon notification that a proportionate amount has been received and deposited by the community college entity in its own trust fund.

(6)  Each community college entity shall establish its own academic improvement trust fund as a depository for the private contributions and matching state fund established herein. The foundations of the community college entities are responsible for the maintenance, investment, and administration of their academic improvement trust funds.

(7)(a)  The board of trustees of the community college and the State Board of Community Colleges are responsible for determining the uses for the proceeds of their respective trust funds. Such uses of the proceeds shall be limited to expenditure of the funds for:

1.  Scientific and technical equipment.

2.  Other activities that will benefit future students as well as students currently enrolled at the community college and that will improve the quality of education at the community college or in the community college system.

3.  Scholarships, loans, or need-based grants.

(b)  If a community college includes scholarships, loans, or need-based grants in its proposal, it shall create an endowment in its academic improvement trust fund and use the earnings of the endowment to provide scholarships, loans, or need-based grants.

(c)  Proposals for use of the trust fund shall be submitted to the State Board of Community Colleges for approval. Any proposal not acted upon in 60 days shall be considered not approved.

(8)  The State Board of Community Colleges shall establish rules to provide for the administration of this fund. Such rules shall establish the minimum challenge grant reserved for each community college entity and the maximum amount which a community college entity may receive from a legislative appropriation in any fiscal year in accordance with the provisions of the General Appropriations Act.

History.--s. 18, ch. 83-325; s. 20, ch. 85-196; s. 1, ch. 87-126; s. 15, ch. 87-331; s. 38, ch. 88-337; s. 12, ch. 89-381; s. 56, ch. 92-136; s. 18, ch. 97-246; s. 11, ch. 98-421; s. 11, ch. 99-243.

¹Note.--Section 11, ch. 99-243, amended s. 240.36, effective July 1, 2000, to read:

240.36  Dr. Philip Benjamin Academic Improvement Program for Community Colleges.--

(1)  There is created the Dr. Philip Benjamin Academic Improvement Program for Community Colleges to be administered according to rules of the State Board of Community Colleges. This program shall be used to encourage private support in enhancing public community colleges by providing the community college system with the opportunity to receive and match challenge grants.

(2)  For every year in which there is a legislative appropriation to the program, no less than $25,000 must be reserved to permit each community college and the State Board of Community Colleges, which shall be an eligible community college entity for the purposes of this section, an opportunity to match challenge grants. The balance of the funds shall be available for matching by any eligible community college entity. Funds which remain unmatched by contribution on March 1 of any year shall also be available for matching by any community college entity. The State Board of Community Colleges shall adopt rules providing all community college entities with an opportunity to apply for excess funds prior to the awarding of such funds. However, no community college may receive more than its percentage of the total full-time equivalent enrollment or 15 percent, whichever is greater, of the funds appropriated to the program for that fiscal year and, likewise, the State Board of Community Colleges may not receive more than 15 percent of the funds appropriated to the program for that fiscal year. A community college entity shall place all funds it receives in excess of the first challenge grant and its matching funds in its endowment fund and only the earnings on that amount may be spent for approved projects. A community college entity may spend the first challenge grant and its matching funds as cash for any approved project, except scholarships. If a community college entity proposes to use any amount of the grant or the matching funds for scholarships, it must deposit that amount in its endowment in its academic improvement trust fund and use the earnings of the endowment to provide scholarships.

(3)  Challenge grants shall be proportionately allocated from the program on the basis of matching each $4 of state funds with $6 of local or private funds. To be eligible, a minimum of $4,500 must be raised from private sources.

(4)  Funds sufficient to provide the match shall be transferred from the state appropriation to the local community college foundation or the statewide community college foundation upon notification that a proportionate amount has been received and deposited by the community college entity in its own trust fund.

(5)  Each community college entity shall establish its own academic improvement trust fund as a depository for the private contributions and matching state funds provided under this section. The foundations of the community college entities are responsible for the maintenance, investment, and administration of their academic improvement trust funds.

(6)(a)  The board of trustees of the community college and the State Board of Community Colleges are responsible for determining the uses for the proceeds of their respective trust funds. Such uses of the proceeds shall be limited to expenditure of the funds for:

1.  Scientific and technical equipment.

2.  Other activities that will benefit future students as well as students currently enrolled at the community college and that will improve the quality of education at the community college or in the community college system.

3.  Scholarships, loans, or need-based grants.

(b)  If a community college includes scholarships, loans, or need-based grants in its proposal, it shall create an endowment in its academic improvement trust fund and use the earnings of the endowment to provide scholarships, loans, or need-based grants.

(c)  Proposals for use of the trust fund shall be submitted to the State Board of Community Colleges for approval. Any proposal not acted upon in 60 days shall be considered not approved.

(7)  The State Board of Community Colleges shall establish rules to provide for the administration of this program. Such rules shall establish the minimum challenge grant reserved for each community college entity and the maximum amount which a community college entity may receive from a legislative appropriation in any fiscal year in accordance with the provisions of the General Appropriations Act.

240.361  Budgets for community colleges.--The president of each community college shall recommend to the board of trustees a budget of income and expenditures at such time and in such form as the state board may prescribe. Upon approval of a budget by the board of trustees, such budget shall be transmitted to the State Board of Community Colleges and the Department of Education for review and approval. Rules and regulations of the State Board of Education shall prescribe procedures for effecting budget amendments subsequent to the final approval of a budget for a given year.

History.--s. 2, ch. 28068, 1953; s. 7, ch. 57-252; s. 40, ch. 65-239; s. 17, ch. 68-5; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 15, ch. 70-94; s. 70, ch. 72-221; s. 61, ch. 79-222; s. 34, ch. 83-326.

Note.--Former ss. 242.431, 230.49, 230.0119, 230.769.

240.363  Financial accounting and expenditures.--All funds accruing to a community college must be received, accounted for, and expended in accordance with rules of the State Board of Community Colleges. A direct-support organization shall have sole responsibility for the acts, debts, liabilities, and obligations of the organization. A community college shall have no responsibility for such acts, debts, liabilities, or obligations incurred or assumed by a direct-support organization solely by reason of certification. Each community college board of trustees may adopt policies that provide procedures for transferring to the direct-support organization of that community college for administration by such organization contributions made to the community college.

History.--s. 17, ch. 65-239; s. 16, ch. 68-5; s. 70, ch. 72-221; s. 60, ch. 79-222; s. 35, ch. 83-326; ss. 13, 31, ch. 89-381; s. 7, ch. 98-99.

Note.--Former ss. 230.0118, 230.768.

240.364  Prohibited expenditures.--No community college or direct-support organization shall expend any funds, regardless of source, to purchase membership in, or goods and services from, any organization which discriminates on the basis of race, national origin, sex, or religion.

History.--s. 41, ch. 84-336.

240.365  Delinquent accounts.--

(1)  The district board of trustees shall exert every effort to collect all delinquent accounts.

(2)  The district board of trustees is authorized to charge off such accounts as may prove uncollectible in accordance with rules and regulations of the state board.

(3)  The district board of trustees is authorized to employ the services of a collection agency when deemed advisable in collecting delinquent accounts.

History.--s. 4, ch. 70-198; s. 60, ch. 79-222.

Note.--Former s. 230.7685.

240.367  Current loans to community college district boards of trustees.--

(1)  At any time the current funds on hand are insufficient to pay obligations created by the board of trustees of any community college district in accordance with the approved budget of the community college, the board of trustees may request approval by the Commissioner of Education of a proposal to negotiate a current loan, with provisions for the repayment of such loan during the fiscal year in which the loan is made, in order to meet these obligations.

(2)  The department shall approve such proposal when, in its opinion, the proposal is reasonable and just, the expenditure is necessary, and revenues sufficient to meet the requirements of the loan can reasonably be anticipated.

History.--ss. 1, 2, ch. 69-390; ss. 15, 35, ch. 69-106; s. 70, ch. 72-221; s. 61, ch. 79-222; s. 21, ch. 81-193.

Note.--Former s. 230.7695.

240.369  Exemption from county civil service commissions.--

(1)  Any community college located in a county which has either a budget commission or a civil service commission is exempt from the regulation, supervision, and control of any such commission.

(2)  Any general or special law conflicting with this section is repealed to the extent that said law conflicts with this section.

History.--s. 1, ch. 67-600; s. 1, ch. 69-300; ss. 67, 70, ch. 72-221; s. 62, ch. 79-222.

Note.--Former ss. 230.0121, 230.771.

240.371  Transfer of benefits arising under local or special acts.--All local or special acts in force on July 1, 1968, which provide benefits for a community college through a school board shall continue in full force and effect, and such benefits shall be transmitted to the community college district board of trustees.

History.--s. 18, ch. 68-5; s. 1, ch. 69-300; s. 70, ch. 72-221; s. 63, ch. 79-222.

Note.--Former ss. 230.0122, 230.772.

240.375  Payment of costs of civil actions against officers, employees, or agents of district board of trustees.--Whenever any civil action has been brought against any officer of the district board of trustees, including a board member, or any person employed by or agent of the district board of trustees, of any public community college for any act or omission arising out of and in the course of the performance of his or her duties and responsibilities, the district board of trustees may defray all costs of defending such action, including reasonable attorney's fees and expenses together with costs of appeal, if any, and may save harmless and protect such person from any financial loss resulting therefrom; and the board of trustees is authorized to be self-insured, to enter into risk management programs, or to purchase insurance for whatever coverage it may choose, or to have any combination thereof, to cover all such losses and expenses. However, any attorney's fees paid from public funds for any officer, employee, or agent who is found to be personally liable by virtue of acting outside the scope of his or her employment or acting in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property may be recovered by the state, county, municipality, or political subdivision in a civil action against such officer, employee, or agent.

History.--s. 1, ch. 69-210; s. 70, ch. 72-221; s. 63, ch. 79-222; s. 1, ch. 80-285; s. 2, ch. 83-183; s. 55, ch. 95-148.

Note.--Former s. 230.774.

240.376  Provisions for the protection of property by district boards of trustees.--The district boards of trustees shall be responsible for managing and protecting real and personal property acquired or held in trust for use by and for the benefit of such college. To that end, any board is authorized to be self-insured, to enter into risk management programs, or to purchase insurance for whatever coverage it may choose, or to have any combination thereof, in anticipation of any loss, damage, or destruction.

History.--s. 2, ch. 80-285; s. 10, ch. 80-325.

240.3763  Expenditures for self-insurance services; special account.--

(1)  The district boards of trustees, singly or collectively, are authorized to contract with an administrator or service company approved by the Department of Insurance pursuant to chapter 626 to provide self-insurance services, including, but not limited to, the evaluation, settlement, and payment of self-insurance claims on behalf of the board or a consortium of boards.

(2)  Pursuant to such a contract, a board may advance money to the administrator or service company to be deposited in a special account for paying claims against the board under its self-insurance program. The special account shall be maintained in a designated depository as provided by s. 136.01. The board may replenish such account as often as necessary upon the presentation by the administrator or service company of documentation for claims paid in an amount equal to the amount of the requested reimbursement. Any contract for disbursement of funds from the special account shall ensure that the payments are subject to proper disbursement controls and accounting procedures.

History.--s. 37, ch. 84-336; s. 54, ch. 85-80.

240.377  Promotion and public relations funding.--Each community college is authorized to budget and use a portion of the funds accruing to it from auxiliary enterprises and undesignated gifts for promotion and public relations as prescribed by regulations of the State Board of Education. Such funds may be used to provide expenditures for hospitality of business guests at the college or elsewhere. However, such hospitality expenses may not exceed the amount authorized for such contingency fund as prescribed by rules of the State Board of Education.

History.--s. 1, ch. 70-101; s. 70, ch. 72-221; s. 63, ch. 79-222; s. 22, ch. 81-193; s. 22, ch. 83-325; s. 36, ch. 83-326.

Note.--Former s. 230.775.

240.379  Certain chapters inapplicable to community colleges.--Chapters 231, 233, 234, 236, and 237 are not applicable to community colleges, except for those sections specifically referred to in this part and in the State Board of Education rules.

History.--s. 10, ch. 70-399; ss. 69, 70, ch. 72-221; s. 26, ch. 77-458; s. 64, ch. 79-222.

Note.--Former s. 230.776.

240.38  Community college police.--

(1)  Each community college is permitted and empowered to employ police officers for the college, who must be designated community college police.

(2)  Each community college police officer is a law enforcement officer of the state and a conservator of the peace who has the authority to arrest, in accordance with the laws of this state, any person for a violation of state law or applicable county or municipal ordinance if that violation occurs on or in any property or facilities of the community college by which he or she is employed. A community college police officer may also arrest a person off campus for a violation committed on campus after a hot pursuit of that person which began on campus. A community college police officer may bear arms in the performance of his or her duties and carry out a search pursuant to a search warrant on the campus where he or she is employed. Community college police, upon request of the sheriff or local police authority, may serve subpoenas or other legal process and may make arrests of persons against whom arrest warrants have been issued or against whom charges have been made for violations of federal or state laws or county or municipal ordinances.

(3)  Community college police shall promptly deliver all persons arrested and charged with felonies to the sheriff of the county within which the community college is located and all persons arrested and charged with misdemeanors to the applicable authority as provided by law, but otherwise to the sheriff of the county in which the college is located.

¹(4)  Community college police must meet the minimum standards established by the Police Standards and Training Commission of the Department of Law Enforcement and chapter 943 for law enforcement officers. Each community college police officer must, before entering into the performance of his or her duties, take the oath of office established by the community college. Each community college that employs police officers may obtain and approve a bond on each police officer, conditioned upon the officer's faithful performance of his or her duties, which bond must be payable to the Governor. The community college may determine the amount of the bond. In determining the amount of the bond, the community college may consider the amount of money or property likely to be in the custody of the officer at any one time. The community college shall provide a uniform set of identifying credentials to each community college police officer it employs.

(5)  In performance of any of the powers, duties, and functions authorized by law, community college police have the same rights, protections, and immunities afforded other law enforcement officers.

(6)  The community college, with the approval of the Department of Law Enforcement, shall adopt rules, including, without limitation, rules for the appointment, employment, and removal of community college police in accordance with the state Career Service System and shall establish in writing a policy manual, that includes, without limitation, procedures for managing routine law enforcement situations and emergency law enforcement situations. The community college shall furnish a copy of the policy manual to each of the police officers it employs.

History.--s. 7, ch. 90-302; s. 8, ch. 95-143; s. 56, ch. 95-148; s. 6, ch. 97-100; s. 26, ch. 98-34.

¹Note.--Section 46, ch. 98-34, provides that "[t]he provisions of this act do not affect a cause of action that accrued before [July 1, 1998]."

240.3815  Report of campus crime statistics.--Each community college shall prepare annually a report of statistics of crimes committed on its campus for the preceding 3 years. The community college shall give students and prospective students notice that this report is available upon request.

History.--s. 8, ch. 90-302; s. 30, ch. 97-246.

240.382  Establishment of child development training centers at community colleges.--

(1)  The Legislature recognizes the importance of preschool developmental education and the need for adult students with limited economic resources to have access to high-quality, affordable child care at variable hours for their children. It is therefore the intent of the Legislature that community colleges provide high-quality, affordable child care to the children of adult students enrolled in community colleges. The primary purpose of these child development training centers is to provide affordable child care for children of adult students, particularly those who demonstrate financial need, as well as for employees and staff of the institution. Further, the child development training centers are intended to provide both preschool instruction to the children and clinical experiences for prospective child care and early childhood instructional and administrative personnel. A secondary mission of the centers shall be to provide instruction in parenting skills for the clients of the center as well as for the community.

(2)  In consultation with the student government association or a recognized student group representing the student body, the district board of trustees of any community college may establish a child development training center in accordance with this section. Each child development training center shall be a child care center established to provide child care during the day and at variable hours, including evenings and weekends, for the children of students. Emphasis should be placed on serving students who demonstrate financial need as defined by the district board of trustees. At least 50 percent of the child care slots must be made available to students, and financially needy students, as defined by the district board of trustees, shall receive child care slots first. The center may serve the children of staff, employees, and faculty; however, a designated number of child care slots shall not be allocated for employees. Whenever possible, the center shall be located on the campus of the community college. However, the board may elect to provide child care services for students through alternative mechanisms, which may include contracting with private providers.

(3)  There shall be a board of directors of each child development training center, consisting of the president or his or her designee, the student government president or his or her designee, the chair of the department participating in the center or his or her designee, and one parent for each 25 children enrolled in the center, elected by the parents of the children enrolled in the center. There shall be a director of each center, selected by the board of directors of the center. The director shall be an ex officio, nonvoting member of the board. The district board of trustees shall establish local policies and perform local oversight and operational guidance for the center.

(4)  Each center may charge fees for the care and services it provides. Each board of trustees shall establish mechanisms to facilitate access to center services for students with financial need, which shall include a sliding fee scale and other methods adopted by the board to reduce or defray payment of fees for students. The district board of trustees is authorized to seek and receive grants and other resources to support the operation of the child development center.

(5)  In addition to revenues derived from child care fees charged to parents and other external resources, each child development training center may be funded by a portion of funds from the student activity and service fee authorized by s. 240.35(10) and the capital improvement fee authorized by s. 240.35(14). Community colleges are authorized to transfer funds as necessary from the college's general fund to support the operation of the child development training center.

(6)  This section does not preclude the continuation of or in any way affect child care centers operated by community colleges which were established by the district board of trustees prior to July 1, 1994.

History.--s. 34, ch. 89-381; s. 1, ch. 94-220; s. 30, ch. 97-246; s. 12, ch. 98-421.

240.383  State Community College System Facility Enhancement Challenge Grant Program.--

(1)  The Legislature recognizes that the ¹State Community College System does not have sufficient physical facilities to meet the current demands of its instructional and community programs. It further recognizes that, to strengthen and enhance the Florida Community College System, it is necessary to provide facilities in addition to those currently available from existing revenue sources. It further recognizes that there are sources of private support that, if matched with state support, can assist in constructing much needed facilities and strengthen the commitment of citizens and organizations in promoting excellence throughout the state community colleges. Therefore, it is the intent of the Legislature to establish a program to provide the opportunity for each community college through its direct-support organization to receive and match challenge grants for instructional and community-related capital facilities within the community college.

(2)  There is established the State Community College System Facility Enhancement Challenge Grant Program for the purpose of assisting the Florida Community College System in building high priority instructional and community-related capital facilities consistent with s. 240.301, including common areas connecting such facilities. The direct-support organizations that serve the community colleges shall solicit gifts from private sources to provide matching funds for capital facilities. For the purposes of this section, private sources of funds shall not include any federal or state government funds that a community college may receive.

²(3)  The Community College Capital Facilities Matching Trust Fund shall provide funds to match private contributions for the development of high priority instructional and community-related capital facilities, including common areas connecting such facilities, within the Florida Community College System. All appropriated funds deposited in the trust fund shall be invested pursuant to the provisions of s. 18.125. Interest income accruing to that portion of the trust fund shall increase the total funds available for the challenge grant program. Interest income accruing from the private donations shall be returned to the participating direct-support organization upon completion of the project.

²(4)  Within the direct-support organization of each community college there must be established a separate capital facilities matching account for the purpose of providing matching funds from the direct-support organization's unrestricted donations or other private contributions for the development of high priority instructional and community-related capital facilities, including common areas connecting such facilities. The Legislature shall appropriate funds to be transferred to the Community College Capital Facilities Matching Trust Fund for distribution to a community college after matching funds are certified by the direct-support organization and community college. The Public Education Capital Outlay and Debt Service Trust Fund shall not be used as the source of the state match for private contributions.

(5)  A project may not be initiated unless all private funds for planning, construction, and equipping the facility have been received and deposited in the direct-support organization's matching account and the state's share for the minimum amount of funds needed to begin the project has been appropriated by the Legislature. The Legislature may appropriate the state's matching funds in one or more fiscal years for the planning, construction, and equipping of an eligible facility. However, these requirements shall not preclude the community college or direct-support organization from expending available funds from private sources to develop a prospectus, including preliminary architectural schematics and/or models, for use in its efforts to raise private funds for a facility. Additionally, any private sources of funds expended for this purpose are eligible for state matching funds should the project materialize as provided for in this section.

(6)  To be eligible to participate in the State Community College System Facility Enhancement Challenge Grant Program, a community college, through its direct-support organization, shall raise a contribution equal to one-half of the total cost of a facilities construction project from private sources which shall be matched by a state appropriation equal to the amount raised for a facilities construction project, subject to the General Appropriations Act.

(7)  If the state's share of the required match is insufficient to meet the requirements of subsection (6), the community college shall renegotiate the terms of the contribution with the donors. If the project is terminated, each private donation, plus accrued interest, reverts to the direct-support organization for remittance to the donor.

(8)  By September 1 of each year, the Division of Community Colleges shall transmit to the Legislature a list of projects which meet all eligibility requirements to participate in the State Community College System Facility Enhancement Challenge Grant Program and a budget request which includes the recommended schedule necessary to complete each project.

(9)  In order for a project to be eligible under this program, it must be survey recommended under the provisions of s. 235.15 and included in the State Community College System 5-year capital improvement plan, and it must receive prior approval from the State Board of Community Colleges.

(10)  A community college project may not be removed from the approved 3-year PECO priority list because of its successful participation in this program until approved by the Legislature and provided for in the General Appropriations Act. When such a project is completed and removed from the list, all other projects shall move up on the 3-year PECO priority list.

²(11)  Any project funds that are unexpended after a project is completed shall revert to the community college's direct-support organization capital facilities matching account. Fifty percent of such unexpended funds shall be reserved for the community college which originally received the private contribution for the purpose of providing private matching funds for future facility construction projects as provided in this section. The balance of such unexpended funds shall be returned to the Community College Capital Facilities Matching Trust Fund and be available to any community college for future facility construction projects conducted pursuant to this section.

(12)  The surveys, architectural plans, facility, and equipment shall be the property of the participating community college. A facility constructed under this section may be named in honor of a donor at the option of the community college district board of trustees. A facility may not be named after a living person without prior approval by the State Board of Community Colleges.

History.--s. 1, ch. 97-210; s. 18, ch. 99-13; s. 14, ch. 99-243.

¹Note.--Redesignated as the Florida Community College System by s. 15, ch. 98-58.

²Note.--Section 14, ch. 99-243, amended subsections (3), (4), and (11), effective July 1, 2000, to read:

(3)  The Community College Capital Facilities Matching Program shall provide funds to match private contributions for the development of high priority instructional and community-related capital facilities, including common areas connecting such facilities, within the Florida Community College System.

(4)  Within the direct-support organization of each community college there must be established a separate capital facilities matching account for the purpose of providing matching funds from the direct-support organization's unrestricted donations or other private contributions for the development of high priority instructional and community-related capital facilities, including common areas connecting such facilities. The Legislature shall appropriate funds for distribution to a community college after matching funds are certified by the direct-support organization and community college. The Public Education Capital Outlay and Debt Service Trust Fund shall not be used as the source of the state match for private contributions.

(11)  Any project funds that are unexpended after a project is completed shall revert to the community college's direct-support organization capital facilities matching account. Fifty percent of such unexpended funds shall be reserved for the community college which originally received the private contribution for the purpose of providing private matching funds for future facility construction projects as provided in this section. The balance of such unexpended funds shall be returned to the General Revenue Fund.

¹240.3835  Community College Capital Facilities Matching Trust Fund.--The Community College Capital Facilities Matching Trust Fund is hereby created within the Department of Education, to be administered by the State Board of Community Colleges. Funds shall be credited to the trust fund as provided in chapter 97-210, Laws of Florida, or similar legislation, to be used for the purposes set forth therein.

History.--s. 1, ch. 97-211.

¹Note.--

A.  Repealed July 1, 2000, by s. 13, ch. 99-243.

B.  Section 2, ch. 97-211, provides that:

"(1)  Pursuant to the provisions of s. 19(f)(2), Art. III of the State Constitution, the Community College Capital Facilities Matching Trust Fund shall, unless terminated sooner, be terminated on July 1, 2001.

"(2)  Prior to the regular legislative session immediately preceding the date on which the trust fund is scheduled to be terminated, the State Board of Community Colleges and the Governor shall recommend to the President of the Senate and the Speaker of the House of Representatives whether the trust fund should be allowed to terminate or should be re-created. These recommendations shall be based on a review of the purpose and use of the trust fund and a determination of whether the trust fund will continue to be necessary. A recommendation to re-create the trust fund may include suggested modifications to the purpose, sources of receipts, and allowable expenditures for the trust fund. The state board's recommendation shall be made as a part of its legislative budget request to the Legislature pursuant to s. 216.023, Florida Statutes. The Governor's recommendation shall be made as a part of the recommended budget presented to the Legislature pursuant to s. 216.162, Florida Statutes.

"(3)  If the trust fund is terminated, the Division of Community Colleges of the Department of Education on behalf of the State Board of Community Colleges shall pay any outstanding debts or obligations of the trust fund as soon as practicable and the Comptroller shall close out and remove the trust fund from the various state accounting systems, using generally accepted accounting practices concerning warrants outstanding, assets, and liabilities."

240.3836  Site-determined baccalaureate degree access program; funding.--

(1)  The Legislature recognizes that public and private postsecondary education institutions play essential roles in improving the quality of life and economic well-being of the state and its residents. The Legislature also recognizes that economic development needs and the educational needs of place-bound, nontraditional students have increased the demand for local access to baccalaureate degree programs. In some, but not all, geographic regions, baccalaureate degree programs are being delivered successfully at the local community college through agreements between the community college and 4-year postsecondary institutions within or outside of the state. It is therefore the intent of the Legislature to apply this concept in the creation and funding of a program that supports local economic development and responds to public demand for increased access to baccalaureate degrees in areas of the state that are underserved by 4-year institutions.

(2)  Categorical funding is authorized for the site-determined baccalaureate degree access program created by this section. Funds may not be used to support the construction, renovation, or remodeling of facilities. This program is voluntary and does not preclude other mutually agreed upon arrangements between community colleges and 4-year institutions for the delivery of baccalaureate degrees on community college sites.

(3)  Each community college wishing to participate in the site-determined baccalaureate degree access program must:

(a)  Identify baccalaureate degree programs that are not currently offered at the community college but are proposed for delivery at the college to meet the academic and economic development needs of one or more communities within the college's service area. When assessing local needs, the college should seek input from the appropriate chamber of commerce, workforce development council, and other civic and business groups. As used in this section, the term "economic development" means entrepreneurial efforts, the attraction of new business and industry to the area, and the expansion of existing business and industry.

(b)  Determine the number of students interested in pursuing each proposed baccalaureate degree program and identify the enrollment patterns, any special characteristics of those students, and any unique combination or modification of course offerings that may be necessary to meet student enrollment needs.

(c)  Submit a proposal to the Postsecondary Education Planning Commission requesting validation of the need for the proposed baccalaureate degree program and tentative approval for program funding. The proposal must include:

1.  A description of each proposed baccalaureate degree program identifying the junior-level and senior-level courses to be offered and designating whether the program should be offered for a cohort group or as an ongoing degree program.

2.  Evidence that local occupational forecasts support the existence of jobs for graduates of the proposed baccalaureate degree programs.

3.  An estimated number of students to be served by each proposed degree program.

4.  An assurance that the community college's existing facilities are sufficient to meet the additional demands for classroom and laboratory space for the proposed degree programs.

5.  Evidence that the college has requested the participation of no fewer than three regionally accredited 4-year postsecondary institutions, including at least one member of the State University System. Any member of the State University System and any independent, regionally accredited, 4-year institution that is chartered in, and has its primary campus located in, Florida may be a partner in a site-determined baccalaureate degree access program at any community college.

6.  A tentative agreement between the community college and the 4-year postsecondary institution selected to offer the upper-level courses leading to the proposed degree or degrees.

7.  Any additional provisions that the Postsecondary Education Planning Commission considers pertinent to the proposal.

(4)  The Postsecondary Education Planning Commission, after soliciting comments from the Board of Regents and the State Board of Community Colleges, shall validate the need for each baccalaureate degree program proposed for delivery according to this section and shall notify the community college that its proposal has been approved or rejected. The commission shall establish procedures for the timely submission, review, and approval of the proposals and agreements required by this section. These procedures must be designed to allow the initiation of approved baccalaureate degree programs at least 3 times each fiscal year.

(5)  Once the Postsecondary Education Planning Commission validates the need for the proposed baccalaureate degree program and notifies the community college that its proposal has been approved, the community college shall finalize an agreement with the regionally accredited, public or nonpublic, 4-year postsecondary institution selected to provide the upper-level instructional services in the approved baccalaureate degree program. The commission shall identify the common aspects that each agreement must address, including, but not limited to:

(a)  A course delivery pattern based on the student enrollment patterns and characteristics included in the approved proposal.

(b)  An articulation provision that guarantees acceptance of students who hold an associate in arts or associate in science degree and satisfy any other prerequisites for admission to the specific baccalaureate degree program.

(c)  The provision of library services and student support services.

(d)  An agreement that the participating 4-year postsecondary institution will continue offering instructional services at least until all qualified members of the initial group of students have had an opportunity to complete the degree program.

(e)  The specific and measurable performance criteria that the Postsecondary Education Planning Commission may use to evaluate the outcomes and outputs of the baccalaureate degree program within an identified timeframe.

(f)  An agreement that in-state student tuition for the degree program will not exceed the matriculation fee for the State University System unless the proposal approved by the Postsecondary Education Planning Commission allows the participating institutions to charge differentiated tuition and fees to encourage student attendance and participation. Out-of-state students shall pay full costs. Notwithstanding s. 240.605, students participating in a site-determined baccalaureate degree program may not receive a Florida Resident Access Grant.

(6)  Each participating community college must submit the agreement required by this section to the Postsecondary Education Planning Commission for review and final approval before initiating an approved site-determined baccalaureate degree access program. Subject to the availability of legislative appropriations specifically provided for this purpose, the Postsecondary Education Planning Commission must recommend to the Commissioner of Education the total funds to be released to each participating community college for the initiation of the approved site-determined baccalaureate degree access program. The community college shall distribute funds to the participating 4-year postsecondary institution at the rate specified in the approved agreement. The Postsecondary Education Planning Commission shall not recommend the release of funding for any program that is terminated before or after the evaluation required by this section. The total funds to be released for the initiation of an approved program shall be based on the number of fundable upper-level student credit hours for each term. Unless otherwise provided in an appropriations act, the funding per credit hour shall be an amount equal to the state funds, excluding student fees, appropriated to the State University System for each full-time equivalent student enrolled in upper-level course work. Student credit hours funded under this program may not be duplicated in any other calculation of state funding for the 4-year institution.

(7)  The Postsecondary Education Planning Commission may require the participating community colleges and 4-year postsecondary institutions to submit information necessary to monitor the annual performance of the program. Within 90 days after the 2nd and 4th year of the site-determined baccalaureate degree access program, the commission shall submit to the chairs of the education and fiscal committees of the Legislature a progress report, including an evaluation of the funding mechanism created by this section. The commission shall review each site-determined baccalaureate degree access program funded under this section to ascertain whether the performance measures specified in the agreement between the participating community college and the 4-year institution have been met. Each program must be reviewed 4 years after initiation unless a shorter timeframe is specified in the agreement. The performance measures must include the student graduation rate, the employment rate of program graduates both within and outside the community college service area, the continuing need to offer the specific baccalaureate degree program in the community college service area, and such other information as the Postsecondary Education Planning Commission may determine necessary for program and performance evaluation. Based on its evaluation, the commission shall either approve continuation of the program, require modifications prior to program approval, or recommend that the participating institutions terminate the program after all qualified members of the initial group of students have an opportunity to complete the degree program. The commission must submit to the Commissioner of Education for inclusion in the legislative budget a request for funding for approved site-determined baccalaureate degree access programs.

(8)  If no accredited 4-year institution is willing to provide a baccalaureate degree program approved by the Postsecondary Education Planning Commission under this section, the community college board of trustees may ask the commission to evaluate the college's request to offer the degree program. If the commission is satisfied that the community college should offer the degree program, it shall recommend to the Legislature the enactment of statutory authority for the community college to offer that specific baccalaureate degree program.

History.--s. 1, ch. 99-290.

240.384  Training school consolidation pilot projects.--

(1)  ESTABLISHMENT.--To consolidate and more efficiently use state and taxpayer resources by combining training programs, pilot training centers are established to provide public criminal justice training in Leon and St. Johns Counties. The following pilot training centers are established:

(a)  The Pat Thomas Center at Tallahassee Community College.

(b)  The Criminal Justice Academy at St. Johns River Community College.

(2)  EXISTING PUBLIC CRIMINAL JUSTICE TRAINING PROGRAMS.--Notwithstanding ss. 229.551(1)(g), 230.02, 230.35, and 230.64, or any other provision of law to the contrary, criminal justice training programs in the pilot counties will transfer to community colleges, effective July 1, 1999, at which time responsibility for the provision of basic recruit, advanced, career development, and continuing training courses and programs offered in public criminal justice training programs and for the operation of existing public criminal justice training programs will be shifted from the school district to the community college in whose service area the public criminal justice training program is located. Certification of the program granted by the Criminal Justice Standards and Training Commission will be transferred to the respective community college and the college must continue to meet the requirements of the commission.

(3)  FACILITIES.--

(a)  Criminal justice training program educational facilities, educational plants, and related equipment as defined in s. 235.011(6) and (7) which are owned by the state and paid for with only state funds shall be transferred to the community college, except that, if such an educational facility or educational plant or part of such facility or plant is used for other purposes in addition to public criminal justice training, the Criminal Justice Standards and Training Commission shall mediate the transfer or a suitable multiuse arrangement.

(b)  Criminal justice training program educational facilities, educational plants, and related equipment as defined in s. 235.011(6) and (7) which are owned by the school district and paid for in whole or in part with local tax funds shall be leased to the community college. However, if such an educational facility or educational plant, or part of such facility or plant, is used for other purposes in addition to public criminal justice training, the Criminal Justice Standards and Training Commission shall mediate a suitable lease agreement. If a school district and a community college cannot agree on the terms and conditions of the lease agreement, the Criminal Justice Standards and Training Commission shall finalize the agreement and report its decision to the Legislature. The Department of Education, Office of Educational Facilities, shall conduct an analysis, by December 31, 1999, to determine the amount of local tax contribution used in the construction of a school-district-owned criminal justice training program, educational facility, or educational plant affected by the transfer. This analysis shall be used to establish a purchase price for the facility or plant. The local community college district board of trustees may make a legislative budget request through the State Board of Community Colleges to purchase the facility or plant, or it may continue to lease the facility or plant.

(4)  PROGRAM REQUIREMENTS.--Each pilot training center will be regional in nature, as defined by the Criminal Justice Standards and Training Commission. Each community college with responsibility for a public criminal justice training program must:

(a)  Establish a pilot training center advisory committee made up of professionals from the field of each training program included in the pilot project.

(b)  Provide certificate and noncredit options for students and training components of the pilot training center that so require.

(c)  Develop an articulation agreement with the State University System to facilitate the transfer of graduates of a community college degree training program to the upper division of a state university with a corresponding program.

(5)  STAFFING.--The community college board of trustees may provide for school district public criminal justice training staff employed in full-time budgeted positions to be transferred into the community college personnel system at the same rate of salary. Retirement and leave provisions will be transferred according to law.

(6)  FUNDING.--Beginning July 1, 1999, the Department of Education shall shift funds generated by students in the pilot training centers established by this section, including workforce development recurring and nonrecurring funds, from the appropriate school district to the respective community college. The community college shall qualify for future facilities funding upon transfer of the facility.

(a)  Consistent with s. 236.081(7), school districts that transfer programs will receive an amount equal to 15 percent of the funding generated for the program under the FEFP in 1996-1997.

(b)  Reflecting the lower program costs in the Community College System, notwithstanding the funding generated in paragraph (a), community colleges will receive 90 percent of the funding generated for the program under the FEFP in 1996-1997. The school district will retain the remaining 10 percent.

(c)  Notwithstanding ss. 239.115(6)(a) and 239.117(6)(a), or any other provision of law to the contrary, fees for continuing workforce education for public law enforcement officers at these pilot centers shall not exceed 25 percent of the cost of the course, and state funding shall not under any circumstances exceed 50 percent of the cost of the course.

History.--s. 1, ch. 99-227.

240.40  State Student Financial Assistance Trust Fund.

240.40201  Florida Bright Futures Scholarship Program.

240.40202  Florida Bright Futures Scholarship Program; student eligibility requirements for initial awards.

240.40203  Florida Bright Futures Scholarship Program; student eligibility requirements for renewal awards.

240.40204  Florida Bright Futures Scholarship Program; eligible postsecondary education institutions.

240.40205  Florida Academic Scholars award.

240.40206  Florida Merit Scholars award.

240.40207  Florida Gold Seal Vocational Scholars award.

240.40208  Eligibility for the Florida Bright Futures Scholarship Program; transition.

240.40209  Bright Futures Scholarship recipients attending nonpublic institutions; calculation of awards.

240.40242  Use of certain scholarship funds by children of deceased or disabled veterans.

240.404  General requirements for student eligibility for state financial aid.

240.40401  Student financial assistance database.

240.4041  State financial aid; students with a disability.

240.4042  Financial aid appeal process.

240.405  Grants for teachers for special training in exceptional student education.

240.4063  Florida Teacher Scholarship and Forgivable Loan Program.

240.4064  Critical teacher shortage tuition reimbursement program.

240.4065  Critical Teacher Shortage Program.

240.4067  Medical Education Reimbursement and Loan Repayment Program.

240.40685  Certified Education Paraprofessional Welfare Transition Program.

240.4069  Virgil Hawkins Fellows Assistance Program.

240.4075  Nursing Student Loan Forgiveness Program.

240.4076  Nursing scholarship program.

240.408  Challenger Astronauts Memorial Undergraduate Scholarship Trust Fund.

240.4082  Teacher/Quest Scholarship Program.

240.409  Florida Public Student Assistance Grant Program; eligibility for grants.

240.4095  Florida Private Student Assistance Grant Program; eligibility for grants.

240.4097  Florida Postsecondary Student Assistance Grant Program; eligibility for grants.

240.4098  State student financial assistance; authorization for use in program of study in another state or foreign country.

240.40985  Elderly Education Program Grants.

240.412  Jose Marti Scholarship Challenge Grant Program.

240.4125  Mary McLeod Bethune Scholarship Program.

240.4126  Rosewood Family Scholarship Program.

240.4128  Minority teacher education scholars program.

240.4129  Florida Fund for Minority Teachers, Inc.

240.413  Seminole and Miccosukee Indian Scholarships.

240.414  Latin American and Caribbean Basin Scholarship Program.

240.4145  African and Afro-Caribbean Scholarship Program.

240.4146  Nicaraguan and Haitian Scholarship Program.

240.417  Increased registration or tuition fees for funding financial aid program.

240.418  Need-based financial aid; no preference to students receiving other aid.

240.421  Florida Council of Student Financial Aid Advisors.

240.424  Duties of the department.

240.429  Assistance programs and activities of the department.

240.431  Funding for programs administered by the department.

240.437  Student financial aid planning and development.

240.439  Student Loan Program.

240.441  Issuance of revenue bonds pursuant to s. 15, Art. VII, State Constitution.

240.447  Approval of loans; administration of program.

240.449  Loan agreements.

240.451  Terms of loans.

240.453  Rate of interest and other charges.

240.457  Procurement of insurance as security for loans.

240.459  Participation in guaranteed student loan program.

240.4595  Student Loan Operating Trust Fund.

240.461  Provisions of ss. 240.439-240.463 cumulative.

240.463  Validation of bonds.

240.465  Delinquent accounts.

240.47  Short title.

240.471  Purpose.

240.472  Definitions.

240.473  Authority; creation, membership, terms of members, expenses.

240.474  Functions and powers of authority.

240.475  Expenses of authority.

240.476  Higher education facilities authority as higher education loan authority.

240.477  Moneys, endowments, properties; acquisition, deposit, and guarantees.

240.478  Conveyance of loan funding deposit to participating institutions.

240.479  Notes of authority.

240.48  Issuance of obligations.

240.481  Trust agreement to secure obligations.

240.482  Payment of obligations.

240.483  Pledge of revenues.

240.484  Funds as trust funds.

240.485  Obligations; qualities of investment securities.

240.486  Rights of holders of obligations.

240.487  Refunding obligations; purpose, proceeds; investment of proceeds.

240.488  Investment of funds of authority.

240.489  Obligations as legal investments.

240.49  Validation of bonds and proceedings.

240.491  Actions to contest validity of bonds.

240.492  Annual report.

240.493  Act as alternative method.

240.494  State agreement.

240.495  Conflicts of interest.

240.496  Liberal construction.

240.497  Tax exemption.

240.4975  State Board of Administration authority to borrow and lend funds to finance student loans; conditions and limitations.

240.498  Florida Education Fund.

240.4986  Health Care Education Quality Enhancement Challenge Grant Program for Community Colleges.

240.4987  Florida Minority Medical Education Program.

240.4988  The Theodore R. and Vivian M. Johnson Scholarship Program.

240.4989  Educational leadership enhancement grants.

240.40  State Student Financial Assistance Trust Fund.--

(1)  The State Student Financial Assistance Trust Fund is hereby created, to be administered by the Department of Education. Funds shall be credited to the trust fund as provided in the General Appropriations Act or similar legislation, to be used for the purposes set forth therein.

(2)  ¹The department may transfer into this trust fund general revenue, private donations for the purpose of matching state funds, and federal receipts for scholarships and grant programs. An individual account code shall be established for each funded scholarship and grant program for auditing purposes.

(3)  Notwithstanding the provisions of s. 216.301, and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund and shall be available for carrying out the purposes of the trust fund.

History.--s. 1, ch. 95-226; s. 1, ch. 95-375.

¹Note.--As created by s. 1, ch. 95-375, this sentence reads: "The department is authorized to transfer general revenue, private donations, and federal receipts for scholarship and grant programs into the trust fund."

240.40201  Florida Bright Futures Scholarship Program.--

(1)  The Florida Bright Futures Scholarship Program is created to establish a lottery-funded scholarship program to reward any Florida high school graduate who merits recognition of high academic achievement and who enrolls in an eligible Florida public or private postsecondary education institution within 3 years of graduation from high school.

(2)  The Bright Futures Scholarship Program consists of three types of awards, the Florida Academic Scholarship, the Florida Merit Scholarship, and the Florida Vocational Gold Seal Scholarship.

(3)  The Department of Education shall administer the Bright Futures Scholarship Program according to rules and procedures established by the Commissioner of Education. A single application must be sufficient for a student to apply for any of the three types of awards. The department must advertise the availability of the scholarship program and must notify students, teachers, parents, guidance counselors, and principals or other relevant school administrators of the criteria and application procedures. The department must begin this process of notification no later than January 1 of each year.

(4)  Funding for the Bright Futures Scholarship Program must be allocated from the Education Enhancement Trust Fund and must be provided before allocations from that fund are calculated for disbursement to other educational entities.

(a)  If funds appropriated are not adequate to provide the maximum allowable award to each eligible applicant, awards in all three components of the program must be prorated using the same percentage reduction.

(b)  Notwithstanding s. 216.301, if all funds allocated to the Bright Futures Scholarship Program are not used in any fiscal year, up to 10 percent of the total allocation may be carried forward and used for awards in the following year.

(5)  The department shall issue awards from the scholarship program annually. Annual awards may be for up to 45 semester credit hours or the equivalent. Before the registration period each semester, the department shall transmit payment for each award to the president or director of the postsecondary education institution, or his or her representative, except that the department may withhold payment if the receiving institution fails to report or to make refunds to the department as required in this act.

(a)  Within 30 days after the end of regular registration each semester, the educational institution shall certify to the department the eligibility status of each student who receives an award. After the end of the drop and add period, an institution is not required to reevaluate or revise a student's eligibility status, but must make a refund to the department if a student who receives an award disbursement terminates enrollment for any reason during an academic term and a refund is permitted by the institution's refund policy.

(b)  An institution that receives funds from the program shall certify to the department the amount of funds disbursed to each student and shall remit to the department any undisbursed advances within 60 days after the end of regular registration.

(c)  Each institution that receives moneys through this program shall prepare an annual report that includes an independent external audit or an audit prepared by the Office of the Auditor General. The report shall include an audit of the institution's administration of the program and a complete accounting of the moneys for the program. This report must be submitted to the department annually by March 1. The department may conduct its own annual audit of an institution's administration of the program. The department may request a refund of any moneys overpaid to the institution for the program. The department may suspend or revoke an institution's eligibility to receive future moneys for the program if the department finds that an institution has not complied with this section. The institution must remit within 60 days any refund requested in accordance with this subsection.

(6)  A student enrolled in 6 to 8 semester credit hours may receive up to one-half of the maximum award; a student enrolled in 9 to 11 credit hours may receive up to three-fourths of the maximum award; and a student enrolled in 12 or more credit hours may receive up to the full award.

(7)  A student may receive only one type of award from the Florida Bright Futures Scholarship Program at a time, but may transfer from one type of award to another through the renewal application process, if the student's eligibility status changes. However, a student is not eligible to transfer from a Florida Merit Scholarship or a Florida Vocational Gold Seal Scholarship to a Florida Academic Scholarship. A student who receives an award from the program may also receive a federal family education loan or a federal direct loan, and the value of the award must be considered in the certification or calculation of the student's loan eligibility.

(8)  If a recipient transfers from one eligible institution to another and continues to meet eligibility requirements, the award must be transferred with the student.

(9)  A student may use an award for summer term enrollment if funds are available.

(10)  Funds from any scholarship within the Florida Bright Futures Scholarship Program may not be used to pay for remedial or college-preparatory coursework.

History.--s. 2, ch. 97-77.

240.40202  Florida Bright Futures Scholarship Program; student eligibility requirements for initial awards.--

(1)  To be eligible for an initial award from any of the three types of scholarships under the Florida Bright Futures Scholarship Program, a student must:

(a)  Be a Florida resident as defined in s. 240.404 and rules of the State Board of Education.

(b)  Earn a standard Florida high school diploma or its equivalent as described in s. 232.246 or s. 229.814 unless:

1.  The student is enrolled full time in the early admission program of an eligible postsecondary education institution or completes a home education program according to s. 232.0201; or

2.  The student earns a high school diploma from a non-Florida school while living with a parent or guardian who is on military or public service assignment away from Florida.

(c)  Be accepted by and enroll in an eligible Florida public or independent postsecondary education institution.

(d)  Be enrolled for at least 6 semester credit hours or the equivalent in quarter hours or clock hours.

(e)  Not have been found guilty of, or plead nolo contendere to, a felony charge, unless the student has been granted clemency by the Governor and Cabinet sitting as the Executive Office of Clemency.

(f)  Apply for a scholarship from the program by April 1 of the last semester before high school graduation.

(2)  A student is eligible to accept an initial award for 3 years following high school graduation and to accept a renewal award for 7 years following high school graduation. A student who applies for an award by April 1 and who meets all other eligibility requirements, but who does not accept his or her award, may reapply during subsequent application periods up to 3 years after high school graduation.

(3)  For purposes of calculating the grade point average to be used in determining initial eligibility for a Florida Bright Futures scholarship, the department shall assign additional weights to grades earned in the following courses:

(a)  Courses identified in the course code directory as Advanced Placement, pre-International Baccalaureate, or International Baccalaureate.

(b)  Courses designated as academic dual enrollment courses in the statewide course numbering system.

The department may assign additional weights to courses, other than those described in paragraphs (a) and (b), that are identified by the Articulation Coordinating Committee as containing rigorous academic curriculum and performance standards. The additional weight assigned to a course pursuant to this subsection shall not exceed 0.5 per course. The weighted system shall be developed and distributed to all high schools in the state prior to January 1, 1998. The department may determine a student's eligibility status during the senior year before graduation and may inform the student of the award at that time.

(4)  A student who wishes to qualify for a particular award within the Florida Bright Futures Scholarship Program, but who does not meet all of the requirements for that level of award, may, nevertheless, receive the award if the principal of the student's school or the district superintendent verifies that the deficiency is caused by the fact that school district personnel provided inaccurate or incomplete information to the student. The school district must provide a means for the student to correct the deficiencies and the student must correct them, either by completing comparable work at the postsecondary institution or by completing a directed individualized study program developed and administered by the school district. If the student does not complete the requirements by December 31 immediately following high school graduation, the student is ineligible to participate in the program.

History.--s. 3, ch. 97-77; s. 1, ch. 97-379; s. 10, ch. 98-272.

240.40203  Florida Bright Futures Scholarship Program; student eligibility requirements for renewal awards.--

(1)  To be eligible to renew a scholarship from any of the three types of scholarships under the Florida Bright Futures Scholarship Program, a student must:

(a)  Complete at least 12 semester credit hours or the equivalent in the last academic year in which the student earned a scholarship.

(b)  Maintain the cumulative grade point average required by the scholarship program, except that:

1.  If a recipient's grades fall beneath the average required to renew a Florida Academic Scholarship, but are sufficient to renew a Florida Merit Scholarship or a Florida Vocational Gold Seal Scholarship, the Department of Education may grant a renewal from one of those other scholarship programs, if the student meets the renewal eligibility requirements; or

2.  If, at any time during the eligibility period, a student's grades are insufficient to renew the scholarship, the student may restore eligibility by improving the grade point average to the required level. A student is eligible for such a reinstatement only once. The Legislature encourages education institutions to assist students to calculate whether or not it is possible to raise the grade point average during the summer term. If the institution determines that it is possible, the education institution may so inform the department, which may reserve the student's award if funds are available. The renewal, however, must not be granted until the student achieves the required cumulative grade point average. If the summer term is not sufficient to raise the grade point average to the required renewal level, the student's next opportunity for renewal is the fall semester of the following academic year.

(2)  A student who is enrolled in a program that terminates in an associate degree or a baccalaureate degree may receive an award for a maximum of 110 percent of the number of credit hours required to complete the program. A student who is enrolled in a program that terminates in a technical certificate may receive an award for a maximum of 110 percent of the credit hours or clock hours required to complete the program up to 90 credit hours. A student who transfers from one of these program levels to another becomes eligible for the higher of the two credit hour limits.

History.--s. 4, ch. 97-77.

240.40204  Florida Bright Futures Scholarship Program; eligible postsecondary education institutions.--A student is eligible for an award or the renewal of an award from the Florida Bright Futures Scholarship Program if the student meets the requirements for the program as described in this act and is enrolled in a postsecondary education institution that meets the description in any one of the following subsections:

(1)  A Florida public university, community college, or technical center.

(2)  An independent Florida college or university that is accredited by a member of the Commission on Recognition of Postsecondary Accreditation and which has operated in the state for at least 3 years.

(3)  An independent Florida postsecondary education institution that is licensed by the State Board of Independent Colleges and Universities and which:

(a)  Shows evidence of sound financial condition; and

(b)  Has operated in the state for at least 3 years without having its approval, accreditation, or license placed on probation.

(4)  A Florida independent postsecondary education institution that offers a nursing diploma approved by the Board of Nursing.

(5)  A Florida independent postsecondary education institution that is licensed by the State Board of Nonpublic Career Education and which:

(a)  Has a program completion and placement rate of at least the rate required by the current Florida Statutes, the Florida Administrative Code, or the Department of Education for an institution at its level; and

(b)  Shows evidence of sound financial condition; and either:

1.  Is accredited at the institutional level by an accrediting agency recognized by the United States Department of Education and has operated in the state for at least 3 years during which there has been no complaint for which probable cause has been found; or

2.  Has operated in Florida for 5 years during which there has been no complaint for which probable cause has been found.

History.--s. 5, ch. 97-77; s. 27, ch. 98-421.

240.40205  Florida Academic Scholars award.--

(1)  A student is eligible for a Florida Academic Scholars award if the student meets the general eligibility requirements for the Florida Bright Futures Scholarship Program and the student:

(a)  Has achieved a 3.5 weighted grade point average as calculated pursuant to s. 240.40202, or its equivalent, in high school courses that are adopted by the Board of Regents and recommended by the State Board of Community Colleges as college-preparatory academic courses; and

(b)  Has attained at least the score identified by rules of the Department of Education on the combined verbal and quantitative parts of the Scholastic Aptitude Test, the Scholastic Assessment Test, or the recentered Scholastic Assessment Test of the College Entrance Examination, or an equivalent score on the American College Testing Program; or

(c)  Has attended a home education program according to s. 232.0201 during grades 11 and 12 or has completed the International Baccalaureate curriculum but failed to earn the International Baccalaureate Diploma, and has attained at least the score identified by rules of the Department of Education on the combined verbal and quantitative parts of the Scholastic Aptitude Test, the Scholastic Assessment Test, or the recentered Scholastic Assessment Test of the College Entrance Examination, or an equivalent score on the American College Testing Program; or

(d)  Has been awarded an International Baccalaureate Diploma from the International Baccalaureate Office; or

(e)  Has been recognized by the merit or achievement programs of the National Merit Scholarship Corporation as a scholar or finalist.

Effective with the 1998-1999 school year, a student must complete a program of community service work, as approved by the district school board or the administrators of a nonpublic school, which shall include a minimum of 75 hours of service work and require the student to identify a social problem that interests him or her, develop a plan for his or her personal involvement in addressing the problem, and, through papers or other presentations, evaluate and reflect upon his or her experience.

(2)  A Florida Academic Scholar who is enrolled in a public postsecondary education institution is eligible for an award equal to the amount required to pay matriculation, fees, and $600 for college-related expenses annually. A student who is enrolled in a nonpublic postsecondary education institution is eligible for an award equal to the amount that would be required to pay for the average matriculation and fees of a public postsecondary education institution at the comparable level, plus the annual $600.

(3)  To be eligible for a renewal award as a Florida Academic Scholar, a student must maintain the equivalent of a grade point average of 3.0 on a 4.0 scale for all postsecondary education work attempted, with an opportunity for one reinstatement as provided in this act.

(4)  In each school district, the Florida Academic Scholar with the highest academic ranking shall receive an additional award of $1,500 for college-related expenses. This award must be funded from the Florida Bright Futures Scholarship Program.

History.--s. 6, ch. 97-77; s. 2, ch. 97-379; s. 11, ch. 98-272.

240.40206  Florida Merit Scholars award.--

(1)  A student is eligible for a Florida Merit Scholars award if the student meets the general eligibility requirements for the Florida Bright Futures Scholarship Program and the student:

(a)  Has achieved a weighted grade point average of 3.0 as calculated pursuant to s. 240.40202, or the equivalent, in high school courses that are adopted by the Board of Regents and recommended by the State Board of Community Colleges as college-preparatory academic courses; and

(b)  Has attained at least the score identified by rules of the Department of Education on the combined verbal and quantitative parts of the Scholastic Aptitude Test, the Scholastic Assessment Test, or the recentered Scholastic Assessment Test of the College Entrance Examination, or an equivalent score on the American College Testing Program; or

(c)  Has attended a home education program according to s. 232.0201 during grades 11 and 12 or has completed the International Baccalaureate curriculum but failed to earn the International Baccalaureate Diploma, and has attained at least the score identified by rules of the Department of Education on the combined verbal and quantitative parts of the Scholastic Aptitude Test, the Scholastic Assessment Test, or the recentered Scholastic Assessment Test of the College Entrance Examination, or an equivalent score on the American College Testing Program.

(2)  A Florida Merit Scholar is eligible for an award equal to the amount required to pay 75 percent of matriculation and fees, if the student is enrolled in a public postsecondary education institution. A student who is enrolled in a nonpublic postsecondary education institution is eligible for an award equal to the amount that would be required to pay 75 percent of the matriculation and fees of a public postsecondary education institution at the comparable level.

(3)  To be eligible for a renewal award as a Florida Merit Scholar, a student must maintain the equivalent of a grade point average of 2.75 on a 4.0 scale for all postsecondary education work attempted, with an opportunity for reinstatement one time as provided in this act.

History.--s. 7, ch. 97-77; s. 3, ch. 97-379; s. 12, ch. 98-272.

240.40207  Florida Gold Seal Vocational Scholars award.--The Florida Gold Seal Vocational Scholars award is created within the Florida Bright Futures Scholarship Program to recognize and reward academic achievement and vocational preparation by high school students who wish to continue their education.

(1)  A student is eligible for a Florida Gold Seal Vocational Scholars award if the student meets the general eligibility requirements for the Florida Bright Futures Scholarship Program and the student:

(a)  Completes the secondary school portion of a sequential program of studies that requires at least three secondary school vocational credits taken over at least 2 academic years, and is continued in a planned, related postsecondary education program. If the student's school does not offer such a two-plus-two or tech-prep program, the student must complete a job-preparatory career education program selected by the Occupational Forecasting Conference or the Workforce Development Board of Enterprise Florida for its ability to provide high-wage employment in an occupation with high potential for employment opportunities. On-the-job training may not be substituted for any of the three required vocational credits.

(b)  Demonstrates readiness for postsecondary education by earning a passing score on the Florida College Entry Level Placement Test or its equivalent as identified by the Department of Education.

(c)  Earns a minimum cumulative weighted grade point average of 3.0, as calculated pursuant to s. 240.40202, on all subjects required for a standard high school diploma, excluding elective courses.

(d)  Earns a minimum unweighted grade point average of 3.5 on a 4.0 scale for secondary vocational courses comprising the vocational program.

(e)  Completes the requirements of a vocational-ready diploma program, as defined by rules of the State Board of Education.

(2)  A Florida Gold Seal Vocational Scholar is eligible for an award equal to the amount required to pay 75 percent of matriculation and fees, if the student is enrolled in a public postsecondary education institution. A student who is enrolled in a nonpublic postsecondary education institution is eligible for an award equal to the amount that would be required to pay 75 percent of the matriculation and mandatory fees of a public postsecondary education institution at the comparable level.

(3)  To be eligible for a renewal award as a Florida Gold Seal Vocational Scholar, a student must maintain the equivalent of a grade point average of 2.75 on a 4.0 scale for all postsecondary education work attempted, with an opportunity for reinstatement one time as provided in this act.

(4)  A student may earn a Florida Gold Seal Vocational Scholarship for 110 percent of the number of credit hours required to complete the program, up to 90 credit hours or the equivalent. A Florida Gold Seal Scholar who has a cumulative grade point average of 2.75 in all postsecondary education work attempted may apply for a Florida Merit Scholars award at any renewal period. All other provisions of that program apply, and the credit-hour limitation must be calculated by subtracting from the student's total eligibility the number of credit hours the student attempted while earning the Gold Seal Vocational Scholarship.

History.--s. 8, ch. 97-77; s. 4, ch. 97-379.

240.40208  Eligibility for the Florida Bright Futures Scholarship Program; transition.--

(1)  A student who graduates from high school in 1997 or earlier and who is eligible for the Florida Undergraduate Scholar's Program pursuant to ¹s. 240.402 is eligible for the Florida Academic Scholars award as provided in this act. A student who graduates from high school in 1998 or 1999 is eligible for the Florida Academic Scholars award if the student meets the criteria in s. 240.40205. However, in lieu of satisfying the requirements set forth in s. 240.40205(1)(a) and (b), a student may meet the following criteria:

(a)  Complete a program of at least 24 credits in advanced-level studies as prescribed by the State Board of Education, including as a minimum:

1.  Four years of progressively advanced instruction in language arts, including courses in English composition and literature.

2.  Four years of progressively advanced instruction in science, including laboratory courses in biology, chemistry, and physics where laboratory facilities are available.

3.  Four years of progressively advanced instruction in mathematics, including courses in algebra, geometry, and calculus or trigonometry.

4.  Two years of sequential foreign language.

5.  One year of instruction in art and music or in either art or music.

6.  Three years of instruction in social studies, including courses in American history and government, world history, and comparative political and economic systems.

7.  One year of instruction in health and physical education to include assessment, improvement, and maintenance of personal fitness.

(b)  Obtain at least the equivalent of an unweighted grade point average of 3.0 on a 4.0 scale for all courses taken for which high school credit may be granted.

(c)  Achieve a score of 1180 on the combined verbal and quantitative parts of the Scholastic Aptitude Test, the Scholastic Assessment Test, or the recentered Scholastic Assessment Test of the College Entrance Examination, or an equivalent score on the American College Testing Program or an equivalent program.

(d)  Complete a program of community service work, as approved by the district school board or the administrators of a nonpublic school, which shall include a minimum of 75 hours of service work and require the student to identify a social problem that interests him or her, develop a plan for his or her personal involvement in addressing the problem, and, through papers or other presentations, evaluate and reflect upon his or her experience.

Students who graduate from high school after 1999 must meet the eligibility criteria pursuant to s. 240.40205.

(2)  A student who graduates from high school in 1997 or earlier and who is eligible for the Florida Vocational Gold Seal Endorsement Scholarship award pursuant to s. 240.4021 is eligible for the Florida Gold Seal Vocational Scholars award as provided in this act. A student who graduates from high school in 1998 or 1999 is eligible for the Florida Gold Seal Vocational Scholars award if the student meets the criteria in s. 240.40207. However, in lieu of satisfying the grade point average requirement set forth in s. 240.40207(1)(c), a student may earn a minimum cumulative unweighted grade point average of 3.0 on a 4.0 scale on all subjects required for a standard high school diploma. Students who graduate from high school after 1999 must meet the eligibility criteria pursuant to s. 240.40207.

(3)  Effective for the 1997-1998 academic year, a student is eligible for an initial award of a Florida Merit Scholarship if the student:

(a)1.  Is scheduled to graduate from high school in 1997;

2.  Completes, or is enrolled in all courses required to complete, the high school college-preparatory coursework required in this act;

3.  Achieves an unweighted grade point average of 3.0 on a 4.0 scale, or the equivalent, in high school courses that are adopted by the Board of Regents and recommended by the State Board of Community Colleges as college-preparatory academic courses; and

4.  Earns a score of 970 or above on the combined verbal and quantitative parts of the recentered Scholastic Assessment Test of the College Entrance Examination, or an equivalent score on the American College Testing Program; or

(b)  Has completed a college-preparatory curriculum in 1997 through an approved home school program and has attained a score of 970 on the combined verbal and quantitative parts of the recentered Scholastic Assessment Test of the College Entrance Examination, or an equivalent score on the American College Testing Program. Eligibility shall be determined in the same manner as for public school students. For students whose parents are unable to document a college-preparatory curriculum, a score of 1070 on the SAT, or equivalent score on the ACT, shall be required for award eligibility.

(4)  To enable this act to be implemented during 1997 and 1998, the Department of Education and eligible postsecondary education institutions may adjust time limits imposed by law and rule so as to allow students and their high schools maximum opportunity to prepare applications for initial and renewal awards for students made eligible for a scholarship under this act.

History.--s. 9, ch. 97-77; s. 5, ch. 97-379.

¹Note.--Repealed by s. 11, ch. 97-77.

240.40209  Bright Futures Scholarship recipients attending nonpublic institutions; calculation of awards.--Notwithstanding ss. 240.40201, 240.40205, 240.40206, and 240.40207, a student who receives any award under the Florida Bright Futures Scholarship Program, who is enrolled in a nonpublic postsecondary education institution, and who is assessed tuition and fees that are the same as those of a full-time student at that institution, shall receive a fixed award calculated by using the average matriculation and fee calculation for full-time attendance at a public postsecondary education institution at the comparable level. If the student is enrolled part-time and is assessed tuition and fees at a reduced level, the award shall be either one-half of the maximum award or three-fourths of the maximum award, depending on the level of fees assessed.

History.--s. 6, ch. 97-379.

240.40242  Use of certain scholarship funds by children of deceased or disabled veterans.--The criteria for the use of scholarship funds which apply to students under the Florida Bright Futures Scholarship Program shall also apply to the children of deceased or disabled veterans who receive scholarships under chapter 295.

History.--s. 3, ch. 96-341; s. 15, ch. 97-77.

240.404  General requirements for student eligibility for state financial aid.--

(1)(a)  The general requirements for eligibility of students for state financial aid awards consist of the following:

1.  Achievement of the academic requirements of and acceptance at a state university or community college; a nursing diploma school approved by the Florida Board of Nursing; a Florida college, university, or community college which is accredited by a member of the Commission on Recognition of Postsecondary Accreditation; any Florida institution the credits of which are acceptable for transfer to state universities; any area technical center; or any private vocational-technical institution accredited by a member of the Commission on Recognition of Postsecondary Accreditation.

2.  Residency in this state for no less than 1 year preceding the award of aid for a program established pursuant to s. 240.409, s. 240.4095, s. 240.4097, s. 240.412, s. 240.4125, s. 240.413, s. 240.4987, s. 240.605, or s. 240.606. Residency in this state must be for purposes other than to obtain an education. Resident status for purposes of receiving state financial aid awards shall be determined in the same manner as resident status for tuition purposes pursuant to s. 240.1201 and rules of the State Board of Education.

3.  Submission of certification attesting to the accuracy, completeness, and correctness of information provided to demonstrate a student's eligibility to receive state financial aid awards. Falsification of such information shall result in the denial of any pending application and revocation of any award currently held to the extent that no further payments shall be made. Additionally, students who knowingly make false statements in order to receive state financial aid awards shall be guilty of a misdemeanor of the second degree subject to the provisions of s. 837.06 and shall be required to return all state financial aid awards wrongfully obtained.

(b)1.  Eligibility for the renewal of undergraduate financial aid awards shall be evaluated at the end of the second semester or third quarter of each academic year. As a condition for renewal, a student shall:

a.  Have earned a minimum cumulative grade point average of 2.0 on a 4.0 scale; and

b.  Have earned, for full-time study, 12 credits per term or the equivalent for the number of terms for which aid was received.

2.  A student who earns the minimum number of credits required for renewal, but who fails to meet the minimum 2.0 cumulative grade point average, may be granted a probationary award for up to the equivalent of 1 academic year and shall be required to earn a cumulative grade point average of 2.0 on a 4.0 scale by the end of the probationary period to be eligible for subsequent renewal. A student who receives a probationary award and who fails to meet the conditions for renewal by the end of his or her probationary period shall be ineligible to receive additional awards for the equivalent of 1 academic year following his or her probationary period. Each such student may, however, reapply for assistance during a subsequent application period and may be eligible for an award if he or she has earned a cumulative grade point average of 2.0 on a 4.0 scale.

3.  A student who fails to earn the minimum number of credits required for renewal shall lose his or her eligibility for renewal for a period equivalent to 1 academic year. However, the student may reapply during a subsequent application period and may be eligible for an award if he or she has earned a minimum cumulative grade point average of 2.0 on a 4.0 scale.

4.  Students who receive state student aid and subsequently fail to meet state academic progress requirements due to verifiable illness or other emergencies may be granted an exception from the academic requirements. Such students shall make a written appeal to the institution. The appeal shall include a description and verification of the circumstances. Verification of illness or other emergencies may include but not be limited to a physician's statement or written statement of a parent or college official. The institution shall recommend exceptions with necessary documentation to the department. The department may accept or deny such recommendations for exception from the institution.

(2)  These requirements do not preclude higher standards specified in other sections of this part, in rules of the state board, or in rules of a participating institution.

(3)  Undergraduate students shall be eligible to receive financial aid for a maximum of 8 semesters or 12 quarters. However, undergraduate students participating in college-preparatory instruction, students requiring additional time to complete the college-level communication and computation skills testing programs, or students enrolled in a 5-year undergraduate degree program shall be eligible to receive financial aid for a maximum of 10 semesters or 15 quarters.

(4)  No student shall be eligible to receive more than one state scholarship that is based on academic merit. Students who qualify for more than one such scholarship shall be notified of all awards for which they qualify and shall be provided the opportunity to accept one of their choosing.

History.--s. 4, ch. 83-291; s. 42, ch. 84-336; s. 4, ch. 86-195; s. 28, ch. 86-225; s. 9, ch. 89-207; s. 8, ch. 89-367; s. 2, ch. 90-236; s. 16, ch. 90-302; s. 4, ch. 92-144; s. 9, ch. 94-310; s. 81, ch. 95-143; s. 822, ch. 95-148; s. 14, ch. 97-77; s. 9, ch. 97-169; s. 14, ch. 97-246.

240.40401  Student financial assistance database.--

(1)  The Department of Education, in conjunction with the Florida Council of Student Financial Aid Advisors, staff of the Executive Office of the Governor, the Legislature, the Postsecondary Education Planning Commission, the Board of Regents, the State Board of Community Colleges, and the three largest student loan lenders by volume serving Florida students as of the effective date of this act, shall design a student financial assistance database that can be used to support all aspects of the administration and delivery of state-funded student financial aid. In addition, the database must have the capability of providing policymakers with comprehensive information regarding the various financial assistance programs available to students attending Florida postsecondary education institutions.

(2)  For purposes of this section, financial assistance includes:

(a)  For all students, any scholarship, grant, loan, fee waiver, tuition assistance payment, or other form of compensation provided from state or federal funds.

(b)  For students attending public institutions, any scholarship, grant, loan, fee waiver, tuition assistance payment, or other form of compensation supported by institutional funds.

(3)  The database must include records on any student receiving any form of financial assistance as described in subsection (2). Institutions participating in any state financial assistance program shall annually submit such information to the Department of Education in a format prescribed by the department and consistent with the provisions of s. 228.093.

(4)  By December 1, 1997, the Department of Education shall provide to the President of the Senate and the Speaker of the House of Representatives a progress report on the development of the database. The progress report must identify components of the database and provide a timeframe for implementation.

History.--s. 1, ch. 97-169.

240.4041  State financial aid; students with a disability.--Notwithstanding the provisions of s. 240.404(1)(b)1.b. regarding the number of credits earned per term, or other financial aid eligibility requirements related to the number of required credits earned per term, a student with a documented disability, as defined by the Americans with Disabilities Act, shall be eligible to be considered for state financial aid while attending an eligible postsecondary institution on a part-time basis. The State Board of Education shall establish the necessary criteria for documentation of the student's disability and the postsecondary institution shall make the determination as to whether or not the disability is such that part-time status is a necessary accommodation. For the purposes of this section, financial aid funds may be prorated based on the number of credit hours taken.

History.--s. 10, ch. 97-169; s. 33, ch. 97-246.

240.4042  Financial aid appeal process.--

(1)  The State Board of Education shall adopt, by rule, a procedure for the appeal of errors in eligibility determinations, or failure to transfer awards between eligible institutions, made by the Office of Student Financial Assistance, Department of Education, regarding applicants' eligibility for receiving state student financial aid awards. The procedure must provide for establishment of a committee to consider appeals that are not resolved by other administrative action. Each committee must be comprised of four members appointed by the Commissioner of Education, including one representative of the Office of Student Financial Assistance; two practicing financial aid administrators from public or private postsecondary institutions in this state, one of whom must be from an institution other than one to which the applicant is seeking admission; and one student enrolled in a public postsecondary institution in this state, nominated by the Florida Student Association. An applicant for state student financial aid who believes an error has been made in determining eligibility for student financial assistance or who believes the department has failed to transfer an award between eligible institutions may appeal the decision in writing to the Office of Student Financial Assistance. The Office of Student Financial Assistance shall investigate the complaint and take appropriate action within 30 days after its receipt of the appeal. If the student wishes further review of the appeal, the Office of Student Financial Assistance shall forward the appeal to the committee. Within 30 days after the receipt of a request for a hearing, a final decision shall be rendered by the committee established under this section, and a copy of the decision shall be provided to the applicant. The decision rendered by the committee constitutes final agency action. A description of the financial aid appeals process shall be included in the application form for each state student financial aid program.

(2)  The president of each state university and each community college shall establish a procedure for appeal, by students, of grievances related to the award or administration of financial aid at the institution.

(3)  A student involved in a financial aid appeal proceeding is eligible for a deferral of registration and fee payments pursuant to s. 240.235(2).

History.--s. 1, ch. 91-233.

240.405  Grants for teachers for special training in exceptional student education.--

(1)  The Department of Education is authorized to make grants to teachers for special training in exceptional student education to meet professional requirements with respect thereto, and the department is responsible for the administration of such program.

(2)  These grants are limited to teachers who:

(a)  Hold a full-time contract to teach in a district school system, a state-operated or state-supported program, or an agency or organization under contract with the Department of Education;

(b)  Hold a valid Florida educator's certificate that does not reflect an exceptional-student-education coverage or endorsement that is appropriate for the teacher's assignment; and

(c)  Satisfactorily complete the eligible courses.

(3)  Grant amounts are to be determined on the basis of rates established by the Department of Education.

(4)  The Department of Education shall administer this program under rules established by the state board.

History.--s. 1, ch. 63-561; s. 19, ch. 67-387; s. 2, ch. 69-180; ss. 15, 35, ch. 69-106; s. 70, ch. 77-104; s. 68, ch. 79-222; s. 115, ch. 83-217; s. 5, ch. 83-291; s. 30, ch. 86-156; s. 9, ch. 94-303.

Note.--Former s. 239.371.

240.4063  Florida Teacher Scholarship and Forgivable Loan Program.--

(1)  There is created the Florida Teacher Scholarship and Forgivable Loan Program to be administered by the Department of Education. The program shall provide scholarship assistance to eligible students for lower-division undergraduate study and loan assistance to eligible students for upper-division undergraduate and graduate study. The primary purpose of the program is to attract capable and promising students to the teaching profession, attract teachers to areas of projected or current critical teacher shortage, attract liberal arts and science graduates to teaching, and provide opportunity for persons making midcareer decisions to enter the teaching profession. The State Board of Education shall adopt rules necessary to administer the program and shall annually identify critical teacher shortage areas.

(2)  Within the Florida Teacher Scholarship and Forgivable Loan Program shall be established the "Chappie" James Most Promising Teacher Scholarship which shall be offered to a top graduating senior from each public secondary school in the state. An additional number of "Chappie" James Most Promising Teacher Scholarship awards shall be offered annually to graduating seniors from nonpublic secondary schools in the state which are listed with the Department of Education and accredited by the Southern Association of Colleges and Schools or any other private statewide accrediting agency which makes public its standards, procedures, and member schools. The nonpublic secondary schools shall be in compliance with regulations of the Office for Civil Rights. The number of awards to nonpublic secondary school students shall be proportional to the number of awards available to public secondary school students and shall be calculated as the ratio of the number of nonpublic to public secondary school seniors in the state multiplied by the number of public secondary schools in the state.

(a)  The scholarship may be used for attendance at a state university, a community college, or an independent institution as defined in s. 240.605.

(b)  The amount of the scholarship is $1,500 and may be renewed for 1 year if the student earns a 2.5 cumulative grade point average and 12 credit hours per term and meets the eligibility requirements for renewal of the award.

(c)  To be eligible for the scholarship, a student shall: be ranked within the top quartile of the senior class; have been an active member of a high school future teacher organization, if such organization exists in the student's school; have earned a minimum unweighted cumulative grade point average of 3.0 on a 4.0 scale; file an application within the application period; meet the general requirements for student eligibility as provided in s. 240.404, except as otherwise provided in this section; and have the intent to enter the public teaching profession in Florida.

(d)  Three candidates from each public secondary school and one candidate from each nonpublic secondary school in the state shall be nominated by the principal and a committee of teachers, based on criteria which shall include, but need not be limited to, rank in class, standardized test scores, cumulative grade point average, extracurricular activities, letters of recommendation, an essay, and a declaration of intention to teach in a public school in the state.

(e)  From public secondary school nominees, the Commissioner of Education shall select a graduating senior from each public high school to receive a scholarship. Selection of recipients from nonpublic secondary schools shall be made by a committee appointed by the Commissioner of Education comprised of representatives from nonpublic secondary schools and the Department of Education.

(f)  Fifteen percent of scholarships awarded shall be to minority students. However, in the event that fewer than 15 percent of the total eligible nominees are minority students, the commissioner may allocate all award funds as long as a scholarship loan is reserved for each eligible minority nominee.

(3)(a)  Within the Florida Teacher Scholarship and Forgivable Loan Program shall be established the Florida Critical Teacher Shortage Forgivable Loan Program which shall make undergraduate and graduate forgivable loans available to eligible students entering programs of study that lead to a degree in a teaching program in a critical teacher shortage area. To be eligible for a program loan, a candidate shall:

1.  Be a full-time student at the upper-division undergraduate or graduate level in a teacher training program approved by the department pursuant to s. 240.529 leading to certification in a critical teacher shortage subject area.

2.  Have declared an intent to teach, for at least the number of years for which a forgivable loan is received, in public elementary or secondary schools of Florida in a critical teacher shortage area identified by the State Board of Education.

3.  Meet the general requirements for student eligibility as provided in s. 240.404, except as otherwise provided in this section.

4.  If applying for an undergraduate forgivable loan, have maintained a minimum cumulative grade point average of 2.5 on a 4.0 scale for all undergraduate work. Renewal applicants for undergraduate loans shall maintain a minimum cumulative grade point average of at least a 2.5 on a 4.0 scale for all undergraduate work and have earned at least 12 semester credits per term, or the equivalent.

5.  If applying for a graduate forgivable loan, have maintained an undergraduate cumulative grade point average of at least a 3.0 on a 4.0 scale or have attained a Graduate Record Examination score of at least 1,000. Renewal applicants for graduate loans shall maintain a minimum cumulative grade point average of at least a 3.0 on a 4.0 scale for all graduate work and have earned at least 9 semester credits per term, or the equivalent.

(b)  An undergraduate forgivable loan may be awarded for 2 undergraduate years, not to exceed $4,000 per year, or for a maximum of 3 years for programs requiring a fifth year of instruction to obtain initial teaching certification.

(c)  A graduate forgivable loan may be awarded for 2 graduate years, not to exceed $8,000 per year. In addition to meeting criteria specified in paragraph (a), a loan recipient at the graduate level shall:

1.  Hold a bachelor's degree from any college or university accredited by a regional accrediting association as defined by State Board of Education rule 6A-4.003.

2.  Not already hold a teaching certificate resulting from an undergraduate degree in education in an area of critical teacher shortage as designated by the State Board of Education.

3.  Not have received an undergraduate forgivable loan as provided for in paragraph (b).

(d)  Recipients of the Paul Douglas Teacher Scholarship Loan Program as authorized under title IV, part D, subpart 1 of the Higher Education Act of 1965, as amended, shall not be eligible to participate in the Florida Critical Teacher Shortage Forgivable Loan Program.

(e)  The State Board of Education shall adopt by rule repayment schedules and applicable interest rates under ss. 240.451 and 240.465. A forgivable loan must be repaid within 10 years of completion of a program of studies.

1.  Credit for repayment of an undergraduate or graduate forgivable loan shall be in an amount not to exceed $4,000 in loan principal plus applicable accrued interest for each full year of eligible teaching service. However, credit in an amount not to exceed $8,000 in loan principal plus applicable accrued interest shall be given for each full year of eligible teaching service completed at a high-density, low-economic urban school or at a low-density, low-economic rural school, as identified by the State Board of Education.

2.  Any forgivable loan recipient who fails to teach in a public elementary or secondary school in this state as specified in this subsection is responsible for repaying the loan plus accrued interest at 8 percent annually.

3.  Forgivable loan recipients may receive loan repayment credit for teaching service rendered at any time during the scheduled repayment period. However, such repayment credit shall be applicable only to the current principal and accrued interest balance that remains at the time the repayment credit is earned. No loan recipient shall be reimbursed for previous cash payments of principal and interest.

(f)  Funds appropriated by the Legislature for the program shall be deposited in the State Student Financial Assistance Trust Fund.

History.--s. 5, ch. 92-144; s. 6, ch. 95-376; s. 39, ch. 95-392; s. 19, ch. 99-13.

240.4064  Critical teacher shortage tuition reimbursement program.--

(1)  A critical teacher shortage tuition reimbursement program shall be established for the purpose of improving the skills and knowledge of current teachers or persons preparing to teach in critical teacher shortage areas.

(2)  The State Board of Education shall adopt rules to implement the critical teacher shortage tuition reimbursement program. Any full-time public school employee or developmental research school employee certified to teach in this state is eligible for the program. For the purposes of this program, tuition reimbursement shall be limited to courses in critical teacher shortage areas as determined by the State Board of Education. Such courses shall be:

(a)  Graduate-level courses leading to a master's, specialist, or doctoral degree;

(b)  Graduate-level courses leading to a new certification area; or

(c)  State-approved undergraduate courses leading to an advanced degree or new certification area.

(3)  Participants may receive tuition reimbursement payments for up to 9 semester hours, or the equivalent in quarter hours, per year, at a rate not to exceed $78 per semester hour, up to a total of 36 semester hours. All tuition reimbursements shall be contingent on passing an approved course with a minimum grade of 3.0 or its equivalent.

(4)  This section shall be implemented only to the extent specifically funded and authorized by law.

History.--ss. 11, 23, ch. 83-327; s. 6, ch. 83-348; s. 11, ch. 89-207.

240.4065  Critical Teacher Shortage Program.--There is created the Critical Teacher Shortage Program. Funds appropriated by the Legislature for the program shall be deposited in the State Student Financial Assistance Trust Fund. The Comptroller shall authorize expenditures from the trust fund upon receipt of vouchers approved by the Department of Education for the critical teacher shortage programs established in s. 231.621, s. 240.4063, or s. 240.4064. The Comptroller shall also authorize expenditures from the trust fund for the "Chappie" James Most Promising Teacher Scholarship Loan Program and the Critical Teacher Shortage Scholarship Loan Program recipients who participated in these programs prior to July 1, 1993, provided that such students continue to meet the renewal eligibility requirements that were in effect at the time that their original awards were made. Students who participated in the "Chappie" James Most Promising Teacher Scholarship Loan Program prior to July 1, 1993, shall not have their awards reduced as a result of the addition of new students to the program. All scholarship loan repayments pursuant to s. 240.4063 shall be deposited into the State Student Financial Assistance Trust Fund. Any remaining balance at the end of any fiscal year that has been allocated to the program shall remain in the trust fund and be available for the individual programs in future years.

History.--s. 55, ch. 84-336; s. 6, ch. 92-144; s. 5, ch. 95-376; s. 27, ch. 95-430.

240.4067  Medical Education Reimbursement and Loan Repayment Program.--

(1)  To encourage qualified medical professionals to practice in underserved locations where there are shortages of such personnel, there is established the Medical Education Reimbursement and Loan Repayment Program. The function of the program is to make payments that offset loans and educational expenses incurred by students for studies leading to a medical or nursing degree, medical or nursing licensure, or advanced registered nurse practitioner certification or physician assistant licensure. The following licensed or certified health care professionals are eligible to participate in this program: medical doctors with primary care specialties, doctors of osteopathic medicine with primary care specialties, physician's assistants, licensed practical nurses and registered nurses, and advanced registered nurse practitioners with primary care specialties such as certified nurse midwives. Primary care medical specialties for physicians include obstetrics, gynecology, general and family practice, internal medicine, pediatrics, and other specialties which may be identified by the Department of Health.

(2)  From the funds available, the Department of Health shall make payments to selected medical professionals as follows:

(a)  Up to $4,000 per year for licensed practical nurses and registered nurses, up to $10,000 per year for advanced registered nurse practitioners and physician's assistants, and up to $20,000 per year for physicians. Penalties for noncompliance shall be the same as those in the National Health Services Corps Loan Repayment Program. Educational expenses include costs for tuition, matriculation, registration, books, laboratory and other fees, other educational costs, and reasonable living expenses as determined by the Department of Health.

(b)  All payments shall be contingent on continued proof of primary care practice in an area defined in s. 395.602(2)(e), or an underserved area designated by the Department of Health, provided the practitioner accepts Medicaid reimbursement if eligible for such reimbursement. Correctional facilities, state hospitals, and other state institutions that employ medical personnel shall be designated by the Department of Health as underserved locations. Locations with high incidences of infant mortality, high morbidity, or low Medicaid participation by health care professionals may be designated as underserved.

(c)  The Department of Health may use funds appropriated for the Medical Education Reimbursement and Loan Repayment Program as matching funds for federal loan repayment programs such as the National Health Service Corps State Loan Repayment Program.

(3)  The Department of Health may adopt any rules necessary for the administration of the Medical Education Reimbursement and Loan Repayment Program. The department may also solicit technical advice regarding conduct of the program from the Department of Education and Florida universities and community colleges. The Department of Health shall submit a budget request for an amount sufficient to fund medical education reimbursement, loan repayments, and program administration.

History.--s. 17, ch. 85-196; s. 26, ch. 87-212; s. 9, ch. 90-295; s. 60, ch. 92-289; s. 24, ch. 93-129; s. 36, ch. 97-264; s. 14, ch. 98-49.

240.40685  Certified Education Paraprofessional Welfare Transition Program.--

(1)  There is created the Certified Education Paraprofessional Welfare Transition Program to provide education and employment for recipients of public assistance who are certified to work in schools that, because of the high proportion of economically disadvantaged children enrolled, are at risk of poor performance on traditional measures of achievement. The program is designed to enable such schools to increase the number of adults working with the school children. However, the increase in personnel working at certain schools is intended to supplement and not to supplant the school staff and should not affect current school board employment and staffing policies, including those contained in collective bargaining agreements. The program is intended to be supported by local, state, and federal program funds for which the participants may be eligible. Further, the program is designed to provide its participants not only with entry-level employment but also with a marketable credential, a career option, and encouragement to advance.

(2)  The Commissioner of Education, the Executive Director of the State Board of Community Colleges, the secretary of the Department of Children and Family Services, and the Secretary of Labor and Employment Security have joint responsibility for planning and conducting the program.

(3)  The agencies responsible may make recommendations to the State Board of Education and the Legislature if they find that implementation or operation of the program would benefit from the adoption or waiver of state or federal policy, rule, or law, including recommendations regarding program budgeting.

(4)  The agencies shall complete an implementation plan that addresses at least the following recommended components of the program:

(a)  A method of selecting participants. The method must not duplicate services provided by those assigned to screen participants of the WAGES Program, but must assure that screening personnel are trained to identify recipients of public assistance whose personal aptitudes and motivation make them most likely to succeed in the program and advance in a career related to the school community.

(b)  A budget for use of incentive funding to provide motivation to participants to succeed and excel. The budget for incentive funding includes:

1.  Funds allocated by the Legislature directly for the program.

2.  Funds that may be made available from the federal Job Training Partnership Act based on client eligibility or requested waivers to make the clients eligible.

3.  Funds made available by implementation strategies that would make maximum use of work supplementation funds authorized by federal law.

4.  Funds authorized by strategies to lengthen participants' eligibility for federal programs such as Medicaid, subsidized child care, and transportation.

Incentives may include a stipend during periods of college classroom training, a bonus and recognition for a high grade-point average, child care and prekindergarten services for children of participants, and services to increase a participant's ability to advance to higher levels of employment. Nonfinancial incentives should include providing a mentor or tutor, and service incentives should continue and increase for any participant who plans to complete the baccalaureate degree and become a certified teacher. Services may be provided in accordance with family choice by community colleges and school district technical centers, through family service centers and full-service schools, or under contract with providers through central agencies.

(5)  The agencies shall select Department of Children and Family Services districts to participate in the program. A district that wishes to participate must demonstrate that a district school board, a community college board of trustees, an economic services program administrator, and a private industry council are willing to coordinate to provide the educational program, support services, employment opportunities, and incentives required to fulfill the intent of this section.

(6)(a)  A community college or school district technical center is eligible to participate if it provides a technical certificate program in Child Development Early Intervention as approved by the Jobs and Education Partnership and it is participating in the Performance Based Incentive Funding program authorized in s. 239.249. Priority programs provide an option and incentives to articulate with an associate in science degree program or a baccalaureate degree program.

(b)  A participating educational agency may earn funds appropriated for performance-based incentive funding for successful outcomes of enrollment and placement of recipients of public assistance who are in the program. In addition, an educational agency is eligible for an incentive award determined by the Jobs and Education Partnership for each recipient of public assistance who successfully completes a program leading to the award of a General Education Development credential.

(c)  Historically black colleges or universities that have established programs that serve participants of the WAGES Program are eligible to participate in the Performance Based Incentive Funding Program and may earn an incentive award determined by the Jobs and Education Partnership for successful placement of program completers in jobs as education paraprofessionals in at-risk schools.

(7)(a)  A participating school district shall identify at-risk schools in which the program participants will work during the practicum part of their education. For purposes of this act, an at-risk school is a school with grades K-3 in which 50 percent or more of the students enrolled at the school are eligible for free lunches or reduced-price lunches. Priority schools are schools whose service zones include the participants' own communities.

(b)  A participating school district may use funds appropriated by the Legislature from Job Training Partnership Act service delivery area allotments to provide at least 6 months of on-the-job training to participants in the Certified Education Paraprofessional Welfare Transition Program. Participating school districts may also use funds provided by grant diversion of funds from the WAGES Program for the participants during the practicum portion of their training to earn the certificate required for their employment.

(8)  The agencies shall give priority for funding to those programs that provide maximum security for the long-range employment and career opportunities of the program participants. Security is enhanced if employment is provided through a governmental or nongovernmental agency other than the school board, or if the plans assure in another way that the participants will supplement, rather than supplant, the workforce available to the school board. It is the intent of the Legislature that, when a program participant succeeds in becoming a certified education paraprofessional after working successfully in a school during the practicum or on-the-job training supported by the program, the participant shall have the opportunity to continue in full-time employment at the school that provided the training or at another school in the district.

History.--s. 33, ch. 95-392; s. 64, ch. 96-175; s. 8, ch. 98-292.

240.4069  Virgil Hawkins Fellows Assistance Program.--

(1)  The Virgil Hawkins Fellows Assistance Program shall provide financial assistance for study in law to minority students at the Florida State University College of Law and minority students at the University of Florida College of Law. For the purposes of this section, a minority student qualified to receive assistance from the Virgil Hawkins Fellows Assistance Program shall be identified pursuant to policies adopted by the Board of Regents.

(2)  Each student who is awarded a fellowship shall be entitled to receive an award under this act for each academic term that the student is in good standing as approved by the Board of Regents' Office for Equal Opportunity Programs and the dean at the Florida State University College of Law or at the University of Florida College of Law.

(3)  If a fellowship vacancy occurs, that slot shall be reassigned and funded as a continuing fellowship for the remainder of the period for which the award was originally designated.

(4)  The Board of Regents shall adopt policies and shall administer the Virgil Hawkins Fellows Assistance Program.

History.--s. 1, ch. 88-99; s. 7, ch. 92-144; s. 11, ch. 97-169.

240.4075  Nursing Student Loan Forgiveness Program.--

(1)  To encourage qualified personnel to seek employment in areas of this state in which critical nursing shortages exist, there is established the Nursing Student Loan Forgiveness Program. The primary function of the program is to increase employment and retention of registered nurses and licensed practical nurses in nursing homes and hospitals in the state and in state-operated medical and health care facilities, birth centers, federally sponsored community health centers and teaching hospitals by making repayments toward loans received by students from federal or state programs or commercial lending institutions for the support of postsecondary study in accredited or approved nursing programs.

(2)  To be eligible, a candidate must have graduated from an accredited or approved nursing program and have received a Florida license as a licensed practical nurse or a registered nurse or a Florida certificate as an advanced registered nurse practitioner.

(3)  Only loans to pay the costs of tuition, books, and living expenses shall be covered, at an amount not to exceed $4,000 for each year of education towards the degree obtained.

(4)  Receipt of funds pursuant to this program shall be contingent upon continued proof of employment in the designated facilities in this state. Loan principal payments shall be made by the Department of Education directly to the federal or state programs or commercial lending institutions holding the loan as follows:

(a)  Twenty-five percent of the loan principal and accrued interest shall be retired after the first year of nursing;

(b)  Fifty percent of the loan principal and accrued interest shall be retired after the second year of nursing;

(c)  Seventy-five percent of the loan principal and accrued interest shall be retired after the third year of nursing; and

(d)  The remaining loan principal and accrued interest shall be retired after the fourth year of nursing.

In no case may payment for any nurse exceed $4,000 in any 12-month period.

(5)  There is created the Nursing Student Loan Forgiveness Trust Fund to be administered by the Department of Education pursuant to this section and s. 240.4076 and department rules. The Comptroller shall authorize expenditures from the trust fund upon receipt of vouchers approved by the Department of Education. All moneys collected from the private health care industry and other private sources for the purposes of this section shall be deposited into the Nursing Student Loan Forgiveness Trust Fund. Any balance in the trust fund at the end of any fiscal year shall remain therein and shall be available for carrying out the purposes of this section and s. 240.4076.

(6)  In addition to licensing fees imposed under chapter 464, there is hereby levied and imposed an additional fee of $5, which fee shall be paid upon licensure or renewal of nursing licensure. Revenues collected from the fee imposed in this subsection shall be deposited in the Nursing Student Loan Forgiveness Trust Fund of the Department of Education and will be used solely for the purpose of carrying out the provisions of this section and s. 240.4076. Up to 50 percent of the revenues appropriated to implement this subsection may be used for the nursing scholarship program established pursuant to s. 240.4076.

(7)(a)  Funds contained in the Nursing Student Loan Forgiveness Trust Fund which are to be used for loan forgiveness for those nurses employed by hospitals, birth centers, and nursing homes must be matched on a dollar-for-dollar basis by contributions from the employing institutions, except that this provision shall not apply to state-operated medical and health care facilities, county health departments, federally sponsored community health centers, or teaching hospitals as defined in s. 408.07.

(b)  All Nursing Student Loan Forgiveness Trust Fund moneys shall be invested pursuant to s. 18.125. Interest income accruing to that portion of the trust fund not matched shall increase the total funds available for loan forgiveness and scholarships. Pledged contributions shall not be eligible for matching prior to the actual collection of the total private contribution for the year.

(8)  The Department of Education may solicit technical assistance relating to the conduct of this program from the Department of Health.

(9)  The Department of Education is authorized to recover from the Nursing Student Loan Forgiveness Trust Fund its costs for administering the Nursing Student Loan Forgiveness Program.

(10)  The Department of Education may adopt rules necessary to administer this program.

(11)  This section shall be implemented only as specifically funded.

History.--s. 1, ch. 89-332; s. 1, ch. 90-192; s. 10, ch. 90-295; s. 4, ch. 91-429; s. 87, ch. 92-33; s. 1, ch. 92-137; s. 25, ch. 93-129; s. 27, ch. 94-218; s. 26, ch. 97-101; s. 16, ch. 97-237; s. 15, ch. 98-191.

240.4076  Nursing scholarship program.--

(1)  There is established within the Department of Education a scholarship program for the purpose of attracting capable and promising students to the nursing profession.

(2)  A scholarship applicant shall be enrolled as a full-time or part-time student in the upper division of an approved nursing program leading to the award of a baccalaureate or any advanced registered nurse practitioner degree or be enrolled as a full-time or part-time student in an approved program leading to the award of an associate degree in nursing or a diploma in nursing.

(3)  A scholarship may be awarded for no more than 2 years, in an amount not to exceed $8,000 per year. However, registered nurses pursuing an advanced registered nurse practitioner degree may receive up to $12,000 per year. Beginning July 1, 1998, these amounts shall be adjusted by the amount of increase or decrease in the consumer price index for urban consumers published by the United States Department of Commerce.

(4)  Credit for repayment of a scholarship shall be as follows:

(a)  For each full year of scholarship assistance, the recipient agrees to work for 12 months at a health care facility in a medically underserved area as approved by the Department of Education. Scholarship recipients who attend school on a part-time basis shall have their employment service obligation prorated in proportion to the amount of scholarship payments received.

(b)  Eligible health care facilities include state-operated medical or health care facilities, county health departments, federally sponsored community health centers, or teaching hospitals as defined in s. 408.07. The recipient shall be encouraged to complete the service obligation at a single employment site. If continuous employment at the same site is not feasible, the recipient may apply to the department for a transfer to another approved health care facility.

(c)  Any recipient who does not complete an appropriate program of studies or who does not become licensed shall repay to the Department of Education, on a schedule to be determined by the department, the entire amount of the scholarship plus 18 percent interest accruing from the date of the scholarship payment. Moneys repaid shall be deposited into the Nursing Student Loan Forgiveness Trust Fund established in s. 240.4075. However, the department may provide additional time for repayment if the department finds that circumstances beyond the control of the recipient caused or contributed to the default.

(d)  Any recipient who does not accept employment as a nurse at an approved health care facility or who does not complete 12 months of approved employment for each year of scholarship assistance received shall repay to the Department of Education an amount equal to two times the entire amount of the scholarship plus interest accruing from the date of the scholarship payment at the maximum allowable interest rate permitted by law. Repayment shall be made within 1 year of notice that the recipient is considered to be in default. However, the department may provide additional time for repayment if the department finds that circumstances beyond the control of the recipient caused or contributed to the default.

(5)  Scholarship payments shall be transmitted to the recipient upon receipt of documentation that the recipient is enrolled in an approved nursing program. The Department of Education shall develop a formula to prorate payments to scholarship recipients so as not to exceed the maximum amount per academic year.

(6)  The Department of Education shall adopt rules, including rules to address extraordinary circumstances that may cause a recipient to default on either the school enrollment or employment contractual agreement, to implement this section and may solicit technical assistance relating to the conduct of this program from the Department of Health.

(7)  The Department of Education is authorized to recover from the Nursing Student Loan Forgiveness Trust Fund its costs for administering the nursing scholarship program.

History.--s. 2, ch. 92-137; s. 9, ch. 95-143; s. 27, ch. 97-101; s. 17, ch. 97-237; s. 4, ch. 98-89; s. 16, ch. 98-191.

¹240.408  Challenger Astronauts Memorial Undergraduate Scholarship Trust Fund.--

(1)  There is created the Challenger Astronauts Memorial Undergraduate Scholarship Trust Fund which shall receive distributions as provided by s. 320.08058. The Comptroller shall authorize expenditures from this fund for Challenger Astronauts Memorial awards, and any remaining balances may be expended for education/business partnership programs which involve teacher development strategies pursuant to s. 229.602, upon receipt of vouchers approved by the Department of Education. The Comptroller shall also authorize expenditures from this fund for Challenger Astronauts Memorial Undergraduate Scholarships for students who participated in this program prior to July 1, 1993, provided that such students continue to meet the renewal eligibility requirements that were in effect at the time that their original awards were made. Any balance therein at the end of any fiscal year shall remain therein and shall be available for carrying out the purposes of these programs.

(2)  Matching scholarships may be awarded to math, science, and computer education teachers chosen to participate in the Teacher/Quest Scholarship Program.

(3)  The Department of Education shall administer this section under rules established by the State Board of Education.

History.--s. 23, ch. 86-156; s. 11, ch. 86-195; s. 14, ch. 89-207; s. 39, ch. 89-278; s. 7, ch. 89-298; s. 2, ch. 89-367; s. 3, ch. 90-236; s. 82, ch. 91-105; s. 8, ch. 92-144; s. 4, ch. 95-282; s. 12, ch. 97-169; s. 20, ch. 99-13; s. 15, ch. 99-243.

¹Note.--Repealed July 1, 2000, by s. 15, ch. 99-243.

¹240.4082  Teacher/Quest Scholarship Program.--

(1)  The Teacher/Quest Scholarship Program is created for the purpose of providing teachers with the opportunity to enhance their knowledge of science, mathematics, and computer applications in business, industry, and government. A school district or developmental research school may propose that one or more teachers be granted a Teacher/Quest Scholarship by submitting to the Department of Education:

(a)  A project proposal specifying activities a teacher will carry out to improve his or her:

1.  Understanding of mathematical, scientific, or computing concepts;

2.  Ability to apply and demonstrate such concepts through instruction;

3.  Knowledge of vocational requirements for competency in mathematics, science, and computing; and

4.  Ability to integrate and apply technological concepts from all three fields; and

(b)  A contractual agreement with a private corporation or governmental agency that implements the project proposal and guarantees employment to the teacher during a summer or other period when schools are out of session. The agreement must stipulate a salary rate that does not exceed regular rates of pay and a gross salary amount consistent with applicable statutory and contractual provisions for the teachers' employment. The teachers' compensation shall be provided for on an equally matched basis by funds from the Challenger Astronauts Memorial Undergraduate Scholarship Trust Fund, as provided for in s. 240.408, and funds from the employing corporation or agency.

(2)  This section shall be administered subject to the availability of funds from the Challenger Astronauts Memorial Undergraduate Scholarship Trust Fund and such authority as may be exercised by the Challenger Astronauts Memorial Foundation over such fund.

History.--s. 6, ch. 89-298; s. 10, ch. 95-143; s. 59, ch. 95-148; s. 17, ch. 99-243.

¹Note.--Section 17, ch. 99-243, amended s. 240.4082, effective July 1, 2000, to read:

240.4082  Teacher/Quest Scholarship Program.--The Teacher/Quest Scholarship Program is created for the purpose of providing teachers with the opportunity to enhance their knowledge of science, mathematics, and computer applications in business, industry, and government. A school district or developmental research school may propose that one or more teachers be granted a Teacher/Quest Scholarship by submitting to the Department of Education:

(1)  A project proposal specifying activities a teacher will carry out to improve his or her:

(a)  Understanding of mathematical, scientific, or computing concepts;

(b)  Ability to apply and demonstrate such concepts through instruction;

(c)  Knowledge of vocational requirements for competency in mathematics, science, and computing; and

(d)  Ability to integrate and apply technological concepts from all three fields; and

(2)  A contractual agreement with a private corporation or governmental agency that implements the project proposal and guarantees employment to the teacher during a summer or other period when schools are out of session. The agreement must stipulate a salary rate that does not exceed regular rates of pay and a gross salary amount consistent with applicable statutory and contractual provisions for the teachers' employment. The teachers' compensation shall be provided for on an equally matched basis by funds from the employing corporation or agency.

240.409  Florida Public Student Assistance Grant Program; eligibility for grants.--

(1)  There is hereby created a Florida Public Student Assistance Grant Program. The program shall be administered by the participating institutions in accordance with rules of the state board.

(2)(a)  State student assistance grants through the program may be made only to full-time degree-seeking students who meet the general requirements for student eligibility as provided in s. 240.404, except as otherwise provided in this section. Such grants shall be awarded annually for the amount of demonstrated unmet need for the cost of education and may not exceed an amount equal to the average prior academic year cost of matriculation fees and other registration fees for 30 credit hours at state universities or such other amount as specified in the General Appropriations Act, to any recipient. A demonstrated unmet need of less than $200 shall render the applicant ineligible for a state student assistance grant. Recipients of such grants must have been accepted at a state university or community college authorized by Florida law. No student may receive an award for more than the equivalent of 9 semesters or 14 quarters of full-time enrollment, except as otherwise provided in s. 240.404(3).

(b)  A student applying for a Florida public student assistance grant shall be required to apply for the Pell Grant. The Pell Grant entitlement shall be considered when conducting an assessment of the financial resources available to each student.

(c)  Priority in the distribution of grant moneys shall be given to students with the lowest total family resources, in accordance with a nationally recognized system of need analysis. Using the system of need analysis, the department shall establish a maximum expected family contribution. An institution may not make a grant from this program to a student whose expected family contribution exceeds the level established by the department. An institution may not impose additional criteria to determine a student's eligibility to receive a grant award.

(d)  Each participating institution shall report, to the department by the established date, the eligible students to whom grant moneys are disbursed each academic term. Each institution shall also report to the department necessary demographic and eligibility data for such students.

(3)  Based on the unmet financial need of an eligible applicant, the amount of a Florida public student assistance grant must be between $200 and the weighted average of the cost of matriculation and other registration fees for 30 credit hours at state universities per academic year or the amount specified in the General Appropriations Act.

(4)(a)  The funds appropriated for the Florida Public Student Assistance Grant shall be distributed to eligible institutions in accordance with a formula recommended by the Department of Education's Florida Council of Student Financial Aid Advisors and reviewed by the Postsecondary Education Planning Commission, the State Board of Community Colleges, and the Board of Regents. The formula shall consider at least the prior year's distribution of funds, the number of full-time eligible applicants who did not receive awards, the standardization of the expected family contribution, and provisions for unused funds.

(b)  Payment of Florida public student assistance grants shall be transmitted to the president of the state university or community college, or to his or her representative, in advance of the registration period. Institutions shall notify students of the amount of their awards.

(c)  The eligibility status of each student to receive a disbursement shall be determined by each institution as of the end of its regular registration period, inclusive of a drop-add period. Institutions shall not be required to reevaluate a student's eligibility status after this date for purposes of changing eligibility determinations previously made.

(d)  Institutions shall certify to the department the amount of funds disbursed to each student and shall remit to the department any undisbursed advances by June 1 of each year.

(5)  Funds appropriated by the Legislature for state student assistance grants shall be deposited in the State Student Financial Assistance Trust Fund. Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year that has been allocated to the Florida Public Student Assistance Grant Program shall remain therein and shall be available for carrying out the purposes of this section.

(6)  The State Board of Education shall establish rules necessary to implement this section.

History.--ss. 1, 2, 3, ch. 72-199; s. 70, ch. 72-221; s. 4, ch. 73-273; s. 1, ch. 78-66; s. 68, ch. 79-222; s. 6, ch. 83-291; s. 43, ch. 84-336; s. 69, ch. 87-224; s. 15, ch. 89-207; s. 3, ch. 89-367; s. 6, ch. 90-236; s. 22, ch. 91-55; s. 4, ch. 91-186; s. 9, ch. 92-144; s. 60, ch. 95-148; s. 10, ch. 95-376; s. 30, ch. 95-430; s. 46, ch. 98-421.

Note.--Former s. 239.461.

240.4095  Florida Private Student Assistance Grant Program; eligibility for grants.--

(1)  There is hereby created a Florida Private Student Assistance Grant Program. The program shall be administered by the participating institutions in accordance with rules of the state board.

(2)(a)  Florida private student assistance grants from the State Student Financial Assistance Trust Fund may be made only to full-time degree-seeking students who meet the general requirements for student eligibility as provided in s. 240.404, except as otherwise provided in this section. Such grants shall be awarded for the amount of demonstrated unmet need for tuition and fees and may not exceed an amount equal to the average matriculation and other registration fees for 30 credit hours at state universities plus $1,000 per academic year, or as specified in the General Appropriations Act, to any applicant. A demonstrated unmet need of less than $200 shall render the applicant ineligible for a Florida private student assistance grant. Recipients of such grants must have been accepted at a baccalaureate-degree-granting independent nonprofit college or university, which is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools and which is located in and chartered as a domestic corporation by the state. No student may receive an award for more than the equivalent of 9 semesters or 14 quarters of full-time enrollment, except as otherwise provided in s. 240.404(3).

(b)  A student applying for a Florida private student assistance grant shall be required to apply for the Pell Grant. The Pell Grant entitlement shall be considered when conducting an assessment of the financial resources available to each student.

(c)  Priority in the distribution of grant moneys shall be given to students with the lowest total family resources, in accordance with a nationally recognized system of need analysis. Using the system of need analysis, the department shall establish a maximum expected family contribution. An institution may not make a grant from this program to a student whose expected family contribution exceeds the level established by the department. An institution may not impose additional criteria to determine a student's eligibility to receive a grant award.

(d)  Each participating institution shall report, to the department by the established date, the eligible students to whom grant moneys are disbursed each academic term. Each institution shall also report to the department necessary demographic and eligibility data for such students.

(3)  Based on the unmet financial need of an eligible applicant, the amount of a Florida private student assistance grant must be between $200 and the average cost of matriculation and other registration fees for 30 credit hours at state universities plus $1,000 per academic year or the amount specified in the General Appropriations Act.

(4)(a)  The funds appropriated for the Florida Private Student Assistance Grant shall be distributed to eligible institutions in accordance with a formula recommended by the Department of Education's Florida Council of Student Financial Aid Advisors and reviewed by the Postsecondary Education Planning Commission and the Independent Colleges and Universities of Florida. The formula shall consider at least the prior year's distribution of funds, the number of full-time eligible applicants who did not receive awards, the standardization of the expected family contribution, and provisions for unused funds.

(b)  Payment of Florida private student assistance grants shall be transmitted to the president of the college or university, or to his or her representative, in advance of the registration period. Institutions shall notify students of the amount of their awards.

(c)  The eligibility status of each student to receive a disbursement shall be determined by each institution as of the end of its regular registration period, inclusive of a drop-add period. Institutions shall not be required to reevaluate a student's eligibility status after this date for purposes of changing eligibility determinations previously made.

(d)  Institutions shall certify to the department the amount of funds disbursed to each student and shall remit to the department any undisbursed advances by June 1 of each year.

(e)  Each institution that receives moneys through the Florida Private Student Assistance Grant Program shall cause to be prepared a biennial report that includes an independent external audit of the institution's administration of the program and a complete accounting of moneys in the State Student Financial Assistance Trust Fund allocated to the institution for the program. Such report shall be submitted to the department on or before March 1 every other year. The department may conduct its own annual or biennial audit of an institution's administration of the program and its allocated funds in lieu of the required biennial report and independent external audit. The department may suspend or revoke an institution's eligibility to receive future moneys from the trust fund for the program or request a refund of any moneys overpaid to the institution through the trust fund for the program if the department finds that an institution has not complied with the provisions of this section. Any refund requested pursuant to this paragraph shall be remitted within 60 days.

(5)  Funds appropriated by the Legislature for Florida private student assistance grants shall be deposited in the State Student Financial Assistance Trust Fund. Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year that has been allocated to the Florida Private Student Assistance Grant Program shall remain therein and shall be available for carrying out the purposes of this section and as otherwise provided by law.

(6)  The State Board of Education shall adopt rules necessary to implement this section.

History.--s. 16, ch. 89-207; s. 4, ch. 89-367; s. 23, ch. 91-55; s. 5, ch. 91-186; s. 15, ch. 92-321; s. 61, ch. 95-148; s. 2, ch. 95-376; s. 29, ch. 95-430; s. 47, ch. 98-421.

240.4097  Florida Postsecondary Student Assistance Grant Program; eligibility for grants.--

(1)  There is hereby created a Florida Postsecondary Student Assistance Grant Program. The program shall be administered by the participating institutions in accordance with rules of the state board.

(2)(a)  Florida postsecondary student assistance grants through the State Student Financial Assistance Trust Fund may be made only to full-time degree-seeking students who meet the general requirements for student eligibility as provided in s. 240.404, except as otherwise provided in this section. Such grants shall be awarded for the amount of demonstrated unmet need for tuition and fees and may not exceed an amount equal to the average prior academic year cost of matriculation and other registration fees for 30 credit hours at state universities plus $1,000 per academic year, or as specified in the General Appropriations Act, to any applicant. A demonstrated unmet need of less than $200 shall render the applicant ineligible for a Florida postsecondary student assistance grant. Recipients of such grants must have been accepted at a postsecondary institution that is located in the state and that is:

1.  A private nursing diploma school approved by the Florida Board of Nursing; or

2.  An institution either licensed by the State Board of Independent Colleges and Universities or exempt from licensure pursuant to s. 246.085(1)(a), excluding those institutions the students of which are eligible to receive a Florida private student assistance grant pursuant to s. 240.4095.

No student may receive an award for more than the equivalent of 9 semesters or 14 quarters of full-time enrollment, except as otherwise provided in s. 240.404(3).

(b)  A student applying for a Florida postsecondary student assistance grant shall be required to apply for the Pell Grant. The Pell Grant entitlement shall be considered when conducting an assessment of the financial resources available to each student.

(c)  Priority in the distribution of grant moneys shall be given to students with the lowest total family resources, in accordance with a nationally recognized system of need analysis. Using the system of need analysis, the department shall establish a maximum expected family contribution. An institution may not make a grant from this program to a student whose expected family contribution exceeds the level established by the department. An institution may not impose additional criteria to determine a student's eligibility to receive a grant award.

(d)  Each participating institution shall report, to the department by the established date, the eligible students to whom grant moneys are disbursed each academic term. Each institution shall also report to the department necessary demographic and eligibility data for such students.

(3)  Based on the unmet financial need of an eligible applicant, the amount of a Florida postsecondary student assistance grant must be between $200 and the average cost of matriculation and other registration fees for 30 credit hours at state universities plus $1,000 per academic year or the amount specified in the General Appropriations Act.

(4)(a)  The funds appropriated for the Florida Postsecondary Student Assistance Grant shall be distributed to eligible institutions in accordance with a formula recommended by the Department of Education's Florida Council of Student Financial Aid Advisors and reviewed by the Postsecondary Education Planning Commission and the Florida Association of Postsecondary Schools and Colleges. The formula shall consider at least the prior year's distribution of funds, the number of full-time eligible applicants who did not receive awards, the standardization of the expected family contribution, and provisions for unused funds.

(b)  Payment of Florida postsecondary student assistance grants shall be transmitted to the president of the eligible institution, or to his or her representative, in advance of the registration period. Institutions shall notify students of the amount of their awards.

(c)  The eligibility status of each student to receive a disbursement shall be determined by each institution as of the end of its regular registration period, inclusive of a drop-add period. Institutions shall not be required to reevaluate a student's eligibility status after this date for purposes of changing eligibility determinations previously made.

(d)  Institutions shall certify to the department the amount of funds disbursed to each student and shall remit to the department any undisbursed advances by June 1 of each year.

(e)  Each institution that receives moneys through the Florida Postsecondary Student Assistance Grant Program shall cause to be prepared a biennial report that includes an independent external audit of the institution's administration of the program and a complete accounting of moneys in the State Student Financial Assistance Trust Fund allocated to the institution for the program. Such report shall be submitted to the department on or before March 1 every other year. The department may conduct its own annual or biennial audit of an institution's administration of the program and its allocated funds in lieu of the required biennial report and independent external audit. The department may suspend or revoke an institution's eligibility to receive future moneys from the trust fund for the program or request a refund of any moneys overpaid to the institution through the trust fund for the program if the department finds that an institution has not complied with the provisions of this section. Any refund requested pursuant to this paragraph shall be remitted within 60 days.

(5)  Any institution that was eligible to receive state student assistance grants on January 1, 1989, and that is not eligible to receive grants pursuant to s. 240.4095 is eligible to receive grants pursuant to this section.

(6)  Funds appropriated by the Legislature for Florida postsecondary student assistance grants shall be deposited in the State Student Financial Assistance Trust Fund. Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year that has been allocated to the Florida Postsecondary Student Assistance Grant Program shall remain therein and shall be available for carrying out the purposes of this section and as otherwise provided by law.

(7)  The State Board of Education shall adopt rules necessary to implement this section.

History.--s. 17, ch. 89-207; s. 5, ch. 89-367; s. 17, ch. 90-302; s. 24, ch. 91-55; s. 6, ch. 91-186; s. 16, ch. 92-321; s. 62, ch. 95-148; s. 17, ch. 95-376; s. 31, ch. 95-430; ss. 13, 48, ch. 98-421.

240.4098  State student financial assistance; authorization for use in program of study in another state or foreign country.--A student who is enrolled in a public or private college or university in this state may apply state student financial assistance towards the cost of a program of study in another state or a foreign country for a period of up to 1 year, if the program of study is offered or promoted by the Florida institution as an integral part of the academic studies of that degree-seeking student or as a program that would enhance the student's academic experience. This program must be approved by the president of the public or private college or university in this state or by his or her designee; however, private, postsecondary Florida institutions with out-of-state subsidiary institutions are not authorized to make Florida residents attending their out-of-state subsidiary institutions eligible for Florida financial assistance.

History.--s. 5, ch. 90-302; s. 63, ch. 95-148.

240.40985  Elderly Education Program Grants.--

(1)  Contingent upon annual funding by the Legislature, the Department of Education shall administer a grant program for planned noncredit instructional activities or programs for adults who are 65 years of age or older. Any instructional activity or program provided according to this section must have an innovative format that would make it difficult or impossible to register students and calculate them for reporting for funding through the Florida Education Finance Program or the Community College Program Fund. Eligible activities include, but are not limited to, seminars, publications, public service presentations, and multimedia events. People under 65, especially families and caretakers of older people, may be included in activities provided by the program if those activities are designed expressly to benefit people over 65.

(2)  The State Board of Education shall adopt rules to govern the distribution of funds, administration procedures, and evaluation of the Elderly Education Program. The rules shall include at least the following provisions:

(a)  Content of requests from school districts and community colleges.

(b)  Methods of enhancing cooperative ventures among school districts, community colleges, public and private community service agencies, and agencies with special missions or statewide jurisdiction such as public universities, Developmental Research Schools, and the Florida School for the Deaf and the Blind.

(c)  Guidelines for the Commissioner of Education to award grants for the program.

(d)  The method of distributing funds for the program equitably statewide and among school districts and community colleges. This method shall include provisions for assuring cooperation among community colleges and school districts serving the same population of older people.

(e)  Maximum administrative cost.

(f)  Requirements for oversight and evaluation, which may include participation by state-level advocacy groups.

History.--s. 70, ch. 90-288; s. 23, ch. 90-302.

240.412  Jose Marti Scholarship Challenge Grant Program.--

(1)  There is hereby established a Jose Marti Scholarship Challenge Grant Program to be administered by the Department of Education pursuant to this section and rules of the State Board of Education. The program shall provide matching grants for private sources that raise money for scholarships to be awarded to Hispanic-American students.

(2)  Funds appropriated by the Legislature for the program shall be deposited in the State Student Financial Assistance Trust Fund. The Comptroller shall authorize expenditures from the trust fund upon receipt of vouchers approved by the Department of Education. All moneys collected from private sources for the purposes of this section shall be deposited into the trust fund. Any balance in the trust fund at the end of any fiscal year that has been allocated to the program shall remain therein and shall be available for carrying out the purposes of the program.

(3)  The Legislature shall designate funds to be transferred to the trust fund for the program from the General Revenue Fund. Such funds shall be divided into challenge grants to be administered by the Department of Education. All appropriated funds deposited into the trust fund for the program shall be invested pursuant to the provisions of s. 18.125. Interest income accruing to that portion of the funds that are allocated to the program in the trust fund and not matched shall increase the total funds available for the program.

(4)  The amount appropriated to the trust fund for the program shall be allocated by the department on the basis of one $5,000 challenge grant for each $2,500 raised from private sources. Matching funds shall be generated through contributions made after July 1, 1986, and pledged for the purposes of this section. Pledged contributions shall not be eligible for matching prior to the actual collection of the total funds.

(5)(a)  In order to be eligible to receive a scholarship pursuant to this section, an applicant shall:

1.  Be a Hispanic-American, or a person of Spanish culture with origins in Mexico, South America, Central America, or the Caribbean, regardless of race.

2.  Be a citizen of the United States and meet the general requirements for student eligibility as provided in s. 240.404, except as otherwise provided in this section.

3.  Be accepted at a state university or community college or any Florida college or university accredited by a member of the Commission on Recognition of Postsecondary Accreditation the credits of which are acceptable without qualification for transfer to state universities.

4.  Enroll as a full-time undergraduate or graduate student.

5.  Earn a 3.0 unweighted grade point average on a 4.0 scale, or the equivalent for high school subjects creditable toward a diploma. If an applicant applies as a graduate student, he or she shall have earned a 3.0 cumulative grade point average for undergraduate college-level courses.

(b)  In order to renew a scholarship awarded pursuant to this section, a student must:

1.  Earn a grade point average of at least 3.0 on a 4.0 scale for the previous term, maintain at least a 3.0 average for college work, or have an average below 3.0 only for the previous term and be eligible for continued enrollment at the institution.

2.  Maintain full-time enrollment.

(6)  The annual scholarship to each recipient shall be $2,000. Priority in the distribution of scholarships shall be given to students with the lowest total family resources. Renewal scholarships shall take precedence over new awards in any year in which funds are not sufficient to meet the total need. No undergraduate student shall receive an award for more than the equivalent of 8 semesters or 12 quarters over a period of no more than 6 consecutive years, except as otherwise provided in s. 240.404(3). No graduate student shall receive an award for more than the equivalent of 4 semesters or 6 quarters.

(7)  The criteria and procedure for establishing standards of eligibility shall be determined by the department. The department is directed to establish a rating system upon which to base the approval of grants. Such system shall include a certification of acceptability by the postsecondary institution of the applicant's choice.

(8)  Payment of scholarships shall be transmitted to the president of the postsecondary institution that the recipient is attending or to the president's designee. Should a recipient terminate his or her enrollment during the academic year, the president or his or her designee shall refund the unused portion of the scholarship to the department within 60 days. In the event that a recipient transfers from one eligible institution to another, his or her scholarship shall be transferable upon approval of the department.

(9)  This section shall be implemented during the 1986-1987 academic year and thereafter to the extent funded and authorized by law.

History.--s. 27, ch. 86-225; s. 16, ch. 87-331; s. 18, ch. 89-207; s. 12, ch. 94-310; s. 825, ch. 95-148; s. 21, ch. 95-376; s. 13, ch. 97-169; s. 15, ch. 97-246.

240.4125  Mary McLeod Bethune Scholarship Program.--

(1)  There is established the Mary McLeod Bethune Scholarship Program to be administered by the Department of Education pursuant to this section and rules of the State Board of Education. The program shall provide matching grants for private sources that raise money for scholarships to be awarded to students who attend Florida Agricultural and Mechanical University, Bethune-Cookman College, Edward Waters College, or Florida Memorial College.

(2)  Funds appropriated by the Legislature for the program shall be deposited in the State Student Financial Assistance Trust Fund. The Comptroller shall authorize expenditures from the trust fund upon receipt of vouchers approved by the Department of Education. The Department of Education shall receive all moneys collected from private sources for the purposes of this section and shall deposit such moneys into the trust fund. Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year that has been allocated to the program shall remain in the trust fund and shall be available for carrying out the purposes of the program.

(3)  The Legislature shall appropriate moneys to the trust fund for the program from the General Revenue Fund. Such moneys shall be applied to scholarships to be administered by the Department of Education. All moneys deposited into the trust fund for the program shall be invested pursuant to the provisions of s. 18.125. Interest income accruing to the program shall be expended to increase the total moneys available for scholarships.

(4)  The moneys in the trust fund for the program shall be allocated by the department among the institutions of higher education listed in subsection (1) on the basis of one $2,000 challenge grant for each $1,000 raised from private sources. Matching funds shall be generated through contributions made after July 1, 1990, and pledged for the purposes of this section. Pledged contributions shall not be eligible for matching prior to the actual collection of the total funds. The department shall allocate to each of those institutions a proportionate share of the contributions received on behalf of those institutions and a share of the appropriations and matching funds generated by such institution.

(5)(a)  In order to be eligible to receive a scholarship pursuant to this section, an applicant must:

1.  Meet the general eligibility requirements set forth in s. 240.404.

2.  Be a resident for tuition purposes pursuant to s. 240.1201.

3.  Be accepted at Florida Agricultural and Mechanical University, Bethune-Cookman College, Edward Waters College, or Florida Memorial College.

4.  Enroll as a full-time undergraduate student.

5.  Earn a 3.0 grade point average on a 4.0 scale, or the equivalent, for high school subjects creditable toward a diploma.

(b)  In order to renew a scholarship awarded pursuant to this section, a student must earn a minimum cumulative grade point average of 3.0 on a 4.0 scale and complete 12 credits each term for which the student received the scholarship.

(6)  The amount of the scholarship to be granted to each recipient is $3,000 annually. Priority in the awarding of scholarships shall be given to students having financial need as determined by the institution. If funds are insufficient to provide the full amount of the scholarship authorized in this section to each eligible applicant, the institution may prorate available funds and make a partial award to each eligible applicant. A student may not receive an award for more than the equivalent of 8 semesters or 12 quarters over a period of 6 consecutive years, except that a student who is participating in college-preparatory instruction or who requires additional time to complete the college-level communication and computation skills testing program may continue to receive a scholarship while enrolled for the purpose of receiving college-preparatory instruction or while completing the testing program.

(7)  The criteria and procedure for establishing standards of eligibility shall be determined by the department. The department shall establish a rating system upon which the institutions shall award the scholarships. The system must require a certification of eligibility issued by the postsecondary institution selected by the applicant.

(8)  Scholarship moneys shall be transmitted to the president or the president's designee of the postsecondary institution that the recipient is attending. The president or his or her designee shall submit a report annually to the Department of Education on the scholarships. If a recipient terminates his or her enrollment during the academic year, the president or his or her designee shall refund the unused portion of the scholarship to the department within 60 days. If a recipient transfers from one of the institutions listed in subsection (1) to another of those institutions, the recipient's scholarship is transferable upon approval of the department.

(9)  This section shall be implemented in any academic year to the extent funded and authorized by law.

(10)  The State Board of Education may adopt any rules necessary to implement the provisions of this section.

History.--s. 37, ch. 89-207; s. 19, ch. 94-230; s. 826, ch. 95-148; s. 1, ch. 95-252; s. 19, ch. 95-376.

240.4126  Rosewood Family Scholarship Program.--

(1)  There is created a Rosewood Family Scholarship Program for minority persons with preference given to the direct descendants of the Rosewood families, not to exceed 25 scholarships per year. Funds appropriated by the Legislature for the program shall be deposited in the State Student Financial Assistance Trust Fund.

(2)  The Rosewood Family Scholarship Program shall be administered by the Department of Education. The State Board of Education shall adopt rules for administering this program which shall at a minimum provide for the following:

(a)  The annual award to a student shall be up to $4,000 but should not exceed an amount in excess of tuition and registration fees.

(b)  If funds are insufficient to provide a full scholarship to each eligible applicant, the department may prorate available funds and make a partial award to each eligible applicant.

(c)  The department shall rank eligible initial applicants for the purposes of awarding scholarships with preference being given to the direct descendants of the Rosewood families. The remaining applicants shall be ranked based on need as determined by the Department of Education.

(d)  Payment of an award shall be transmitted in advance of the registration period each semester on behalf of the student to the president of the university or community college, or his or her representative, or to the director of the area vocational-technical school which the recipient is attending.

(3)  Beginning with the 1994-1995 academic year, the department is authorized to make awards for undergraduate study to students who:

(a)  Meet the general requirements for student eligibility as provided in s. 240.404, except as otherwise provided in this section;

(b)  File an application for the scholarship within the established time limits;

(c)  Enroll as certificate-seeking or degree-seeking students at a public university, community college, or area vocational-technical school authorized by law.

History.--s. 5, ch. 94-359; s. 827, ch. 95-148; s. 34, ch. 95-376.

240.4128  Minority teacher education scholars program.--There is created the minority teacher education scholars program, which is a collaborative performance-based scholarship program for African-American, Hispanic-American, Asian-American, and Native American students. The participants in the program include Florida's public community colleges and its public and private universities that have teacher education programs.

(1)  The minority teacher education scholars program shall provide an annual scholarship of $4,000 for each approved minority teacher education scholar who is enrolled in one of Florida's public or private universities in the junior year and is admitted into a teacher education program.

(2)  To assist each participating education institution in the recruitment and retention of minority teacher scholars, the administrators of the Florida Fund for Minority Teachers, Inc., shall implement a systemwide training program. The training program must include an annual conference or series of conferences for students who are in the program or who are identified by a high school or a community college as likely candidates for the program. The training program must also include research about and dissemination concerning successful activities or programs that recruit minority students for teacher education and retain them through graduation, certification, and employment. Staff employed by the corporation may work with each participating education institution to assure that local faculty and administrators receive the benefit of all available research and resources to increase retention of their minority teacher education scholars.

(3)  The total amount appropriated annually for new scholarships in the program must be divided by $4,000 and by the number of participating colleges and universities. Each participating institution has access to the same number of scholarships and may award all of them to eligible minority students. If a college or university does not award all of its scholarships by the date set by the program administration at the Florida Fund for Minority Teachers, Inc., the remaining scholarships must be transferred to another institution that has eligible students.

(4)  A student may receive a scholarship from the program for 3 consecutive years if the student remains enrolled full-time in the program and makes satisfactory progress toward a baccalaureate degree with a major in education.

(5)  If a minority teacher education scholar graduates and is employed as a teacher by a Florida district school board, the scholar is not required to repay the scholarship amount so long as the scholar teaches in a Florida public school. A scholar may repay the entire scholarship amount by remaining employed as a Florida public school teacher for 1 year for each year he or she received the scholarship.

(6)  If a minority teacher education scholar does not graduate within 3 years, or if the scholar graduates but does not teach in a Florida public school, the scholar must repay the total amount awarded, plus annual interest of 8 percent.

(a)  Interest begins accruing the first day of the 13th month after the month in which the recipient completes an approved teacher education program or after the month in which enrollment as a full-time student is terminated. Interest does not accrue during any period of deferment or eligible teaching service.

(b)  The repayment period begins the first day of the 13th month after the month in which the recipient completes an approved teacher education program or after the month in which enrollment as a full-time student is terminated.

(c)  The terms and conditions of the scholarship repayment must be contained in a promissory note and a repayment schedule. The loan must be paid within 10 years after the date of graduation or termination of full-time enrollment, including any periods of deferment. A shorter repayment period may be granted. The minimum monthly repayment is $50 or the unpaid balance, unless otherwise approved, except that the monthly payment may not be less than the accruing interest. The recipient may prepay any part of the scholarship without penalty.

(d)  The holder of the promissory note may grant a deferment of repayment for a recipient who is a full-time student, who is unable to secure a teaching position that would qualify as repayment, who becomes disabled, or who experiences other hardships. Such a deferment may be granted for a total of 24 months.

(e)  If a student defaults on the scholarship, the entire unpaid balance, including interest accrued, becomes due and payable at the option of the holder of the promissory note, or when the recipient is no longer able to pay or no longer intends to pay. The recipient is responsible for paying all reasonable attorney's fees and other costs and charges necessary for administration of the collection process.

History.--s. 1, ch. 97-297.

240.4129  Florida Fund for Minority Teachers, Inc.--

(1)  There is created the Florida Fund for Minority Teachers, Inc., which is a not-for-profit statutory corporation housed in the College of Education at the University of Florida. The corporation shall administer and manage the minority teacher education scholars program.

(2)  The corporation shall submit an annual budget projection to the Department of Education to be included in the annual legislative budget request. The projection must be based on a 7-year plan that would be capable of awarding the following schedule of scholarships:

(a)  In the initial year, 700 scholarships of $4,000 each to scholars in the junior year of college.

(b)  In the second year, 350 scholarships to new scholars in their junior year and 700 renewal scholarships to the rising seniors.

(c)  In each succeeding year, 350 scholarships to new scholars in the junior year and renewal scholarships to the 350 rising seniors.

(3)  A board of directors shall administer the corporation. The Governor shall appoint to the board at least 15 but not more than 25 members, who shall serve terms of 3 years, except that 4 of the initial members shall serve 1-year terms and 4 shall serve 2-year terms. At least 4 members must be employed by public community colleges and at least 11 members must be employed by public or private postsecondary institutions that operate colleges of education. At least one member must be a financial aid officer employed by a postsecondary education institution operating in Florida. The Board of Regents, the State Board of Community Colleges, and the State Board of Independent Colleges and Universities shall collaborate to provide the Governor with a list of at least 15 recommendations of members to be appointed to the board. Administrative costs for support of the Board of Directors and the Florida Fund for Minority Teachers may not exceed 5 percent of funds allocated for the program. The board shall:

(a)  Hold meetings to implement this section.

(b)  Select a chairperson annually.

(c)  Make rules for its own government.

(d)  Appoint an executive director to serve at its pleasure. The executive director shall be the chief administrative officer and agent of the board.

(e)  Maintain a record of its proceedings.

(f)  Delegate to the chairperson the responsibility for signing final orders.

(g)  Carry out the training program as required for the minority teacher education scholars program. No more than 5 percent of the funds appropriated for the minority teacher education scholars program may be expended for administration, including administration of the required training program.

History.--s. 2, ch. 97-297.

240.413  Seminole and Miccosukee Indian Scholarships.--

(1)  There is created a Seminole and Miccosukee Indian Scholarship Program to be administered by the Department of Education in accordance with rules established by the State Board of Education. The Seminole Tribe of Florida and the Miccosukee Tribe of Indians of Florida shall act in an advisory capacity in the development of the rules.

(2)  Scholarships shall be awarded by the department to students who:

(a)  Have graduated from high school, have earned an equivalency diploma issued by the Department of Education pursuant to s. 229.814, have earned an equivalency diploma issued by the United States Armed Forces Institute, or have been accepted through an early admission program;

(b)  Are enrolled at a state university or community college authorized by Florida law; a nursing diploma school approved by the Board of Nursing; any Florida college, university, or community college which is accredited by a member of the Commission on Recognition of Postsecondary Accreditation; or any Florida institution the credits of which are acceptable for transfer to state universities;

(c)  Are enrolled as either full-time or part-time undergraduate or graduate students and make satisfactory academic progress as defined by the college or university;

(d)  Have been recommended by the Seminole Tribe of Florida or the Miccosukee Tribe of Indians of Florida; and

(e)  Meet the general requirements for student eligibility as provided in s. 240.404, except as otherwise provided in this section.

(3)  Recommendation by the Seminole Tribe of Florida or the Miccosukee Tribe of Indians of Florida shall:

(a)  Be based upon established standards of financial need as determined by the respective tribe and the department;

(b)  Be based upon such other eligibility requirements for student financial assistance as are adopted by the respective tribe; and

(c)  Include certification of membership or eligibility for membership in the Seminole Tribe of Florida or the Miccosukee Tribe of Indians of Florida.

(4)  The amount of the scholarship shall be determined by the Seminole Tribe of Florida or the Miccosukee Tribe of Indians of Florida, for its respective applicants, within the amount of funds appropriated for this purpose. The amount shall be prorated accordingly for part-time students. At the beginning of each semester or quarter, the department shall certify the name of each scholarship holder eligible to receive funds for that registration period to the Comptroller, who shall draw a warrant in favor of each scholarship recipient. Each recipient shall be eligible to have the scholarship renewed from year to year, provided all academic and other requirements of the college or university and rules established by the State Board of Education are met.

(5)  The Commissioner of Education shall include amounts sufficient for continuation of this program in the legislative budget requests of the department.

(6)  Funds appropriated by the Legislature for the program shall be deposited in the State Student Financial Assistance Trust Fund.

History.--ss. 1-6, ch. 63-404; s. 1, ch. 65-515; s. 1, ch. 67-133; ss. 13, 14, ch. 69-180; s. 1, ch. 69-300; ss. 15, 35, ch. 69-106; s. 1, ch. 71-217; s. 70, ch. 72-221; s. 70, ch. 79-222; ss. 1, 2, ch. 80-241; s. 8, ch. 83-291; s. 19, ch. 89-207; s. 13, ch. 94-310; s. 20, ch. 95-376.

Note.--Former s. 239.66.

240.414  Latin American and Caribbean Basin Scholarship Program.--

(1)(a)  There is created the Latin American and Caribbean Basin Scholarship Program to be administered by the Department of Education. The purpose of the program is to provide support for students from Latin American and Caribbean countries to pursue postsecondary training in this state that will enable them to address the social and economic development needs of the region.

(b)  Funds appropriated by the Legislature for the program shall be deposited in the State Student Financial Assistance Trust Fund. The Comptroller shall authorize expenditures from the trust fund upon receipt of vouchers approved by the Department of Education. Any balance in the trust fund at the end of a fiscal year that has been allocated to the program shall remain in the trust fund and be available for carrying out the purposes of the program.

(2)  The institutions that are eligible to participate in the scholarship program include the state universities and community colleges authorized by Florida law and any independent institutions eligible to participate in the William L. Boyd, IV, Florida Resident Access Grant Program pursuant to s. 240.605. No college or university may receive more than 25 percent of the funds appropriated in any year. Institutions and the appropriate administrative agency shall seek matching funds from private businesses, public foundations, and other agencies.

(3)  Scholarships per individual in any one semester shall be determined annually by the General Appropriations Act. An eligible student may receive awards under this program for up to 11 semesters or the equivalent, 3 of which may be used for intensive English language training.

(4)  In order to be eligible to participate in the Latin American and Caribbean Basin Scholarship Program, a student:

(a)  Must meet the eligibility criteria of the appropriate state agency responsible for the administration of the program.

(b)  Must be accepted for enrollment or be enrolled as a full-time undergraduate student at an eligible college or university or be accepted in an intensive English language institute prior to enrollment in an eligible college or university;

(c)  Must be a citizen of a Caribbean, Central American, or South American country;

(d)  Must have declared an intention to return to his or her country of origin upon completion of his or her studies and remain there for at least the number of years equal to the number of annual awards received under this program; and

(e)  Must be in need of financial assistance in accordance with the rules of the department.

(5)  As a condition for renewal of a scholarship, a student must maintain a cumulative grade point average of 2.0 on a 4.0 scale or the equivalent for the period covered by scholarships previously received by him or her under this program.

(6)  Students from Latin America and the Caribbean who receive scholarships from the Federal Government and scholarships pursuant to this section are exempt from s. 240.1201(3) for tuition purposes.

(7)  The State Board of Education is authorized to adopt any rules necessary for the implementation of this program and to identify areas of study which should be given priority in the use of the awards.

History.--s. 115, ch. 84-336; s. 18, ch. 85-196; s. 6, ch. 86-139; s. 9, ch. 89-367; s. 30, ch. 94-230; s. 828, ch. 95-148; s. 18, ch. 95-376; s. 21, ch. 99-13.

240.4145  African and Afro-Caribbean Scholarship Program.--

(1)  There is hereby created the African and Afro-Caribbean Scholarship Program. The purpose of the program is to provide scholarship support for eligible postsecondary-level students to pursue vocational programs in this state that will enable them to address the infrastructure needs of developing third-world countries. Funds appropriated by the Legislature for the program shall be deposited in the State Student Financial Assistance Trust Fund.

(2)  The Department of Education shall administer the program and shall adopt rules that will aid in carrying out the purposes of this section. The Florida Black Caucus, which consists of black members of the Florida Senate and the Florida House of Representatives, shall advise the department as it develops such rules. The Comptroller shall authorize an expenditure from the trust fund for the program upon receipt of a voucher approved by the department.

(3)  The amount of each scholarship shall be $10,000 per year per student, renewable until the student completes his or her educational program, as long as the student continues to be eligible.

(4)  In order to be eligible, a student must:

(a)  Be accepted or enrolled as a full-time undergraduate or vocational student at an eligible institution;

(b)  Be a citizen of a sub-Saharan African country or an Afro-Caribbean country;

(c)  Have declared his or her intention to return to his or her country or region upon completing his or her studies and to remain there the number of years equal to the number of annual awards the student receives under this program;

(d)  Be in financial need; and

(e)  Maintain passing grades.

(5)(a)  An institution is eligible to participate under this section if it is located in this state and is either a state university, a community college, or an independent institution eligible to participate in the William L. Boyd, IV, Florida Resident Access Grant Program.

(b)  A participating institution may seek matching funds from private businesses or individuals.

(c)  No institution may receive more than 25 percent of the funds available for the program in any one year.

(d)  The institution may waive out-of-state tuition fees for students who receive scholarships through the program.

History.--s. 1, ch. 89-146; s. 1, ch. 90-261; s. 31, ch. 94-230; s. 829, ch. 95-148; s. 3, ch. 95-376; s. 22, ch. 99-13.

240.4146  Nicaraguan and Haitian Scholarship Program.--The Department of Education shall award tuition scholarships to a Nicaraguan and a Haitian in Florida to attend a State University System institution. The two scholarships shall be awarded annually on the basis of academic competence and service to the community. The State Board of Education shall adopt rules to implement the provisions of this section.

History.--s. 32, ch. 89-207.

240.417  Increased registration or tuition fees for funding financial aid program.--

(1)  Student registration or tuition fees at each state university and public community college shall include up to $4.68 per quarter, or $7.02 per semester, per full-time student, or the per-student credit hour equivalents of such amounts. The fees provided for by this section shall be adjusted from time to time, as necessary, to comply with the debt service coverage requirements of the student loan revenue bonds issued pursuant to s. 240.441. If the Division of Bond Finance of the State Board of Administration and the Commissioner of Education determine that such fees are no longer required as security for revenue bonds issued pursuant to ss. 240.439-240.463, moneys previously collected pursuant to this section which are held in escrow, after administrative expenses have been met and up to $150,000 has been used to establish a financial aid data processing system for the State University System incorporating the necessary features to meet the needs of all nine universities for application through disbursement processing, shall be reallocated to the generating institutions to be used for student financial aid programs, including, but not limited to, scholarships and grants for educational purposes. Upon such determination, such fees shall no longer be assessed and collected.

(2)  The Department of Education is authorized, in accordance with rules established by the State Board of Administration, to receive and administer grants and donations from any source and in its discretion to establish criteria, select recipients, and award scholarships and loans from the fees provided for by this section and to fix the interest rates and terms of repayment thereof.

History.--s. 8, ch. 71-372; s. 14, ch. 72-169; s. 70, ch. 72-221; s. 2, ch. 76-227; s. 1, ch. 78-233; s. 72, ch. 79-222; s. 1, ch. 82-127; s. 171, ch. 92-279; s. 55, ch. 92-326; s. 7, ch. 93-120.

Note.--Former s. 239.671.

240.418  Need-based financial aid; no preference to students receiving other aid.--From the funds collected by state universities and community colleges as a financial aid fee and from other funds appropriated by the Legislature for financial aid from the Educational Enhancement Trust Fund, institutions shall expend those moneys designated as need-based financial aid with no preference given to students who also qualify for merit-based or other financial aid awards.

History.--s. 27, ch. 90-302.

240.421  Florida Council of Student Financial Aid Advisors.--

(1)  There is created the Florida Council of Student Financial Aid Advisors for the purpose of advising the State Board of Education, the Legislature, the Board of Regents, the State Board of Community Colleges, and the Postsecondary Education Planning Commission on policy matters related to student financial aid.

(a)  The council shall be composed of the Chancellor of the State University System, or his or her designee, the Executive Director of the Division of Community Colleges, or his or her designee, the Executive Director of the Independent Colleges and Universities of Florida, the Executive Director of the Florida Association of Postsecondary Schools and Colleges, or his or her designee, and 14 members who shall be appointed by the Commissioner of Education. The membership of the council appointed by the Commissioner of Education shall include:

1.  Two persons from the commercial financial community in this state.

2.  Two persons from the postsecondary education community in this state who must be either the president, chief academic officer, or principal administrator for student services of a postsecondary educational institution.

3.  Two practicing financial aid administrators for accredited private postsecondary institutions in this state.

4.  Two practicing financial aid administrators for public community colleges in this state.

5.  Two practicing financial aid administrators for state universities in this state.

6.  Two practicing financial aid administrators for degree career education centers in this state, one of whom shall represent proprietary schools.

7.  One lay citizen who does not derive a majority of his or her income from education or the commercial financial field.

8.  One full-time student enrolled in postsecondary education in this state.

(b)  The Commissioner of Education in appointing the members specified in ¹subparagraphs 3.-5. shall consider any recommendations submitted by the Florida Association of Student Financial Aid Administrators.

(c)  At no time may more than one person from the same institution serve as a member of the council, with the exception of the student member, who shall be selected at large.

(d)  The terms of members shall be 4 years, except for the full-time student member, who shall serve for 2 years, but the terms of new members shall be fixed by the commissioner in such manner as will provide for the expiration every 2 years of the terms of seven members.

(e)  Any vacancy shall be filled by the appointment of a person of the same classification or status as his or her predecessor, and such appointee shall hold office for the balance of the unexpired term.

(2)(a)  The council shall elect a recording secretary, a vice chairperson, and a chairperson from its membership who shall be its principal officers. The council shall meet no less frequently than quarterly at the call of its chairperson; at the request of a majority of its membership; at the request of the Commissioner of Education, the State Board of Education, the Legislature, or the Governor; or at such times as may be prescribed by its rules. Minutes of all meetings of the council must be submitted to the department, each member of the council, the financial aid director of each community college and state university, and to the financial aid directors of each independent postsecondary institution that requests the minutes.

(b)  The members of the council shall receive no compensation for their services, but they shall be entitled to per diem and travel expenses, as provided in s. 112.061, when actually engaged in discharging their duties as members of the council.

(3)  The council shall:

(a)  Prepare and submit to the State Board of Education, the President of the Senate, the Speaker of the House of Representatives, the Governor, the Board of Regents, the State Board of Community Colleges, and the Postsecondary Education Planning Commission, long-range plans and annual reports for financial aid in this state. The long-range plans shall establish goals and objectives for providing a comprehensive program of financial aid for students in this state and shall be updated every 5 years. The council shall also prepare an annual report that includes an assessment of progress made in achieving goals and objectives established in the long-range plans and includes recommendations for repealing or modifying existing financial aid programs or establishing new programs. A long-range plan shall be submitted by January 1, 1993, and every 5 years thereafter. An annual report shall be submitted on January 1, 1994, and in each successive year that a long-range plan is not submitted.

(b)  Review biennial financial aid reports of the department, required by this chapter, prior to their submission to the Legislature and the State Board of Education.

(c)  Review and make recommendations to the Legislature related to proposed financial aid legislation.

(d)  Meet at least once annually with the Commissioner of Education.

History.--s. 2, ch. 63-452; ss. 15, 35, ch. 69-106; s. 15, ch. 69-180; s. 70, ch. 72-221; s. 7, ch. 75-302; s. 4, ch. 78-323; s. 73, ch. 79-222; ss. 1, 2, 3, ch. 81-73; ss. 1, 4, ch. 82-46; s. 2, ch. 83-265; ss. 11, 12, 13, ch. 83-291; s. 6, ch. 84-94; s. 5, ch. 86-286; ss. 1, 4, ch. 87-22; s. 20, ch. 89-207; ss. 1, 2, ch. 92-11; s. 64, ch. 95-148; s. 9, ch. 99-252.

¹Note.--The subparagraphs referenced are in paragraph (a).

Note.--Former ss. 239.67(2)(a)-(h), 239.68.

240.424  Duties of the department.--The duties of the department shall include:

(1)  Administration of this part and rules adopted by the State Board of Education.

(2)  Administration of federal funding, insurance, or reinsurance in full compliance with applicable federal laws and regulations.

(3)  Development of written administrative procedures and controls for the administration of each financial aid program conducted by the office, maintenance of program records and documents, timely collection and remittance of insurance premiums, and timely assignment of defaulted loans to collection agencies.

(4)  Annual compilation of sources of financial aid available to students in this state.

(5)  Biennial analysis of the amount of available financial aid moneys and the effect of such moneys on student access to postsecondary institutions.

(6)  Biennial internal evaluation of the administrative efficiency and effectiveness of the office.

(7)  Annual assessment of the accuracy of eligibility information from a random sample of award recipients.

(8)  Annual review of procedures for the distribution of state financial aid funds.

(9)  Development and submission of a report, by March 1, 1988, and annually thereafter, to the State Board of Education, the President of the Senate, and the Speaker of the House of Representatives, which shall include, but not be limited to, recommendations for the distribution of state financial aid funds.

(10)  Development and evaluation of a comprehensive, long-range program of all sources of student financial aid.

(11)  Dissemination of information on available financial aid programs to superintendents of schools and other persons who request such information.

(12)  Calculation of the amount of need-based student financial aid required to offset fee increases recommended by the Board of Regents and State Board of Community Colleges and inclusion of such amount within the legislative budget request for student assistance grant programs.

History.--s. 14, ch. 83-291; s. 3, ch. 87-22; s. 10, ch. 92-144.

240.429  Assistance programs and activities of the department.--

(1)  The department may contract for the administration of the student financial assistance programs as specifically provided in ss. 240.413, 240.417, 240.439, and 295.01.

(2)  The department may contract to provide the planning and development activities required pursuant to the provisions of this part.

(3)  The department shall administer the guarantee of student loans made by participating commercial financial institutions in such a manner as to fully comply with applicable provisions of the Higher Education Act of 1965, as amended, relating to loan reinsurance.

(4)  The department shall maintain records on the student loan default rate of each Florida postsecondary institution and report that information annually to both the institution and the respective sector board.

History.--s. 4, ch. 77-338; s. 74, ch. 79-222; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 17, ch. 83-291; s. 6, ch. 84-94; s. 21, ch. 89-207; s. 12, ch. 89-367; s. 8, ch. 93-120.

Note.--Former s. 239.684.

240.431  Funding for programs administered by the department.--

(1)  In the preparation of its annual budget, the department shall request that the Legislature continue to provide funding for applicable programs from the General Revenue Fund.

(2)  The department is authorized to expend moneys from available trust funds in applicable student financial assistance programs.

(3)  There is created a Student Loan Guaranty Reserve Fund, which shall be administered by the department in carrying out the provisions of this act.

(4)  The principal sources of operating funds shall be from the earnings from the temporary investment of the Student Loan Guaranty Reserve Fund and from compensation for services performed under contract for the administration of student financial assistance programs pursuant to s. 240.429.

(5)  The department is authorized to accept grant funds under the State Student Incentive Grant Program of the Federal Government, as provided by the Higher Education Act of 1965, as amended.

(6)  The department is authorized to accept federal advances for the establishment of the Student Loan Guaranty Reserve Fund pursuant to the Higher Education Act of 1965, as amended, under agreement with the United States Commissioner of Education and to maintain such advances until recalled by the United States Commissioner of Education.

(7)  The department is authorized to assess a student loan insurance premium on each loan guaranteed by the department. The amount of insurance premium will be determined by the department in the amount sufficient to maintain the pledged level of reserve funds but in no event may the amount of the insurance premium exceed the maximum provided by federal law.

(8)  The department shall invest, or contract for the temporary investment of, any unencumbered cash, and the interest earned therefrom, except as otherwise provided for by law or covenant, shall accrue to the Student Loan Guaranty Reserve Fund or for the administration of financial aid programs.

History.--s. 5, ch. 77-338; s. 75, ch. 79-222; s. 108, ch. 79-400; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 18, ch. 83-291; s. 6, ch. 84-94.

Note.--Former s. 239.685.

240.437  Student financial aid planning and development.--

(1)  There is created a student financial aid planning and development program which shall be administered by the Department of Education. It is the intent of the Legislature that a specific sum of funds be allocated each year for the purpose of sponsoring the design, development, and implementation of a comprehensive program of student financial aid and of initiating activities of inservice training for student financial aid administrators and activities to encourage maximum lender participation in guaranteed loans. The Florida Council of Student Financial Aid Advisors shall serve as the advisory body to the Department of Education in the development of a comprehensive program of student financial aid.

(2)  The objective of a state program is the maintenance of a state student financial aid program to supplement a basic national program which will provide equal access to postsecondary education to citizens of this state who have the ability and motivation to benefit from a postsecondary education. In the development of a state program to achieve this objective, it shall be the policy that:

(a)  State student financial aid be provided primarily on the basis of financial need;

(b)  Students receiving need-based financial aid be expected to contribute toward their cost of education through self-help resources such as savings, work, and loans;

(c)  Student financial aid be available to state residents for attendance at accredited public or private institutions of higher education in this state;

(d)  Student financial aid be provided for all levels of postsecondary education; and

(e)  State student financial aid be administered by a central state agency.

Planning and development must be in accordance with the foregoing objective and policies.

(3)  The planning and development procedures shall provide for:

(a)  The review of public policy;

(b)  The development of performance objectives;

(c)  The development of alternate approaches;

(d)  The evaluation of performance; and

(e)  The participation and involvement in the planning process of representatives of the groups affected by a state program of student financial aid.

(4)  The state board shall adopt rules providing for the verification of the independent status of state financial aid recipients.

(5)  The department shall encourage industry and education linkages through the development of temporary employment opportunities for students attending postsecondary institutions in this state.

(6)  Effective July 1, 1992, all new and existing financial assistance programs authorized under this part which are not funded for 3 consecutive years after enactment shall stand repealed. Financial aid programs provided under this part on July 1, 1992, which lose funding for 3 consecutive years shall stand repealed. The Office of Student Financial Assistance of the Department of Education shall annually review the legislative appropriation of financial aid to identify such programs.

History.--s. 8, ch. 70-399; s. 76, ch. 79-222; s. 25, ch. 81-193; s. 159, ch. 81-259; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 20, ch. 83-291; s. 6, ch. 84-94; s. 10, ch. 89-367; s. 4, ch. 90-236; s. 11, ch. 92-144; s. 14, ch. 97-169; s. 16, ch. 97-246.

Note.--Former s. 239.69.

240.439  Student Loan Program.--There is hereby created a Student Loan Program, referred to in ss. 240.439-240.463 as the program.

History.--s. 1, ch. 72-169; s. 76, ch. 79-222; s. 11, ch. 95-376.

Note.--Former s. 239.70.

240.441  Issuance of revenue bonds pursuant to s. 15, Art. VII, State Constitution.--

(1)  The issuance of revenue bonds to finance the establishment of the program, to be payable primarily from payments of interest, principal, and handling charges to the program from the recipients of the loans, and with the other revenues authorized hereby being pledged as additional security, is hereby authorized, subject and pursuant to the provisions of s. 15, Art. VII, State Constitution; the State Bond Act, ss. 215.57-215.83; and ss. 240.439-240.463.

(2)  The amount of such revenue bonds to be issued shall be determined by the Division of Bond Finance of the State Board of Administration. However, the total principal amount outstanding shall not exceed $80 million, other than refunding bonds issued pursuant to s. 215.79.

History.--ss. 2, 3, ch. 72-169; s. 3, ch. 76-227; s. 10, ch. 77-338; s. 77, ch. 79-222; s. 172, ch. 92-279; s. 55, ch. 92-326; s. 12, ch. 95-376.

Note.--Former s. 239.705.

240.447  Approval of loans; administration of program.--

(1)  The loans to be made with the proceeds of the program shall be determined and approved by the Department of Education, pursuant to rules promulgated by the State Board of Education. The program shall be administered by the Department of Education as provided by law and the proceeds thereof shall be maintained and secured in the same manner as other public trust funds.

(2)  The Department of Education is authorized to contract for the purchase of federally insured student loans to be made by other eligible lenders under the guaranteed student loan program; however, any such loans must comply with all applicable requirements of s. 15, Art. VII of the State Constitution, ss. 240.439-240.463, the rules of the State Board of Education relating to the guaranteed student loan program, and the proceedings authorizing the student loan revenue bonds, and the loans so purchased shall have been made during the period specified in the contract.

(3)  The Department of Education is authorized to sell loan notes acquired pursuant to ss. 240.439-240.463 to the federally created Student Loan Marketing Association or another federally authorized holder of such notes. The department may also repurchase loan notes from authorized holders of such notes. The department shall comply with applicable federal law and regulations and the provisions of any agreement with the Student Loan Marketing Association or the other authorized holders.

History.--s. 6, ch. 72-169; s. 5, ch. 76-227; s. 1, ch. 78-11; s. 80, ch. 79-222; s. 22, ch. 83-291; s. 13, ch. 95-376.

Note.--Former s. 239.72.

240.449  Loan agreements.--The Department of Education is hereby authorized to enter into loan agreements between the department and the recipients of loans from the program for such periods and under such other terms and conditions as may be prescribed by the applicable rules and regulations and mutually agreed upon by the parties thereto in order to carry out the purposes of s. 15, Art. VII, State Constitution and ss. 240.439-240.463.

History.--s. 7, ch. 72-169; s. 81, ch. 79-222; s. 160, ch. 81-259; s. 14, ch. 95-376.

Note.--Former s. 239.725.

240.451  Terms of loans.--The term of all authorized loans shall be fixed by rules adopted by the state board and the loan agreements to be entered into with the student borrowers.

History.--s. 8, ch. 72-169; s. 81, ch. 79-222; s. 23, ch. 83-291.

Note.--Former s. 239.73.

240.453  Rate of interest and other charges.--The Department of Education shall from time to time fix the interest and other charges to be paid for any student loan, at rates sufficient to pay the interest on revenue bonds issued pursuant to ss. 240.439-240.463, plus any costs incident to issuance, sale, security, and retirement thereof, including administrative expenses.

History.--s. 9, ch. 72-169; s. 82, ch. 79-222.

Note.--Former s. 239.735.

240.457  Procurement of insurance as security for loans.--The Department of Education may contract with any insurance company or companies licensed to do business in the state for insurance payable in the event of the death or total disability of any student borrower in an amount sufficient to retire the principal and interest owed under a loan made as provided in ss. 240.439-240.463. The cost of any insurance purchased under this section shall be paid by the student borrower as a part of the handling charges for the loan or as a separate item to be paid in connection with the loan.

History.--s. 11, ch. 72-169; s. 84, ch. 79-222.

Note.--Former s. 239.745.

240.459  Participation in guaranteed student loan program.--The state board shall adopt rules necessary for participation in the guaranteed student loan program, as provided by the Higher Education Act of 1965 (20 U.S.C. ss. 1071 et seq.), as amended or as may be amended. The intent of this act is to authorize student loans when this state, through the Department of Education, has become an eligible lender under the provisions of the applicable federal laws providing for the guarantee of loans to students and the partial payment of interest on such loans by the United States Government.

History.--s. 12, ch. 72-169; s. 85, ch. 79-222; s. 24, ch. 83-291.

Note.--Former s. 239.75.

240.4595  Student Loan Operating Trust Fund.--

(1)  The Student Loan Operating Trust Fund is hereby created, to be administered by the Department of Education. Funds shall be credited to the trust fund pursuant to the Higher Education Act of 1965, as amended, from loan processing and issuance fees, administrative cost allowances, account maintenance fees, default aversion fees, amounts remaining from collection of defaulted loans, amounts borrowed from the Student Loan Guaranty Reserve Fund, and other amounts specified in federal regulation. The purpose of the trust fund is to segregate funds used for administration of the guaranteed student loan program from the reserve funds used to guarantee student loans contained in the Student Loan Guaranty Reserve Fund. The fund is exempt from the service charges imposed by s. 215.20.

(2)  Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and shall be available for carrying out the purposes of the trust fund.

(3)  Pursuant to the provisions of s. 19(f)(2), Art. III of the State Constitution, the trust fund shall, unless terminated sooner, be terminated on July 1, 2003. However, prior to its scheduled termination, the trust fund shall be reviewed as provided in s. 215.3206(1) and (2).

History.--s. 1, ch. 99-236.

240.461  Provisions of ss. 240.439-240.463 cumulative.--The provisions of ss. 240.439-240.463 shall be in addition to the other provisions of this chapter and shall not be construed to be in derogation thereof, except as otherwise expressly provided hereby.

History.--s. 13, ch. 72-169; s. 86, ch. 79-222.

Note.--Former s. 239.755.

240.463  Validation of bonds.--Revenue bonds issued pursuant to ss. 240.439-240.463 shall be validated in the manner provided by chapter 75. In actions to validate such revenue bonds, the complaint shall be filed in the circuit court of the county where the seat of state government is situated, the notice required by s. 75.06 to be published shall be published only in the county where the complaint is filed, and the complaint and order of the circuit court shall be served only on the attorney of the circuit in which the action is pending.

History.--s. 15, ch. 72-169; s. 82, ch. 73-333; s. 87, ch. 79-222.

Note.--Former s. 239.76.

240.465  Delinquent accounts.--

(1)  The Department of Education is directed to exert every lawful and reasonable effort to collect all delinquent unpaid and uncanceled scholarship loan notes, student loan notes, and defaulted guaranteed loan notes.

(2)  The department is authorized to establish a recovery account into which unpaid and uncanceled scholarship loan note, student loan note, and defaulted guaranteed loan note accounts may be transferred.

(3)  The department is authorized to settle any delinquent unpaid and uncanceled scholarship loan notes, student loan notes, and defaulted guaranteed loan notes and to employ the service of a collection agent when deemed advisable in collecting delinquent or defaulted accounts. However, no collection agent may be paid a commission in excess of 35 percent of the amount collected. Any expense incurred by the department in enforcing the collection of a loan note may be borne by the signer of the note and may be added to the amount of the principal of such note.

(4)  The department is authorized to charge off unpaid and uncanceled scholarship loan notes and student loan notes which are at least 3 years delinquent and which prove uncollectible after good faith collection efforts. However, a delinquent account with a past due balance of $25 or less may be charged off as uncollectible when it becomes 6 months past due and the cost of further collection effort or assignment to a collection agent would not be warranted.

(5)  No individual borrower who has been determined to be in default in making legally required scholarship loan, student loan, or guaranteed loan repayments shall be furnished with his or her academic transcripts or other student records until such time as the loan is paid in full or the default status has been removed.

(6)  The department is authorized to charge an individual borrower who has been determined to be in default in making legally required loan repayments the maximum interest rate authorized by law.

(7)  The State Board of Education shall adopt such rules as are necessary to regulate the collection, settlement, and charging off of delinquent unpaid and uncanceled scholarship loan notes, student loan notes, and defaulted guaranteed loan notes.

History.--s. 14, ch. 75-302; s. 6, ch. 76-227; s. 88, ch. 79-222; s. 25, ch. 83-291; s. 7, ch. 86-195; s. 65, ch. 95-148.

Note.--Former s. 239.80.

240.47  Short title.--Sections 240.47-240.497 may be cited as the "Florida Higher Education Loan Authority Act."

History.--s. 1, ch. 82-241.

240.471  Purpose.--It is the purpose of this act to provide assistance and an additional method of financing the cost of higher education to students and the families of students attending institutions of higher education in this state and to encourage investment of private capital to provide funds for financing student loans.

History.--s. 2, ch. 82-241.

240.472  Definitions.--As used in this act:

(1)  "Authority" means any public corporation created by s. 240.473 or any board, body, commission, department, or officer of the county succeeding to the principal functions thereof or to whom the powers conferred upon an authority by this act are given by this act.

(2)  "Authority loan" means any loan by an authority to an institution of higher education for the purpose of funding education loans.

(3)  "Bond" or "revenue bond" means any revenue bond of an authority issued under the provisions of this act, including any revenue-refunding bond, notwithstanding that the bond may be secured by mortgage or the full faith and credit of a participating institution of higher education or any other lawfully pledged security of a participating institution of higher education.

(4)  "Bond resolution" means the resolution of an authority and the trust agreement, if any, and any supplement or amendment to the foregoing, authorizing the issuance of, and providing for the terms and conditions applicable to, obligations.

(5)  "Bond service charge" means the principal (including mandatory sinking fund requirements for retirement of obligations) and interest, and redemption premium, if any, required to be paid by an authority on obligations.

(6)  "Borrower" means any student who has received an education loan or any parent who has received or agreed to pay an education loan.

(7)  "Clerk" means the clerk of a commission or the county officer charged with the duties customarily imposed upon the clerk.

(8)  "Commission" means a board of county commissioners or other body charged with governing the county.

(9)  "Default insurance" means insurance insuring education loans, authority loans, or obligations against default.

(10)  "Default reserve fund" means a fund established pursuant to a bond resolution for the purpose of securing education loans, authority loans, or obligations.

(11)  "Education loan" means a loan which is made by an institution to a student or the parents of a student, or both, in an amount not in excess of the maximum amount specified in regulations to be formulated by the authority, in order to finance all or any part of the cost of the student's attendance at such institution.

(12)  "Education loan series portfolio" means all educational loans made by a specific institution which are funded from the proceeds of an authority loan to such institution out of the proceeds of a related specific issue of obligations through the authority.

(13)  "Institution" means any college or university which, by virtue of law or charter, is accredited by and holds membership in the Commission on Recognition of Postsecondary Accreditation; which grants baccalaureate or associate degrees; which is not a pervasively sectarian institution; and which does not discriminate in the admission of students on the basis of race, color, religion, sex, or creed.

(14)  "Loan funding deposit" means moneys or other property which is deposited by an institution with the authority or a trustee for the purpose of:

(a)  Providing security for obligations;

(b)  Funding a default reserve fund;

(c)  Acquiring default insurance; or

(d)  Defraying costs of the authority, and

which shall be in such amounts as are deemed necessary by the authority as a condition for participation by such institution in the program of the authority.

(15)  "Obligation" means any revenue bond, note, or other evidence of indebtedness of an authority, including any interest coupon pertaining thereto, issued under this act, including any refunding bond.

(16)  "Parent" means any parent or guardian of a student at an institution.

(17)  "Participating institution" means an institution of higher education which, pursuant to the provisions of this act, undertakes the financing of an educational student loan program or undertakes the refunding or refinancing of obligations, a mortgage, or advances as provided in and permitted by this act.

(18)  "Person" means any person, firm, partnership, association, corporation, or other body, public or private.

History.--s. 3, ch. 82-241; s. 14, ch. 94-310.

240.473  Authority; creation, membership, terms of members, expenses.--

(1)  In each county there is created a public body corporate and politic to be known as the "_____ County Education Loan Authority." Each such authority is constituted as a public instrumentality, and its exercise of the powers conferred by this act shall be deemed the performance of an essential public function. No authority shall transact any business or exercise any power pursuant to this act until the commission by ordinance or resolution declares that there is a need for an authority to function in such county.

(2)  The commission may adopt such an ordinance or resolution of need if it finds that the youth of the county and state do not have the opportunity to attend institutions of higher learning located within the county because of their inability to obtain financing for the cost of such education and the inability of such institutions to provide adequate financial aid to their students.

(3)  In any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of the authority, the authority shall be conclusively deemed to have been established and authorized to transact business and exercise its powers hereunder upon proof of the adoption of an ordinance or resolution by the commission declaring the need for the authority. Such ordinance or resolution shall be sufficient if it declares that there is such a need for an authority in the county. A copy of such ordinance or resolution certified by the clerk shall be admissible in evidence in any suit, action, or proceeding.

(4)  The ordinance or resolution shall designate five persons as members of the authority. The membership of the authority shall include:

(a)  A trustee, director, officer, or employee of an institution located in such county.

(b)  One lay citizen who does not derive a majority of his or her income from education or an education-related field.

(c)  Two persons from the commercial financial community in the county, each of whom has a favorable reputation for skill, knowledge, and experience in the field of state and municipal finance.

(d)  One person from the commercial financial community or educational community in the state who has a favorable reputation for skill, knowledge, and experience in the field of higher education loan finance.

(5)  Of the members first appointed, one shall serve for 1 year, one for 2 years, one for 3 years, one for 4 years, and one for 5 years, in each case until his or her successor is appointed and has qualified. Thereafter, the commission shall appoint for terms of 5 years each members to succeed those whose terms will expire. The commission shall fill any vacancy for the unexpired portion of the term. Any member of the authority may be reappointed. Any member of the authority may be removed by the commission for misfeasance, malfeasance, or willful neglect of duty. Before entering upon his or her duties, each member of the authority shall take and subscribe to the oath or affirmation required by the State Constitution. A record of each such oath shall be filed with the Department of State and with the clerk.

(6)  The authority shall annually elect one of its members as chair and one as vice chair and shall also appoint an executive director who shall not be a member of the authority and who shall serve at the pleasure of the authority and receive such compensation as fixed by the authority.

(7)  The executive director shall keep a record of the proceedings of the authority and shall be custodian of all books, documents, and papers filed with the authority; the minute book or journal of the authority; and its official seal. The director may have copies made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies, and any person dealing with the authority may rely upon any such certificate.

(8)  Three members of the authority shall constitute a quorum, and the affirmative vote of a majority of the members present at a meeting shall be necessary for any action to be taken; however, any action may be taken by an authority with the unanimous consent of all of the members. A vacancy in the membership of the authority shall not impair the right of a quorum to exercise the rights or perform the duties of the authority. The majority shall not include any member who has a conflict of interest, and a statement by a member of a conflict of interest is conclusive for this purpose. Any action taken by the authority under the provisions of this act may be authorized by resolution at any regular or special meeting. Each such resolution shall take effect immediately and need not be published or posted.

(9)  The members of the authority shall receive no compensation for the performance of their duties, but each member, when engaged in the performance of such duties, shall be entitled to per diem and travel expenses as provided in s. 112.061.

(10)  Notwithstanding any other law to the contrary, it shall not be, nor shall it constitute, a conflict of interest for a trustee, director, officer, or employee of an institution to serve as a member of the authority.

History.--s. 4, ch. 82-241; s. 66, ch. 95-148.

240.474  Functions and powers of authority.--Each authority shall have the following functions and powers:

(1)  To adopt rules for the regulation of its affairs and the conduct of its business.

(2)  To adopt an official seal.

(3)  To maintain an office at a place it designates.

(4)  To sue and be sued in its own name and to plead and be impleaded.

(5)  To establish rules for the use of education loan financing programs and to designate a participating institution as its agent to establish rules for the use of a program undertaken by such participating institution.

(6)  To issue obligations for the purpose of making authority loans to participating institutions for the purpose of providing education loans utilizing such eligibility standards for borrowers as the authority determines to be necessary, but such standards shall include the following:

(a)  Each student shall have a certificate of admission or enrollment at a participating institution;

(b)  Each student or his or her parents shall satisfy such financial qualifications as the authority shall establish; and

(c)  Each student and his or her parents shall submit such information to the applicable institution as may be required by the authority.

(7)  To contract with financial institutions and other qualified loan origination and servicing organizations, which shall assist in prequalifying borrowers for education loans and which shall service and administer each education loan and the respective loan series portfolio of each institution, and to establish sufficient fees for each educational loan to cover the applicable pro rata cost of such servicing and originating organizations.

(8)  To establish criteria governing the eligibility of institutions to participate in its programs, the making and allocation of authority loans and education loans, provisions for default, the establishment of default reserve funds, the purchase of default insurance, the provision of prudent debt service reserves, and the furnishing by participating institutions of such additional guarantees of the education loans, authority loans, or obligations as the authority shall determine necessary to assure the marketability of the obligations and the adequacy of the security therefor; however, the provisions applicable to participation by Florida public participating institutions in the financing programs of the authority shall be subject to approval and authorization by the budgetary and other state agencies having jurisdiction over those institutions.

(9)  To fix, revise, charge, and collect rates, fees, and charges for services furnished by the authority and to contract with any person in respect thereto, including any financial institution, loan originator, servicer, administrator, issuer of letters of credit, or insurer.

(10)  To employ consultants, attorneys, accountants, financial experts, loan processors, bankers, managers, and such other employees and agents as may be necessary and to fix their compensation.

(11)  To receive and accept, from any source, loans, contributions, or grants for or in aid of an authority education loan financing program or any portion thereof and, when required, to use such funds, property, or labor only for the purposes for which it was loaned, contributed, or granted.

(12)  To make authority loans to institutions and require that the proceeds thereof be used solely for making education loans or for costs and fees in connection therewith and to require institutions to obtain certification from each borrower that proceeds from any education loan are used solely for the purpose intended by this act.

(13)  To charge to and apportion among participating institutions administrative and operating costs and expenses incurred in the exercise of the powers and duties conferred by this act.

(14)  To borrow working capital funds and other funds as may be necessary for startup and continuing operations, provided that such funds are borrowed solely in the name of the authority. Such borrowings shall be limited obligations of the character described in s. 240.479 and shall be payable solely from revenues of the authority or proceeds of obligations pledged for that purpose.

(15)  Notwithstanding any other provisions of this act, to commingle and pledge as security for a series or issue of obligations, with the consent of all of the institutions which are participating in such series or issue:

(a)  The education loan series portfolios and some or all future education loan series portfolios of such institutions; and

(b)  The loan funding deposits of such institutions, except that education loan series portfolios and other security and moneys set aside in any fund pledged for any series or issue of obligations shall be held for the sole benefit of such series or issue separate and apart from education loan series portfolios and other security and moneys pledged for any other series of issue of obligations of the authority. Obligations may be issued in series under one or more resolutions or trust agreements in the discretion of the authority.

(16)  To examine records and financial reports of participating institutions and to examine records and financial reports of any contractor organization or institution retained by the authority under the provisions of this act.

(17)  To make loans to a participating institution to refund outstanding obligations, mortgages, or advances issued, made, or given by such institution for authority loans; and whenever such refunding obligations are issued to refund obligations, the proceeds of which were used to make authority loans, the authority may reduce the amount of interest owed to it by the institution which had received authority loans from the proceeds of the refunded obligations. Such institution may use this reduced amount to reduce the amount of interest being paid on education loans which the institution had made pursuant to the authority loans from the proceeds of the refunded obligations.

(18)  To authorize its officers, agents, and employees to take any other action which is necessary in order to carry out the purposes of this act.

History.--s. 5, ch. 82-241; s. 67, ch. 95-148.

240.475  Expenses of authority.--All expenses incurred in carrying out the provisions of this act shall be payable solely from funds provided under the provisions of this act; and, except as specifically authorized under this act, no liability shall be incurred by an authority beyond the extent to which moneys have been provided under this act.

History.--s. 6, ch. 82-241.

240.476  Higher education facilities authority as higher education loan authority.--As an alternative to the creation of an authority, a commission may confer all rights, powers, privileges, duties, and immunities of an authority upon any entity in existence on July 1, 1982, which has been authorized by law to function as a higher education facilities authority pursuant to the provisions of chapter 243. Any such entity which has been vested with the rights, powers, privileges, duties, and immunities of a higher education loan authority shall be subject to all provisions and responsibilities imposed by this act, notwithstanding any provisions to the contrary in any law which established the entity. Nothing in this act shall be construed to impair or diminish any powers of any other entity in existence on July 1, 1982, or to repeal, modify, or amend any law establishing such entity, except as specifically set forth herein.

History.--s. 7, ch. 82-241.

240.477  Moneys, endowments, properties; acquisition, deposit, and guarantees.--Each authority is authorized to establish specific guidelines relating to the deposits of moneys, endowments, or properties by institutions which moneys, endowments, or properties would provide prudent security for education loan funding programs, authority loans, education loans, or obligations; and it may establish guidelines relating to guarantees of, or contracts to purchase, education loans or obligations by such institutions, financial institutions, or others. A default reserve fund may be established for each series or issue of obligations. In this regard, the authority is empowered to receive such moneys, endowments, properties, and guarantees as it deems appropriate and, if necessary, to take title in the name of the authority or in the name of a participating institution or a trustee, subject, however, to the limitations applicable to public participating institutions set forth in s. 240.474(8).

History.--s. 8, ch. 82-241.

240.478  Conveyance of loan funding deposit to participating institutions.--When the principal of and interest on obligations of an authority issued to finance the cost of an education loan financing program, including any refunding obligations issued to refund and refinance such obligations, have been fully paid and retired or when adequate provision has been made to fully pay and retire the obligations and all other conditions of the bond resolution have been satisfied and the lien created by such bond resolution has been released in accordance with the provisions thereof, the authority shall promptly do such things and execute such deeds and conveyances as are necessary to convey any remaining moneys, properties, and other assets comprising loan funding deposits to the institutions in proportion to the amounts furnished by the respective institutions.

History.--s. 9, ch. 82-241.

240.479  Notes of authority.--An authority may issue its negotiable notes for any corporate purpose and renew any notes by the issuance of new notes, whether or not the notes to be renewed have matured. The authority may issue notes partly to renew notes or to discharge other obligations then outstanding and partly for any other purpose. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. Any resolution authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution authorizing revenue bonds or any issue thereof, and the authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. All such notes shall be payable solely from the revenues of the authority, subject only to any contractual rights of the holders of any of its notes or other obligations then outstanding.

History.--s. 10, ch. 82-241.

240.48  Issuance of obligations.--

(1)  An authority may issue its negotiable revenue obligations for any corporate purpose. In anticipation of the sale of such obligations, the authority may issue negotiable bond anticipation notes and may renew them, but the maximum maturity of any such note, including renewals thereof, shall not exceed 5 years from the date of issue of the original note. Such notes shall be paid from revenues of the authority available therefor and not otherwise pledged or from the proceeds of sale of the revenue bonds of the authority in anticipation of which they were issued. The notes shall be issued in the same manner as the revenue bonds. Such notes and the resolution authorizing them may contain any provisions, conditions, or limitations which a bond resolution of the authority may contain.

(2)  Each issue of obligations shall be payable solely out of those revenues of the authority that pertain to the program relating to such issue, including principal and interest on authority loans and education loans; payments by institutions of higher education, banks, insurance companies, or others pursuant to letters of credit or purchase agreements; investment earnings from funds or accounts maintained pursuant to the bond resolution; insurance proceeds; loan funding deposits; proceeds of sales of education loans; proceeds of refunding obligations; and fees, charges, and other revenues of the authority from such program, subject only to any agreements with the holders of particular revenue bonds or notes pledging any particular reserves.

(3)  The obligations may be issued as serial obligations or as term obligations, or in both forms. The obligations shall be authorized by a bond resolution of the authority and shall bear such dates; mature at such times, not to exceed the year following the last year in which the final payments in an education loan series portfolio are due or 30 years, whichever is sooner, from their respective dates of issue; bear interest at such rates; be payable at such times; be in such denominations; be in such form, either coupon or fully registered; carry such registration and conversion privileges; be payable in lawful money of the United States of America at such places; and be subject to such terms of redemption as such bond resolution may provide. Obligations shall be executed by the manual or facsimile signatures of such officers of the authority as shall be designated by the authority. Obligations may be sold at public or private sale in such manner and for such price as the authority shall determine. Pending preparation of the definitive bonds, the authority may issue interim receipts or certificates which shall be exchanged for such definitive bonds.

(4)  Any bond resolution may contain provisions, which shall be a part of the contract with the holders of the obligations to be authorized, as to:

(a)  The pledging or assigning of all or part of the revenues derived from the authority loans and education loans to secure the payment of the obligations to be issued.

(b)  The fees and other amounts to be charged; the sums to be raised in each year thereby; and the use, investment, and disposition of such sums.

(c)  The setting aside of loan funding deposits, debt service reserves, capitalized interest accounts, cost of insurance accounts, and sinking funds and the regulation, investment, and disposition thereof.

(d)  Limitations on the right of the authority or its agent to restrict and regulate the use of education loans.

(e)  Limitations on the purpose to which the proceeds of sale of any issue of obligations then or thereafter to be issued may be invested or applied.

(f)  Limitations on the issuance of additional obligations; the terms upon which additional obligations may be issued and secured; the terms upon which additional obligations may rank on a parity with, or be subordinate or superior to, other obligations; and the refunding of outstanding obligations.

(g)  The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of obligations the holders of which must consent thereto, and the manner in which such consent may be given.

(h)  Limitations on the amount of moneys derived from the loan program to be expended for operating, administrative, or other expenses of the authority.

(i)  Defining the acts or omissions to act which constitute a default in the duties of the authority to holders of obligations and providing the rights or remedies of such holders in the event of a default.

(j)  Providing for guarantees, pledges or endowments, letters of credit, property, or other security for the benefit of the holders of such obligations.

(k)  Any other matters relating to the obligations which the authority deems desirable to include in the bond resolution.

(5)  Neither the members of the authority nor any person executing the obligations shall be liable personally on the obligations or be subject to any personal liability or accountability by reason of the issuance thereof.

(6)  The authority shall have power to purchase its obligations out of any funds available therefor. The authority may hold, pledge, cancel, or resell such obligations subject to and in accordance with agreements with bondholders.

(7)  The authority shall have the power to refund any of its obligations. Such refunding obligations shall be issued in the same manner as other obligations of the authority.

History.--s. 11, ch. 82-241; s. 116, ch. 83-217.

240.481  Trust agreement to secure obligations.--In the discretion of the authority, any obligations issued under the provisions of this act may be secured by a trust agreement by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. The trust agreement may pledge or assign the revenues to be received by the authority; may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, particularly including such provisions as have hereinabove been specifically authorized to be included in any bond resolution of the authority; and may restrict individual rights of action by bondholders. Any bank or trust company incorporated under the laws of this state which may act as depository of the proceeds of bonds or of revenues or other moneys may furnish such indemnifying bonds or pledge such securities as may be required by the authority. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee. In addition, any trust agreement may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of the trust agreement may be treated as part of the cost of the operation of an education loan program.

History.--s. 12, ch. 82-241.

240.482  Payment of obligations.--Obligations issued under the provisions of this act shall not be deemed to constitute a debt or liability of the state or the county or a pledge of the faith and credit of the state or any county, but such obligations shall be payable solely from the funds herein provided therefor from revenues. Each such obligation shall contain on its face a statement to the effect that neither the county nor the authority shall be obligated to pay the same or the interest thereon except from revenues of the loan program for which it is issued and that neither the faith and credit nor the taxing power of the state or of any political subdivision thereof is pledged to the payment of the principal of or the interest on such bonds. The issuance of obligations under the provisions of this act shall not directly, indirectly, or contingently obligate the state or any political subdivision thereof to levy or pledge any form of taxation whatever therefor or to make any appropriation for their payment.

History.--s. 13, ch. 82-241.

240.483  Pledge of revenues.--Each authority shall fix, revise, charge, and collect fees, and it is empowered to contract with any person in respect thereof. Each agreement entered into by the authority with an institution shall provide that the fees and other amounts payable by the institution of higher education with respect to any program of the authority shall be sufficient at all times to:

(1)  Pay the institution's share of the administrative costs and expenses of such program;

(2)  Pay the principal of, the premium, if any, on, and the interest on outstanding obligations of the authority which have been issued in respect of such program to the extent that other revenues of the authority pledged for the payment of the obligations are insufficient to pay the obligations as they become due and payable;

(3)  Create and maintain reserves which may, but need not, be required or provided for in the bond resolution relating to such obligations of the authority; and

(4)  Establish and maintain whatever education loan servicing, control, or audit procedures are deemed necessary to the prudent operations of the authority.

The authority shall pledge the revenues from each program as security for the issue of obligations relating to such program. Such pledge shall be valid and binding from the time the pledge is made; the revenues so pledged by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding against all parties having claims of any kind in tort, in contract, or otherwise against the authority or any participating institution, irrespective of whether such parties have notice thereof.

History.--s. 14, ch. 82-241.

240.484  Funds as trust funds.--All moneys received by or on behalf of an authority pursuant to this act, whether as proceeds from the sale of obligations or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this act. Any officer with whom, or any bank or trust company with which, such moneys are deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes of this act, subject to such regulations as this act and the bond resolution authorizing the issue of any obligations may provide.

History.--s. 15, ch. 82-241.

240.485  Obligations; qualities of investment securities.--All obligations issued under the provisions of this act, regardless of form or terms, shall have all the qualities and incidents, including negotiability, of investment securities under the Uniform Commercial Code. Compliance with the provisions of such code respecting the filing of a financing statement to perfect a security interest is not necessary for perfecting any security interest granted by an authority.

History.--s. 16, ch. 82-241; s. 117, ch. 83-217.

240.486  Rights of holders of obligations.--Any holder of obligations issued pursuant to this act or a trustee under a trust agreement entered into pursuant to this act, except to the extent that the rights herein given may be restricted by any bond resolution or trust agreement, may, by any suitable form of legal proceedings:

(1)  Protect and enforce any and all rights under the laws of this state or granted hereunder or by the bond resolution or trust agreement;

(2)  Enjoin unlawful activities; and

(3)  In the event of default with respect to the payment of any principal of, premiums, if any, on, and interest on any obligation or in the performance of any covenant or agreement on the part of the authority in the bond resolution, apply to the circuit court to appoint a receiver to administer and operate the education loan program or programs, the revenues of which are pledged to the payment of principal of, premium, if any, on, and interest on such obligations, with full power to pay, and to provide for payment of, principal of, premium, if any, on, and interest on such obligations and with such powers, subject to the direction of the court, as are permitted by law and are accorded receivers, excluding any power to pledge additional revenues of the authority to the payment of such principal, premium, and interest.

History.--s. 17, ch. 82-241.

240.487  Refunding obligations; purpose, proceeds; investment of proceeds.--

(1)  An authority may provide for the issuance of obligations for the purpose of refunding any of its obligations then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase, or maturity of such obligations.

(2)  The proceeds of any such obligations issued for the purpose of refunding outstanding obligations may, in the discretion of the authority, be applied to the purchase or retirement at maturity or redemption of such outstanding obligations either on their earliest or any subsequent redemption date or upon the purchase or at the maturity thereof and may, pending such application, be placed in escrow to be applied to such purchase or retirement at maturity or redemption on such date as may be determined by the authority.

(3)  Any such escrowed proceeds, pending such use, may be invested and reinvested in direct obligations of the United States of America or in certificates of deposit or time deposits of financial institutions secured as to principal by such direct obligations, which direct obligations, certificates of deposit, or time deposits mature at such time as shall be appropriate to assure the prompt payment, as to principal, interest, and redemption premium, if any, of the outstanding obligations to be so refunded. The interest, income, and profits, if any, earned or realized on any such investment may also be applied to the payment of the outstanding obligations to be so refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of such proceeds and interest, income, and profits, if any, earned or realized on the investments thereof shall be returned to the authority for use in any lawful manner.

(4)  All such refunding bonds shall be subject to this act in the same manner and to the same extent as other revenue bonds issued pursuant to this act.

History.--s. 18, ch. 82-241.

240.488  Investment of funds of authority.--Except as otherwise provided in s. 240.487(3), an authority may invest any funds in:

(1)  Direct obligations of the United States of America;

(2)  Obligations as to which the timely payment of principal and interest is fully guaranteed by the United States of America;

(3)  Obligations of the Federal Intermediate Credit Banks, Federal Banks for Cooperatives, Federal Land Banks, Federal Home Loan Banks, Federal National Mortgage Association, Government National Mortgage Association, and Student Loan Marketing Association;

(4)  Certificates of deposit or time deposits constituting direct obligations of any financial institution as defined by the financial institutions codes, as now or hereafter amended, except that investments may be made only in those certificates of deposit or time deposits in financial institutions which are insured by the appropriate federal regulatory agency as defined in s. 655.005; and

(5)  Withdrawable capital accounts or deposits of state or federally chartered savings and loan associations which are insured by an agency of the Federal Government. Any such securities may be purchased at the offering or market price thereof at the time of such purchase. All such securities so purchased shall mature or be redeemable on a date prior to the time when, in the judgment of the authority, the funds so invested will be required for expenditure. The express judgment of the authority as to the time when any funds will be required for expenditure or be redeemable is final and conclusive.

History.--s. 19, ch. 82-241; s. 118, ch. 83-217; s. 198, ch. 92-303.

240.489  Obligations as legal investments.--Any bank, banker, trust company, savings bank or institution, building and loan association, savings and loan association, investment company, or other person carrying on a banking business or investment business; insurance company or insurance association; executor, administrator, guardian, trustee, or other fiduciary; or public officer or public body of the state or its political subdivisions may legally invest any sinking funds, moneys, or other funds belonging to it or within its control in any obligations issued pursuant to this act.

History.--s. 20, ch. 82-241.

240.49  Validation of bonds and proceedings.--A higher education loan authority shall determine its authority to issue any of its bonds, and the legality of all proceedings in connection therewith, as provided in chapter 75.

History.--s. 21, ch. 82-241.

240.491  Actions to contest validity of bonds.--An action or proceeding to contest the validity of any bond issued under this act, other than a proceeding pursuant to s. 240.49, shall be commenced within 30 days after notification, in a newspaper of general circulation within the area, of the passage by the authority of the resolution authorizing the issuance of such bond.

History.--s. 22, ch. 82-241.

240.492  Annual report.--Each authority shall keep an accurate account of all of its activities and shall annually provide a report thereof to the commission and to the Commissioner of Education. Such report shall be a public record and open for inspection at the offices of the authority during normal business hours. The report shall include:

(1)  Summaries of all applications by institutions of higher education for education loan financing assistance presented to the authority during such fiscal year;

(2)  Summaries of all education loan programs which have received any form of financial assistance from the authority during such year;

(3)  The nature and amount of all education loan financing assistance;

(4)  A report concerning the financial condition of the various education loan series portfolios; and

(5)  Projected activities of the authority for the next fiscal year, including projections of the total amount of financial assistance anticipated and the amount of obligations that will be necessary to provide the projected level of assistance during the next fiscal year.

History.--s. 23, ch. 82-241.

240.493  Act as alternative method.--This act shall be deemed to provide a complete, additional, and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers or rights conferred by other laws; however, the issuance of obligations and refunding obligations under this act need not comply with the requirements of any other law applicable to the issuance of obligations. Except as otherwise expressly provided in this act, none of the powers granted to an authority under this act shall be subject to the supervision or regulation, or require the approval or consent, of any municipality or political subdivision or any department, division, commission, board, body, bureau, official, or agency thereof or of the state.

History.--s. 24, ch. 82-241.

240.494  State agreement.--The state does hereby pledge to and agree with the holders of any obligations issued under this act, and with those parties who may enter into contracts with an authority pursuant to the provisions of this act, that the state will not limit or alter the rights hereby vested in the authority until such obligations, together with the interest thereon, are fully met and discharged and such contracts are fully performed on the part of the authority; however, nothing herein contained shall preclude such limitation or alteration if adequate provision is made by law for the protection of the holders of such obligations of an authority or those entering into such contracts with an authority. An authority is authorized to include this pledge and undertaking for the state in such obligations or contracts.

History.--s. 25, ch. 82-241.

240.495  Conflicts of interest.--

(1)  If any member, officer, or employee of an authority has an interest, either direct or indirect, in any contract to which the authority is, or is to be, a party or in any institution requesting an authority loan from the authority, such interest shall be disclosed to the authority in writing and shall be set forth in the minutes of the authority. The person having such interest shall not participate in any action by the authority with respect to such contract or such institution.

(2)  Nothing in this section shall be construed to limit the right of any member, officer, or employee of an authority to acquire an interest in bonds of the authority or to have an interest in any banking institution in which the bonds of the authority are, or are to be, deposited or which is, or is to be, acting as trustee or paying agent under any bond resolution, trust indenture, or similar instrument to which the authority is a party.

History.--s. 26, ch. 82-241.

240.496  Liberal construction.--This act, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect its purpose.

History.--s. 27, ch. 82-241.

240.497  Tax exemption.--Neither an authority nor its agent or trustee shall be required to pay any taxes or assessments upon any transactions, or any property acquired or used by the authority or its agents or trustees under the provisions of this act or upon the income therefrom. Any bonds, notes, or other obligations issued under the provisions of this act and their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be exempt from taxation of any kind by the state or any of its political subdivisions. The exemption granted by this section shall not be applicable to any tax imposed by chapter 220 on interest, income, or profits on debt obligations owned by corporations.

History.--s. 28, ch. 82-241.

240.4975  State Board of Administration authority to borrow and lend funds to finance student loans; conditions and limitations.--

(1)  The State of Florida, acting through the State Board of Administration, is authorized to borrow funds to finance student loans and to lend such funds to eligible lenders described under the provisions of the Higher Education Act of 1965 (20 U.S.C. ss. 1071 et seq.), as amended or as may be amended, or other federal laws providing for the guarantee of loans to students and the partial payment of interest on such loans by the United States Government.

(2)  In order to obtain such funds, the State of Florida, acting through the State Board of Administration, is authorized to enter into loan agreements and interlocal agreements with any county, municipality, special district, or other local governmental body. Such agreements shall be for such periods and under such terms and conditions as may be mutually agreed upon by the parties thereto in order to carry out the purposes of s. 15, Art. VII of the State Constitution. The loans shall be repaid only from the proceeds received under loan agreements with eligible lenders or from the proceeds received from the repayment of the student loans. Such agreements shall provide that the loans to the state will not constitute a general or moral obligation or a pledge of the faith and credit or the taxing power of the state.

(3)  The State of Florida, acting through the State Board of Administration, is further authorized to enter into loan agreements or other contracts under which the state will loan the funds obtained from the local governments to eligible lenders as defined in s. 435(g)(1)(D) of the Higher Education Act of 1965 (20 U.S.C. ss. 1071 et seq.), as amended or as may be amended, or other federal laws providing for the guarantee of loans to students and the partial payment of interest on such loans by the United States Government. Such agreements or contracts shall be for such periods and under such terms and conditions as may be mutually agreed upon by the parties thereto in order to carry out the purposes of s. 15, Art. VII of the State Constitution. Higher Education Loan Program of Florida, Inc., a Florida nonprofit corporation, is hereby designated an eligible lender hereunder, and any other lender, to the extent permitted under s. 435(g)(1)(D) of the Higher Education Act of 1965 (20 U.S.C. ss. 1071 et seq.), as amended or as may be amended, or other federal laws providing for the guarantee of loans to students and the partial payment of interest on such loans by the United States Government, may be designated by the Governor, with the concurrence of the State Board of Administration, as an eligible lender hereunder.

(4)  The State of Florida, acting through the State Board of Administration, is further authorized to enter into such further contracts and to take such further actions as may be necessary or convenient in order to carry out the purposes of this section.

(5)  Notice shall be published in a newspaper of general circulation within the territorial jurisdiction of the governmental body following adoption by the local governmental body of a resolution authorizing a loan agreement or interlocal agreement under this section. An action or proceeding to contest the validity of any such loan agreement or interlocal agreement must be commenced within 30 days after publication of such notice.

(6)  The provisions of this section shall be liberally construed in order to effectively carry out its purposes. This section shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.

History.--s. 1, ch. 87-268.

240.498  Florida Education Fund.--

(1)  This section shall be known and may be cited as the "Florida Education Fund Act."

(2)(a)  The Florida Education Fund, a not-for-profit statutory corporation, is created from a challenge endowment grant from the McKnight Foundation and operates on income derived from the investment of endowment gifts and other gifts as provided by state statute and appropriate matching funds as provided by the state.

(b)  The amount appropriated to the fund shall be on the basis of $1 for each $2 contributed by private sources. The Florida Education Fund shall certify to the Legislature the amount of donations contributed between July 1, 1990, and June 30, 1991. Only the new donations above the certified base shall be calculated for state matching funds during the first year of the program. In subsequent years, only the new donations above the certified prior year base shall be calculated for state matching funds.

(3)  The Florida Education Fund shall use the income of the fund to provide for programs which seek to:

(a)  Enhance the quality of higher educational opportunity in this state;

(b)  Enhance equality by providing access to effective higher education programs by minority and economically deprived individuals in this state, with particular consideration to be given to the needs of both blacks and women; and

(c)  Increase the representation of minorities in faculty and administrative positions in higher education in this state and to provide more highly educated minority leadership in business and professional enterprises in this state.

(4)  The Florida Education Fund shall be administered by a board of directors, which is hereby established.

(a)  The board of directors shall consist of 12 members, to be appointed as follows:

1.  Two laypersons appointed by the Governor;

2.  Two laypersons appointed by the President of the Senate;

3.  Two laypersons appointed by the Speaker of the House of Representatives;

4.  Two representatives of the State University System appointed by the Board of Regents;

5.  Two representatives of the Florida Community College System appointed by the State Board of Community Colleges; and

6.  Two representatives of independent colleges or universities appointed by the State Board of Independent Colleges and Universities.

The board of directors may appoint to the board an additional five members from the private sector for the purpose of assisting in the procurement of private contributions. Such members shall serve as voting members of the board.

(b)  Each of the educational sectors in paragraph (a) shall be represented by a president and a faculty member of the corresponding institutions.

(c)  Each director shall hold office for a term of 3 years or until resignation or removal for cause. A director may resign at any time by filing his or her written resignation with the executive secretary for the board. The terms of the directors shall be staggered so that the terms of one-third of the directors will expire annually.

(d)  In the event of a vacancy on the board caused by other than the expiration of a term, a new member shall be appointed by the appointing entity in the sector of which the vacancy occurs.

(e)  Each member is accountable to the Governor for the proper performance of the duties of his or her office. The Governor shall cause any complaint or unfavorable report received concerning an action of the board or any of its members to be investigated and shall take appropriate action thereon. The Governor may remove any member from office for malfeasance, misfeasance, neglect of duty, incompetence, or permanent inability to perform his or her official duties or for pleading nolo contendere to, or being found guilty of, a crime.

(5)  The Board of Directors of the Florida Education Fund shall review and evaluate initial programs created by the McKnight Foundation and continue funding the Black Doctorate Fellowship Program and the Junior Fellowship Program if the evaluation is positive, and the board shall identify, initiate, and fund new and creative programs and monitor, review, and evaluate those programs. The purpose of this commitment is to broaden the participation and funding potential for further significant support of higher education in this state. In addition, the board shall:

(a)  Hold such meetings as are necessary to implement the provisions of this section.

(b)  Select a chairperson annually.

(c)  Adopt and use an official seal in the authentication of its acts.

(d)  Make rules for its own government.

(e)  Administer this section.

(f)  Appoint an executive director to serve at its pleasure and perform all duties assigned by the board. The executive director shall be the chief administrative officer and agent of the board.

(g)  Maintain a record of its proceedings.

(h)  Delegate to the chairperson of the board the responsibility for signing final orders.

(i)  Utilize existing higher education organizations, associations, and agencies to carry out its educational programs and purposes with minimal staff employment.

(j)  Be empowered to enter into contracts with the Federal Government, state agencies, or individuals.

(k)  Receive bequests, gifts, grants, donations, and other valued goods and services. Such bequests and gifts shall be used only for the purpose or purposes stated by the donor.

(6)  The board of directors is authorized to establish a trust fund from the proceeds of the Florida Education Fund. All funds deposited into the trust fund shall be invested pursuant to the provisions of s. 215.47. Interest income accruing to the unused portion of the trust fund shall increase the total funds available for endowments. The Department of Education may, at the request of the board of directors, administer the fund for investment purposes.

(7)  It is the intent of the Legislature that the Board of Directors of the Florida Education Fund recruit eligible residents of the state before it extends its search to eligible nonresidents. However, for the purposes of subsection (8), the board of directors shall recruit eligible residents only. It is further the intent of the Legislature that the board of directors establish service terms, if any, that accompany the award of moneys from the fund.

(8)  There is created a legal education component of the Florida Education Fund to provide the opportunity for minorities to attain representation within the legal profession proportionate to their representation within the general population. The legal education component of the Florida Education Fund includes a law school program and a pre-law program.

(a)  The law school scholarship program of the Florida Education Fund is to be administered by the Board of Directors of the Florida Education Fund for the purpose of increasing by 200 the number of minority students enrolled in law schools in this state. Implementation of this program is to be phased in over a 3-year period.

1.  The board of directors shall provide financial, academic, and other support to students selected for participation in this program from funds appropriated by the Legislature.

2.  Student selection must be made in accordance with rules adopted by the board of directors for that purpose and must be based, at least in part, on an assessment of potential for success, merit, and financial need.

3.  Support must be made available to students who enroll in private, as well as public, law schools in this state which are accredited by the American Bar Association.

4.  Scholarships must be paid directly to the participating students.

5.  Students who participate in this program must agree in writing to sit for The Florida Bar examination and, upon successful admission to The Florida Bar, to either practice law in the state for a period of time equal to the amount of time for which the student received aid, up to 3 years, or repay the amount of aid received.

6.  Annually the board of directors shall compile a report that includes a description of the selection process, an analysis of the academic progress of all scholarship recipients, and an analysis of expenditures. This report must be submitted to the President of the Senate, the Speaker of the House of Representatives, and the Governor.

(b)  The minority pre-law scholarship loan program of the Florida Education Fund is to be administered by the Board of Directors of the Florida Education Fund for the purpose of increasing the opportunity of minority students to prepare for law school.

1.  From funds appropriated by the Legislature, the board of directors shall provide for student fees, room, board, books, supplies, and academic and other support to selected minority undergraduate students matriculating at eligible public and independent colleges and universities in Florida.

2.  Student selection must be made in accordance with rules adopted by the board of directors for that purpose and must be based, at least in part, on an assessment of potential for success, merit, and financial need.

3.  To be eligible, a student must make a written agreement to enter or be accepted to enter a law school in this state within 2 years after graduation or repay the scholarship loan amount plus interest at the prevailing rate.

4.  Recipients who fail to gain admission to a law school within the specified period of time, may, upon admission to law school, be eligible to have their loans canceled.

5.  Minority pre-law scholarship loans shall be provided to 34 minority students per year for up to 4 years each, for a total of 136 scholarship loans. To continue receipt of scholarship loans, recipients must maintain a 2.75 grade point average for the freshman year and a 3.25 grade point average thereafter. Participants must also take specialized courses to enhance competencies in English and logic.

6.  The board of directors shall maintain records on all scholarship loan recipients. Participating institutions shall submit academic progress reports to the board of directors following each academic term. Annually, the board of directors shall compile a report that includes a description of the selection process, an analysis of the academic progress of all scholarship loan recipients, and an analysis of expenditures. This report must be submitted to the President of the Senate, the Speaker of the House of Representatives, and the Governor.

History.--s. 29, ch. 84-336; s. 8, ch. 90-365; s. 1, ch. 93-98; s. 1, ch. 94-145; s. 830, ch. 95-148; s. 43, ch. 95-392; s. 23, ch. 99-13.

240.4986  Health Care Education Quality Enhancement Challenge Grant Program for Community Colleges.--

(1)  There is established the Health Care Education Quality Enhancement Challenge Grant Program for Community Colleges to be administered by the Division of Community Colleges. The program shall provide matching grants for private contributions made to community colleges pursuant to this section. The program shall be used to encourage private support to improve quality of nursing programs and other health care education programs at community colleges in Florida. Such improvement includes increasing student access to, enrollment in, and completion of health care education programs.

(2)  The Legislature shall designate funds for the program. Such funds shall be divided into challenge grants to be administered by the Division of Community Colleges for distribution to community colleges.

(3)  The Legislature shall match each contribution from private sources made to community colleges pursuant to this section with $400 of state funds for each $600 in private contributions. Funds sufficient to provide the match shall be transferred to the community college upon certification that a proportionate amount has been received and deposited by the community college foundation in its own fund.

(4)  For every year in which there is a legislative appropriation to this program, the State Board of Community Colleges shall determine an amount of funds, based on the FTE enrollment in health care education programs, to be reserved to permit each community college an opportunity to match the challenge grant. The balance of the funds shall be available for matching by any community college. Funds which remain unmatched on March 1 of any year shall also be available for matching by any college. The State Board of Community Colleges shall establish the maximum amount which a college may receive from a legislative appropriation in any fiscal year.

(5)  The State Board of Community Colleges may establish priorities for use of these funds. Such use may include:

(a)  Expansion of enrollment.

(b)  Activities which improve retention.

(c)  Implementation of articulation agreements.

(d)  Cooperative programs between colleges, including, but not limited to, offering courses through satellite or video transmission and other linkage programs.

(6)  Each community college shall establish its own fund as a depository for the matching grant funds. The community college foundation shall be responsible for the maintenance, investment, and administration of its fund. Private contributions matched under the Health Care Education Quality Enhancement Challenge Grant Program may not be matched under other state matching programs.

(7)  The board of trustees of each community college, together with the college's foundation representing private contributors' interests, shall be responsible for determining the uses of the proceeds in its fund within the community college's nursing and health care education programs.

(8)  This section shall be implemented only to the extent specifically funded and authorized by law.

History.--s. 5, ch. 89-354; s. 64, ch. 92-136; s. 23, ch. 95-376.

240.4987  Florida Minority Medical Education Program.--

(1)  There is created a Florida Minority Medical Education Program to be administered by the Department of Education in accordance with rules established by the State Board of Education. The program shall provide scholarships to enable minority students to pursue a medical education at the University of Florida, the University of South Florida, the University of Miami, or Southeastern University of the Health Sciences, for the purpose of addressing the primary health care needs of underserved groups.

(2)  In order to be eligible to receive a scholarship pursuant to this section, an applicant shall:

(a)  Be a racial or ethnic minority student.

(b)  Be a citizen of the United States and meet the general eligibility requirements as provided in s. 240.404, except as otherwise provided in this section.

(c)  Have maintained residency in this state for no less than 1 year preceding the award.

(d)  Be accepted by, and enroll as a full-time student in, a Florida medical school.

(e)  Have an undergraduate grade point average established by rule.

(f)  Have received scores on selected examinations established by rule.

(g)  Meet financial need requirements established by rule.

(h)  Agree to serve in a medical corps for a period of not less than 2 years for the purpose of providing health care to underserved individuals in the State of Florida.

(3)  In order to renew a scholarship awarded pursuant to this section, a student shall maintain full-time student status and a cumulative grade point average established by rule.

(4)  The number of scholarships annually awarded shall be three per school. Priority in the distribution of scholarships shall be given to students with the lowest total family resources.

(5)  Funds appropriated by the Legislature for the program shall be deposited in the State Student Financial Assistance Trust Fund. Interest income accruing to the program from funds of the program in the trust fund not allocated shall increase the funds available for scholarships. Any balance in the trust fund at the end of any fiscal year that has been allocated to the program shall remain in the trust fund and shall be available for carrying out the purposes of this section.

(6)  A scholarship recipient who, upon graduation, defaults on the commitment to serve in the medical corps for the full 2 years shall be required to repay all scholarship money plus interest.

(7)  The State Board of Education shall adopt rules necessary to implement the provisions of this section.

History.--s. 1, ch. 91-203; s. 25, ch. 95-376.

240.4988  The Theodore R. and Vivian M. Johnson Scholarship Program.--

(1)  There is established the Theodore R. and Vivian M. Johnson Scholarship Program to be administered by the Board of Regents. The program shall provide scholarships to students attending a State University System institution. The program shall be funded by contributions from the Theodore R. and Vivian M. Johnson Scholarship Foundation and from state matching funds to be allocated from the Trust Fund for Major Gifts.

(2)  The amount to be allocated to the program shall be on the basis of a 50-percent match of funds from the Trust Fund for Major Gifts for each contribution received from the Theodore R. and Vivian M. Johnson Scholarship Foundation. The funds allocated to the program, including the corpus and interest income, shall be expended for scholarships to benefit disabled students of the State University System.

(3)  Students eligible for receipt of scholarship funds shall provide documentation of a disability and shall have a demonstrated financial need for the funds.

History.--s. 22, ch. 92-144; s. 35, ch. 95-376; s. 17, ch. 98-65.

240.4989  Educational leadership enhancement grants.--

(1)  State universities and public community colleges may submit proposals for educational leadership enhancement grants to the Commissioner of Education. Proposals shall be funded competitively.

(2)  To be eligible for funding, proposals must create programs designed to strengthen the academic and professional coursework or executive management preparation of women and minorities.

(3)  Each proposal must include specific measurable goals and objectives.

(4)  The State Board of Education may adopt any rules necessary to implement the provisions of this grant program.

(5)  The grant program shall be implemented to the extent funded in the General Appropriations Act.

History.--s. 29, ch. 92-321.

240.501  Assent to provisions of Act of Congress approved May 8, 1914; Board of Regents authorized to receive grants, etc.

240.503  Assent to Act of Congress approved May 22, 1928; Board of Regents authorized to receive grants, etc.

240.505  County or area extension programs; cooperation between counties and University of Florida.

240.507  Extension personnel; federal health insurance programs notwithstanding the provisions of s. 110.123.

240.5095  Pari-mutuel wagering funded research and development programs.

240.511  Agricultural experiment stations; assent to Act of Congress; federal appropriation.

240.5111  Multidisciplinary Center for Affordable Housing.

240.512  H. Lee Moffitt Cancer Center and Research Institute.

240.5121  Cancer control and research.

240.513  University of Florida; J. Hillis Miller Health Center.

240.5135  University Hospital of Jacksonville and Faculty Clinic; Board of Regents authorized to provide insurance.

240.514  Louis de la Parte Florida Mental Health Institute.

240.515  Florida Museum of Natural History; functions.

240.516  Vertebrate paleontological sites and remains; legislative intent and state policy.

240.5161  Program of vertebrate paleontology within Florida Museum of Natural History.

240.5162  Destruction, purchase, and sale of vertebrate fossils prohibited, exceptions; field investigation permits required; penalty for violation.

240.5163  Certain rights of mine or quarry operators and dragline or heavy equipment operators preserved.

240.517  Certain books furnished by Clerk of Supreme Court.

240.518  The Historically Black College and University Library Improvement Program.

240.519  School of optometry.

240.52  Collections management for museums and galleries of the State University System.

240.527  St. Petersburg branch, University of South Florida.

240.528  Broward County campuses of Florida Atlantic University; coordination with other institutions.

240.5285  Florida Atlantic University campuses.

240.529  Public accountability and state approval for teacher preparation programs.

240.52901  Rules; inclusion of instruction for teaching limited English proficiency students.

240.5291  Teaching profession enhancement grants.

240.53  Postdoctoral programs to train faculty to provide middle childhood education training and technical assistance.

240.531  Establishment of educational research centers for child development.

240.5321  Interdisciplinary Center for Brownfield Rehabilitation Assistance.

240.5325  Research activities relating to solid and hazardous waste management.

240.5326  Research protocols to determine most appropriate pollutant dispersal agents.

240.5329  Florida LAKEWATCH Program.

240.533  Gender equity in intercollegiate athletics.

240.5339  Short title.

240.5340  Definitions.

240.5341  Hearing prerequisite to finding of violation; hearing procedures.

240.5342  Penalties.

240.5343  Rights in interrogations.

240.5344  Rights.

240.5345  Prohibitions.

240.5346  Liability.

240.5347  Application.

240.5348  Exclusions.

240.5349  Cumulative remedies.

240.535  New World School of the Arts.

240.539  Advanced technology research.

240.540  Incubator facilities program.

240.541  Postsecondary education programs of excellence in mathematics, science, and computer education.

240.551  Florida Prepaid College Program.

240.552  Florida Prepaid Tuition Scholarship Program.

240.553  Florida College Savings Program.

240.6045  Limited access competitive grant program.

240.605  The William L. Boyd, IV, Florida resident access grants.

240.6054  Ethics in Business scholarships.

240.6055  Access grants for community college graduates.

240.606  Florida Work Experience Program.

240.607  Articulation agreements.

240.6071  Occupational therapist or physical therapist critical shortage program; definitions.

240.6072  Occupational therapist or physical therapist critical shortage program; establishment.

240.6073  Critical Occupational Therapist or Physical Therapist Shortage Student Loan Forgiveness Program.

240.6074  Critical Occupational Therapist or Physical Therapist Shortage Scholarship Loan Program.

240.6075  Critical Occupational Therapist or Physical Therapist Shortage Tuition Reimbursement Program.

240.609  Postsecondary endowment grants.

240.61  College reach-out program.

240.631  Florida Martin Luther King, Jr., Institute for Nonviolence; definitions.

240.632  Creation of institute.

240.633  Powers and duties.

240.634  Fellowships.

240.636  Research of Rosewood incident.

240.70  Substance abuse training programs.

240.701  Incentives for urban or socially and economically disadvantaged area internships.

240.702  Florida Conflict Resolution Consortium.

240.705  Partnerships to develop child protection workers.

240.706  Leadership Board for Applied Research and Public Service.

240.709  Institute on Urban Policy and Commerce.

240.501  Assent to provisions of Act of Congress approved May 8, 1914; Board of Regents authorized to receive grants, etc.--The Legislature, in behalf of and for the state, assents to, and gives its assent to, the provisions and requirements of a certain Act of Congress approved by the President May 8, 1914, being entitled "An Act to provide for cooperative agricultural extension work between the agricultural colleges in the several states receiving the benefits of the Act of Congress, approved July 2, 1862, and of acts supplementary thereto, and the United States Department of Agriculture"; and the Board of Regents, having supervision over and control of the University of Florida, located at Gainesville, may receive the grants of money appropriated under said Act of Congress and organize and conduct agricultural and home economics extension work, which shall be carried on in connection with the University of Florida, in accordance with the terms and conditions expressed in said Act of Congress.

History.--s. 1, ch. 6839, 1915; RGS 656; CGL 836; s. 18, ch. 65-130; s. 99, ch. 79-222.

Note.--Former s. 241.18.

240.503  Assent to Act of Congress approved May 22, 1928; Board of Regents authorized to receive grants, etc.--The assent of the Legislature is given to the provisions and requirements of the Act of Congress approved May 22, 1928, being entitled "An Act to provide for the further development of agricultural extension work between the agricultural colleges in the several states receiving the benefits of the act entitled 'An Act donating public lands of the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts' approved July 2, 1862, and all acts supplementary thereto, and the United States Department of Agriculture"; and the Board of Regents of the Division of Universities of the Department of Education may receive grants of money appropriated under said act and organize and conduct agricultural extension work, which shall be carried on in connection with the College of Agriculture of said University of Florida, in accordance with the terms and conditions expressed in the Act of Congress aforesaid.

History.--s. 1, ch. 13567, 1929; CGL 1936 Supp. 836(1); s. 18, ch. 65-130; ss. 15, 35, ch. 69-106; s. 99, ch. 79-222.

Note.--Former s. 241.19.

240.505  County or area extension programs; cooperation between counties and University of Florida.--

(1)  County or area extension programs will be developed, based on local situations, needs, and problems, supported by scientific and technical information developed by the University of Florida, the United States Department of Agriculture, and other sources of research information. This information will be made available through the local program, with the aid of research scientists and extension specialists of the Institute of Food and Agricultural Sciences.

(2)  In each county or other geographic subdivision the board of county commissioners or other legally constituted governing body will annually determine the extent of its financial participation in cooperative extension work. The extent of such financial participation by the counties will influence the number of county extension agents and clerical staff employed and the scope of the local extension program.

(3)  Boards of county commissioners or other legally constituted governing bodies will approve or disapprove of persons recommended for extension positions in the county. If the governing body of the county notifies the extension service by resolution that it wants a list of three qualified candidates, then the extension service shall, for each position, make its recommendation by submitting a list of not fewer than three qualified persons, or all qualified persons if three or fewer. From this list, the board of county commissioners, or other legally constituted governing body, shall make its selection. If none of the persons recommended are approved, the extension service shall continue to submit lists of not fewer than three additional qualified persons until one person is selected. If the governing body of the county does not forward such a resolution to the extension service, the extension service shall recommend one qualified candidate to the governing body. If a person recommended is not approved, the extension service shall recommend another qualified candidate and shall repeat this procedure as necessary until one person is selected. Extension agents so appointed will be staff members of the University of Florida. It is the responsibility of the cooperative extension service to determine qualifications for positions.

(4)  Although county extension agents are jointly employed by the federal, state, and county governments for the purposes of administration of the cooperative extension service, the policies and procedures of the Board of Regents and the University of Florida will apply except in those instances when federal legislation or the basic memorandum of understanding is applicable.

(5)  The University of Florida will provide the staff of county extension personnel in the county with supervision and resources for planning and programming. The university is responsible for the programming process. It will make available needed program materials to the extension agents through the subject matter specialists or through other resource persons available from within the university. It will be responsible for maintaining a high level of technical competence in the county extension staff through a continuous program of inservice training.

(6)  The county extension director will report periodically to the board of county commissioners or other legally constituted governing body on programs underway and results in the county. Each board of county commissioners or other legally constituted governing body will develop a plan which will enable it to be kept informed on the progress and results of the local extension program so that its own knowledge of program needs and problems may become a part of the educational work carried on by the agents. Such plan shall provide for a means of communicating the board's satisfaction with the extension program to the county extension director and the cooperative extension service.

History.--s. 1, ch. 72-98; s. 99, ch. 79-222; s. 1, ch. 80-38.

Note.--Former s. 241.193.

240.507  Extension personnel; federal health insurance programs notwithstanding the provisions of s. 110.123.--The Institute of Food and Agricultural Sciences at the University of Florida is authorized to pay the employer's share of premiums to the Federal Health Benefits Insurance Program from its appropriated budget for any cooperative extension employee of the institute having both state and federal appointments and participating in the Federal Civil Service Retirement System.

History.--s. 1, ch. 77-473; s. 32, ch. 79-190; s. 99, ch. 79-222.

Note.--Former s. 241.195.

240.5095  Pari-mutuel wagering funded research and development programs.--Each fiscal year, the first $250,000 of the funds credited to the Pari-mutuel Wagering Trust Fund shall be used to fund the establishment and implementation of research and development programs at the University of Florida. The University of Florida shall administer the distribution of the funds. These programs must include, but are not limited to:

(1)  Research related to the breeding, health, feeding, or training of dogs and horses.

(2)  Development of continuing education programs for individuals involved in the care and treatment of dogs and horses at pari-mutuel facilities.

(3)  Establishment of a postmortem evaluation program for break-down injuries of dogs and horses.

(4)  Research and development of helmet safety and the improvement of jai alai equipment.

History.--s. 66, ch. 92-348; s. 1, ch. 95-337.

240.511  Agricultural experiment stations; assent to Act of Congress; federal appropriation.--The objects and purposes contained in the Act of Congress entitled "An Act to provide for an increased annual appropriation for agricultural experiment stations and regulating the expenditure thereof" are assented to; and the Department of Education is authorized to accept and receive the annual appropriations for the use and benefit of the agricultural experiment station fund of the Agricultural Department of the University of Florida, located at Gainesville, upon the terms and conditions contained in said Act of Congress.

History.--s. 1, ch. 5704, 1907; RGS 653; CGL 823; ss. 15, 35, ch. 69-106; s. 99, ch. 79-222.

Note.--Former s. 241.22.

240.5111  Multidisciplinary Center for Affordable Housing.--

(1)  The Board of Regents shall establish the Multidisciplinary Center for Affordable Housing within the School of Building Construction of the College of Architecture of the University of Florida with the collaboration of other related disciplines such as agriculture, business administration, engineering, law, and medicine. The center shall work in conjunction with other colleges in the State University System. The Multidisciplinary Center for Affordable Housing shall:

(a)  Conduct research relating to the problems and solutions associated with the availability of affordable housing in the state for families who are below the median income level and widely disseminate the results of such research to appropriate public and private audiences in the state. Such research shall emphasize methods to improve the planning, design, and production of affordable housing, including, but not limited to, the financial, maintenance, management, and regulatory aspects of residential development.

(b)  Provide public services to local, regional, and state agencies, units of government, and authorities by helping them create regulatory climates that are amenable to the introduction of affordable housing within their jurisdictions.

(c)  Conduct special research relating to firesafety.

(d)  Provide a focus for the teaching of new technology and skills relating to affordable housing in the state.

(e)  Develop a base of informational and financial support from the private sector for the activities of the center.

(f)  Develop prototypes for both multifamily and single-family units.

(g)  Establish a research agenda and general work plan in cooperation with the Department of Community Affairs which is the state agency responsible for research and planning for affordable housing and for training and technical assistance for providers of affordable housing.

(h)  Submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by January 1 of each year. The annual report shall include information relating to the activities of the center, including collaborative efforts with public and private entities, affordable housing models, and any other findings and recommendations related to the production of safe, decent, and affordable housing.

(2)  The Director of the Multidisciplinary Center for Affordable Housing shall be appointed by the Dean of the College of Architecture of the University of Florida.

History.--s. 20, ch. 88-376; s. 8, ch. 92-317.

240.512  H. Lee Moffitt Cancer Center and Research Institute.--There is established the H. Lee Moffitt Cancer Center and Research Institute at the University of South Florida.

(1)  The Board of Regents shall enter into an agreement for the utilization of the facilities on the campus of the University of South Florida to be known as the H. Lee Moffitt Cancer Center and Research Institute, including all furnishings, equipment, and other chattels used in the operation of said facilities, with a Florida not-for-profit corporation organized solely for the purpose of governing and operating the H. Lee Moffitt Cancer Center and Research Institute. This not-for-profit corporation, acting as an instrumentality of the State of Florida, shall govern and operate the H. Lee Moffitt Cancer Center and Research Institute in accordance with the terms of the agreement between the Board of Regents and the not-for-profit corporation. The not-for-profit corporation may, with the prior approval of the Board of Regents, create not-for-profit corporate subsidiaries to fulfill its mission. The not-for-profit corporation and its subsidiaries are authorized to receive, hold, invest, and administer property and any moneys received from private, state, and federal sources, as well as technical and professional income generated or derived from practice activities of the institute, for the benefit of the institute and the fulfillment of its mission. The affairs of the corporation shall be managed by a board of directors who shall serve without compensation. The President of the University of South Florida and the chair of the Board of Regents, or his or her designee, shall be directors of the not-for-profit corporation, together with 5 representatives of the State University System and no more than 14 nor fewer than 10 directors who are not medical doctors or state employees. Each director shall have only one vote, shall serve a term of 3 years, and may be reelected to the board. Other than the President of the University of South Florida and the chair of the Board of Regents, directors shall be elected by a majority vote of the board. The chair of the board of directors shall be selected by majority vote of the directors.

(2)  The Board of Regents shall provide in the agreement with the not-for-profit corporation for the following:

(a)  Approval of the articles of incorporation of the not-for-profit corporation by the Board of Regents.

(b)  Approval of the articles of incorporation of any not-for-profit corporate subsidiary created by the not-for-profit corporation.

(c)  Utilization of hospital facilities and personnel by the not-for-profit corporation and its subsidiaries for mutually approved teaching and research programs conducted by the University of South Florida or other accredited medical schools or research institutes.

(d)  Preparation of an annual postaudit of the not-for-profit corporation's financial accounts and the financial accounts of any subsidiaries to be conducted by an independent certified public accountant. The annual audit report shall include management letters and shall be submitted to the Auditor General and the Board of Regents for review. The Board of Regents and the Auditor General shall have the authority to require and receive from the not-for-profit corporation and any subsidiaries or from their independent auditor any detail or supplemental data relative to the operation of the not-for-profit corporation or subsidiary.

(e)  Provision by the not-for-profit corporation and its subsidiaries of equal employment opportunities to all persons regardless of race, color, religion, sex, age, or national origin.

(3)  The Board of Regents is authorized to secure comprehensive general liability protection, including professional liability protection, for the not-for-profit corporation and its subsidiaries pursuant to s. 240.213.

(4)  In the event that the agreement between the not-for-profit corporation and the Board of Regents is terminated for any reason, the Board of Regents shall resume governance and operation of said facilities.

(5)  The institute shall be administered by a center director who shall serve at the pleasure of the board of directors of the not-for-profit corporation and who shall have the following powers and duties subject to the approval of the board of directors:

(a)  The center director shall establish programs which fulfill the mission of the institute in research, education, treatment, prevention, and the early detection of cancer; however, the center director shall not establish academic programs for which academic credit is awarded and which terminate in the conference of a degree without prior approval of the Board of Regents.

(b)  The center director shall have control over the budget and the dollars appropriated or donated to the institute from private, state, and federal sources, as well as technical and professional income generated or derived from practice activities of the institute. However, professional income generated by university faculty from practice activities at the institute shall be shared between the institute and the university as determined by the center director and the appropriate university department chair.

(c)  The center director shall appoint members to carry out the research, patient care, and educational activities of the institute and determine compensation, benefits, and terms of service. Members of the institute shall be eligible to hold concurrent appointments at affiliated academic institutions. University faculty shall be eligible to hold concurrent appointments at the institute.

(d)  The center director shall have control over the use and assignment of space and equipment within the facilities.

(e)  The center director shall have the power to create the administrative structure necessary to carry out the mission of the institute.

(f)  The center director shall have a reporting relationship to the Chancellor of the State University System.

(g)  The center director shall provide a copy of the institute's annual report to the Governor and Cabinet, the President of the Senate, the Speaker of the House of Representatives, and the chair of the Board of Regents.

(6)  The board of directors of the not-for-profit corporation shall create a council of scientific advisers to the center director comprised of leading researchers, physicians, and scientists. This council shall review programs and recommend research priorities and initiatives so as to maximize the state's investment in the institute. The council shall be appointed by the board of directors of the not-for-profit corporation and shall include five appointees of the Board of Regents. Each member of the council shall be appointed to serve a 2-year term and may be reappointed to the council.

(7)  In carrying out the provisions of this section, the not-for-profit corporation and its subsidiaries are not "agencies" within the meaning of s. 20.03(11).

(8)(a)  Records of the not-for-profit corporation and of its subsidiaries are public records unless made confidential or exempt by law.

(b)  Proprietary confidential business information is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. However, the Auditor General and Board of Regents, pursuant to their oversight and auditing functions, must be given access to all proprietary confidential business information upon request and without subpoena and must maintain the confidentiality of information so received. As used in this paragraph, the term "proprietary confidential business information" means information, regardless of its form or characteristics, which is owned or controlled by the not-for-profit corporation or its subsidiaries; is intended to be and is treated by the not-for-profit corporation or its subsidiaries as private and the disclosure of which would harm the business operations of the not-for-profit corporation or its subsidiaries; has not been intentionally disclosed by the corporation or its subsidiaries unless pursuant to law, an order of a court or administrative body, a legislative proceeding pursuant to s. 5, Art. III of the State Constitution, or a private agreement that provides that the information may be released to the public; and which is information concerning:

1.  Internal auditing controls and reports of internal auditors;

2.  Matters reasonably encompassed in privileged attorney-client communications;

3.  Contracts for managed-care arrangements, as managed care is defined in s. 408.701, including preferred provider organization contracts, health maintenance organization contracts, and exclusive provider organization contracts, and any documents directly relating to the negotiation, performance, and implementation of any such contracts for managed-care arrangements;

4.  Bids or other contractual data, banking records, and credit agreements the disclosure of which would impair the efforts of the not-for-profit corporation or its subsidiaries to contract for goods or services on favorable terms;

5.  Information relating to private contractual data, the disclosure of which would impair the competitive interest of the provider of the information;

6.  Corporate officer and employee personnel information;

7.  Information relating to the proceedings and records of credentialing panels and committees and of the governing board of the not-for-profit corporation or its subsidiaries relating to credentialing;

8.  Minutes of meetings of the governing board of the not-for-profit corporation and its subsidiaries, except minutes of meetings open to the public pursuant to subsection (9);

9.  Information that reveals plans for marketing services that the corporation or its subsidiaries reasonably expect to be provided by competitors;

10.  Trade secrets as defined in s. 688.002, including reimbursement methodologies or rates; or

11.  The identity of donors or prospective donors of property who wish to remain anonymous or any information identifying such donors or prospective donors. The anonymity of these donors or prospective donors must be maintained in the auditor's report.

(9)  Meetings of the governing board of the not-for-profit corporation and meetings of the subsidiaries of the not-for-profit corporation at which the expenditure of dollars appropriated to the not-for-profit corporation by the state are discussed or reported must remain open to the public in accordance with s. 286.011 and s. 24(b), Art. I of the State Constitution, unless made confidential or exempt by law. Other meetings of the governing board of the not-for-profit corporation and of the subsidiaries of the not-for-profit corporation are exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution.

History.--s. 1, ch. 87-121; s. 1, ch. 90-56; s. 40, ch. 92-58; s. 1, ch. 93-167; s. 68, ch. 95-148; s. 1, ch. 95-263; s. 102, ch. 96-406.

240.5121  Cancer control and research.--

(1)  SHORT TITLE.--This section shall be known and may be cited as the "Cancer Control and Research Act."

(2)  LEGISLATIVE INTENT.--It is the finding of the Legislature that:

(a)  Advances in scientific knowledge have led to the development of preventive and therapeutic capabilities in the control of cancer. Such knowledge and therapy must be made available to all citizens of this state through educational and therapeutic programs.

(b)  The present state of our knowledge concerning the prevalence, cause or associated factors, and treatment of cancer have resulted primarily from a vast federal investment into basic and clinical research, some of which is expended in this state. These research activities must continue, but programs must be established to extend this knowledge in preventive measures and patient treatment throughout the state.

(c)  Research in cancer has implicated the environment as a causal factor for many types of cancer, i.e., sunshine, X rays, diet, smoking, etc., and programs are needed to further document such cause and effect relationships. Proven causes of cancer should be publicized and be the subject of educational programs for the prevention of cancer.

(d)  An effective cancer control program would mobilize the scientific, educational, and medical resources that presently exist into an intense attack against this dread disease.

(3)  DEFINITIONS.--The following words and phrases when used in this section have, unless the context clearly indicates otherwise, the meanings given to them in this subsection:

(a)  "Cancer" means all malignant neoplasms, regardless of the tissue of origin, including lymphoma and leukemia.

(b)  "Council" means the Florida Cancer Control and Research Advisory Council, which is an advisory body appointed to function on a continuing basis for the study of cancer and which recommends solutions and policy alternatives to the Board of Regents and the secretary and which is established by this section.

(c)  "Department" means the Department of Health.

(d)  "Fund" means the Florida Cancer Control and Research Fund established by this section.

(e)  "Qualified nonprofit association" means any association, incorporated or unincorporated, that has received tax-exempt status from the Internal Revenue Service.

(f)  "Secretary" means the Secretary of Health.

(4)  FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL; CREATION; COMPOSITION.--

(a)  There is created within the H. Lee Moffitt Cancer Center and Research Institute, Inc., the Florida Cancer Control and Research Advisory Council. The council shall consist of 35 members, which includes the chairperson, all of whom must be residents of this state. All members, except those appointed by the Speaker of the House of Representatives and the President of the Senate, must be appointed by the Governor. At least one of the members appointed by the Governor must be 60 years of age or older. One member must be a representative of the American Cancer Society; one member must be a representative of the Florida Tumor Registrars Association; one member must be a representative of the Sylvester Comprehensive Cancer Center of the University of Miami; one member must be a representative of the Department of Health; one member must be a representative of the University of Florida Shands Cancer Center; one member must be a representative of the Agency for Health Care Administration; one member must be a representative of the Florida Nurses Association; one member must be a representative of the Florida Osteopathic Medical Association; one member must be a representative of the American College of Surgeons; one member must be a representative of the School of Medicine of the University of Miami; one member must be a representative of the College of Medicine of the University of Florida; one member must be a representative of NOVA Southeastern College of Osteopathic Medicine; one member must be a representative of the College of Medicine of the University of South Florida; one member must be a representative of the College of Public Health of the University of South Florida; one member must be a representative of the Florida Society of Clinical Oncology; one member must be a representative of the Florida Obstetric and Gynecologic Society who has had training in the specialty of gynecologic oncology; one member must be a representative of the Florida Medical Association; one member must be a member of the Florida Pediatric Society; one member must be a representative of the Florida Radiological Society; one member must be a representative of the Florida Society of Pathologists; one member must be a representative of the H. Lee Moffitt Cancer Center and Research Institute, Inc.; three members must be representatives of the general public acting as consumer advocates; one member must be a member of the House of Representatives appointed by the Speaker of the House; one member must be a member of the Senate appointed by the President of the Senate; one member must be a representative of the Department of Education; one member must be a representative of the Florida Dental Association; one member must be a representative of the Florida Hospital Association; one member must be a representative of the Association of Community Cancer Centers; one member shall be a representative from a statutory teaching hospital affiliated with a community-based cancer center; one member must be a representative of the Florida Association of Pediatric Tumor Programs, Inc.; one member must be a representative of the Cancer Information Service; one member must be a representative of the Florida Agricultural and Mechanical University Institute of Public Health; and one member must be a representative of the Florida Society of Oncology Social Workers. Of the members of the council appointed by the Governor, at least 10 must be individuals who are minority persons as defined by s. 288.703(3).

(b)  The terms of the members shall be 4 years from their respective dates of appointment.

(c)  A chairperson shall be appointed by the Governor for a term of 2 years. The chairperson shall appoint an executive committee of no fewer than three persons to serve at the pleasure of the chairperson. This committee will prepare material for the council but make no final decisions.

(d)  The council shall meet no less than semiannually at the call of the chairperson or, in his or her absence or incapacity, at the call of the secretary. Sixteen members constitute a quorum for the purpose of exercising all of the powers of the council. A vote of the majority of the members present is sufficient for all actions of the council.

(e)  The council members shall serve without pay. Pursuant to the provisions of s. 112.061, the council members may be entitled to be reimbursed for per diem and travel expenses.

(f)  No member of the council shall participate in any discussion or decision to recommend grants or contracts to any qualified nonprofit association or to any agency of this state or its political subdivisions with which the member is associated as a member of the governing body or as an employee or with which the member has entered into a contractual arrangement.

(g)  The council may prescribe, amend, and repeal bylaws governing the manner in which the business of the council is conducted.

(h)  The council shall advise the Board of Regents, the secretary, and the Legislature with respect to cancer control and research in this state.

(i)  The council shall approve each year a program for cancer control and research to be known as the "Florida Cancer Plan" which shall be consistent with the State Health Plan and integrated and coordinated with existing programs in this state.

(j)  The council shall formulate and recommend to the secretary a plan for the care and treatment of persons suffering from cancer and recommend the establishment of standard requirements for the organization, equipment, and conduct of cancer units or departments in hospitals and clinics in this state. The council may recommend to the secretary the designation of cancer units following a survey of the needs and facilities for treatment of cancer in the various localities throughout the state. The secretary shall consider the plan in developing departmental priorities and funding priorities and standards under chapter 395.

(k)  The council is responsible for including in the Florida Cancer Plan recommendations for the coordination and integration of medical, nursing, paramedical, lay, and other plans concerned with cancer control and research. Committees shall be formed by the council so that the following areas will be established as entities for actions:

1.  Cancer plan evaluation: tumor registry, data retrieval systems, and epidemiology of cancer in the state and its relation to other areas.

2.  Cancer prevention.

3.  Cancer detection.

4.  Cancer patient management: treatment, rehabilitation, terminal care, and other patient-oriented activities.

5.  Cancer education: lay and professional.

6.  Unproven methods of cancer therapy: quackery and unorthodox therapies.

7.  Investigator-initiated project research.

(l)  In order to implement in whole or in part the Florida Cancer Plan, the council shall recommend to the Board of Regents or the secretary the awarding of grants and contracts to qualified profit or nonprofit associations or governmental agencies in order to plan, establish, or conduct programs in cancer control or prevention, cancer education and training, and cancer research.

(m)  If funds are specifically appropriated by the Legislature, the council shall develop or purchase standardized written summaries, written in layperson's terms and in language easily understood by the average adult patient, informing actual and high-risk breast cancer patients, prostate cancer patients, and men who are considering prostate cancer screening of the medically viable treatment alternatives available to them in the effective management of breast cancer and prostate cancer; describing such treatment alternatives; and explaining the relative advantages, disadvantages, and risks associated therewith. The breast cancer summary, upon its completion, shall be printed in the form of a pamphlet or booklet and made continuously available to physicians and surgeons in this state for their use in accordance with s. 458.324 and to osteopathic physicians in this state for their use in accordance with s. 459.0125. The council shall periodically update both summaries to reflect current standards of medical practice in the treatment of breast cancer and prostate cancer. The council shall develop and implement educational programs, including distribution of the summaries developed or purchased under this paragraph, to inform citizen groups, associations, and voluntary organizations about early detection and treatment of breast cancer and prostate cancer.

(n)  The council shall have the responsibility to advise the Board of Regents and the secretary on methods of enforcing and implementing laws already enacted and concerned with cancer control, research, and education.

(o)  The council may recommend to the Board of Regents or the secretary rules not inconsistent with law as it may deem necessary for the performance of its duties and the proper administration of this section.

(p)  The council shall formulate and put into effect a continuing educational program for the prevention of cancer and its early diagnosis and disseminate to hospitals, cancer patients, and the public information concerning the proper treatment of cancer.

(q)  The council shall be physically located at the H. Lee Moffitt Cancer Center and Research Institute, Inc., at the University of South Florida.

(r)  On February 15 of each year, the council shall report to the Governor and to the Legislature.

(5)  RESPONSIBILITIES OF THE BOARD OF REGENTS, THE H. LEE MOFFITT CANCER CENTER AND RESEARCH INSTITUTE, INC., AND THE SECRETARY.--

(a)  The Board of Regents or the secretary, after consultation with the council, shall award grants and contracts to qualified nonprofit associations and governmental agencies in order to plan, establish, or conduct programs in cancer control and prevention, cancer education and training, and cancer research.

(b)  The H. Lee Moffitt Cancer Center and Research Institute, Inc., shall provide such staff, information, and other assistance as reasonably necessary for the completion of the responsibilities of the council.

(c)  The Board of Regents or the secretary, after consultation with the council, may adopt rules necessary for the implementation of this section.

(d)  The secretary, after consultation with the council, shall make rules specifying to what extent and on what terms and conditions cancer patients of the state may receive financial aid for the diagnosis and treatment of cancer in any hospital or clinic selected. The department may furnish to citizens of this state who are afflicted with cancer financial aid to the extent of the appropriation provided for that purpose in a manner which in its opinion will afford the greatest benefit to those afflicted and may make arrangements with hospitals, laboratories, or clinics to afford proper care and treatment for cancer patients in this state.

(6)  FLORIDA CANCER CONTROL AND RESEARCH FUND.--

(a)  There is created the Florida Cancer Control and Research Fund consisting of funds appropriated therefor from the General Revenue Fund and any gifts, grants, or funds received from other sources.

(b)  The fund shall be used exclusively for grants and contracts to qualified nonprofit associations or governmental agencies for the purpose of cancer control and prevention, cancer education and training, cancer research, and all expenses incurred in connection with the administration of this section and the programs funded through the grants and contracts authorized by the Board of Regents or the secretary.

History.--ss. 1, 2, 3, 4, 5, 6, 8, ch. 79-320; ss. 1, 4, ch. 82-46; ss. 1, 19, ch. 82-182; s. 1, ch. 83-234; ss. 2, 3, ch. 83-265; s. 1, ch. 84-222; s. 95, ch. 86-220; s. 7, ch. 87-172; ss. 2, 5, 6, ch. 89-93; s. 1, ch. 90-314; s. 5, ch. 91-429; s. 41, ch. 92-58; s. 2, ch. 93-175; s. 69, ch. 95-148; s. 1, ch. 95-188; s. 15, ch. 97-79; s. 2, ch. 98-305; s. 41, ch. 99-8.

Note.--Former s. 381.3712; s. 385.201.

240.513  University of Florida; J. Hillis Miller Health Center.--

(1)  There is established the J. Hillis Miller Health Center at the University of Florida, which shall include the following colleges:

(a)  College of Dentistry.

(b)  College of Health-Related Professions.

(c)  College of Medicine.

(d)  College of Nursing.

(e)  College of Pharmacy.

(f)  College of Veterinary Medicine.

(2)  Each college of the health center shall be so maintained and operated as to comply with the standards approved by a nationally recognized association for accreditation.

(3)(a)  The University of Florida Health Center Operations and Maintenance Trust Fund is hereby created, to be administered by the Department of Education. Funds shall be credited to the trust fund from the sale of goods and services performed by the University of Florida Veterinary Medicine Teaching Hospital. The purpose of the trust fund is to support the instruction, research, and service missions of the University of Florida College of Veterinary Medicine.

(b)  Notwithstanding the provisions of s. 216.301, and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund and shall be available for carrying out the purposes of the trust fund.

(4)(a)  The State Board of Education shall lease the hospital facilities of the health center, known as the Shands Teaching Hospital and Clinics, and consisting of Building 446 and parts of Buildings 204 and 205 on the campus of the University of Florida and all furnishings, equipment, and other chattels or choses in action used in the operation of the hospital, to a private nonprofit corporation organized solely for the purpose of operating the hospital and ancillary health care facilities of the health center. The rental for the hospital facilities shall be an amount equal to the debt service on bonds or revenue certificates issued solely for capital improvements to the hospital facilities or as otherwise provided by law. The board shall request recommendations from the Board of Regents of the State University System as to the terms of the lease not otherwise provided for in this act.

(b)  The board shall provide in the lease or by separate contract or agreement with the nonprofit corporation for the following:

1.  Approval of the articles of incorporation of the nonprofit corporation by the Board of Regents and the governance of the nonprofit corporation by a board of directors appointed by the President of the University of Florida and chaired by the Vice President for Health Affairs of the University of Florida.

2.  The orderly and just transition of hospital employees from state to corporate employment with the same or equivalent seniority, earnings, and benefits.

3.  The use of hospital facilities and personnel in the teaching role of the health center.

4.  The continued recognition of the collective bargaining units and collective bargaining agreements as currently composed and recognition of the certified labor organizations representing those units and agreements.

5.  The use of hospital facilities and personnel in connection with research programs conducted by the health center.

6.  Reimbursement to the hospital for indigent patients, state-mandated programs, underfunded state programs, and costs to the hospital for support of the teaching and research programs of the health center. Such reimbursement shall be appropriated to the health center each year by the Legislature after review and approval of the request for funds.

7.  The transfer of funds appropriated for and accumulated from the operation of the hospital to the health center to be used to fund contracts for services with the hospital.

(c)  The board may, with the approval of the Legislature, increase the hospital facilities or remodel or renovate them, provided that the rental paid by the hospital for such new, remodeled, or renovated facilities is sufficient to amortize the costs thereof over a reasonable period of time or fund the debt service for any bonds or revenue certificates issued to finance such improvements.

(d)  The Board of Regents is authorized to provide to the nonprofit corporation leasing the hospital facilities comprehensive general liability insurance including professional liability from the self-insurance trust fund established pursuant to s. 240.213.

(e)  In the event that the lease of the hospital facilities to the nonprofit corporation is terminated for any reason, the Board of Regents shall resume management and operation of the hospital facilities. In such event, the Administration Commission is authorized to appropriate revenues generated from the operation of the hospital facilities to the Board of Regents to pay the costs and expenses of operating the hospital facility for the remainder of the fiscal year in which such termination occurs.

History.--ss. 1-3, ch. 25249, 1949; s. 2, ch. 61-119; s. 1, ch. 63-537; s. 12, ch. 65-130; s. 1, ch. 74-255; s. 100, ch. 79-222; ss. 1, 2, ch. 79-248; s. 161, ch. 81-259; s. 42, ch. 82-241; s. 1, ch. 95-113.

Note.--Former s. 241.471.

240.5135  University Hospital of Jacksonville and Faculty Clinic; Board of Regents authorized to provide insurance.--The Board of Regents is authorized to provide to University Hospital of Jacksonville and Faculty Clinic, Inc., comprehensive general liability insurance, including professional liability, from the insurance trust funds established pursuant to s. 240.213.

History.--s. 1, ch. 89-214.

240.514  Louis de la Parte Florida Mental Health Institute.--There is established the Louis de la Parte Florida Mental Health Institute within the University of South Florida.

(1)  The purpose of the institute is to strengthen mental health services throughout the state by providing technical assistance and support services to mental health agencies and mental health professionals. Such assistance and services shall include:

(a)  Technical training and specialized education.

(b)  Development, implementation, and evaluation of mental health service programs.

(c)  Evaluation of availability and effectiveness of existing mental health services.

(d)  Analysis of factors that influence the incidence and prevalence of mental and emotional disorders.

(e)  Dissemination of information about innovations in mental health services.

(f)  Consultation on all aspects of program development and implementation.

(g)  Provisions for direct client services, provided for a limited period of time either in the institute facility or in other facilities within the state, and limited to purposes of research or training.

(2)  The Department of Children and Family Services is authorized to designate the Louis de la Parte Florida Mental Health Institute a treatment facility for the purpose of accepting voluntary and involuntary clients in accordance with institute programs. Clients to be admitted are exempted from prior screening by a community mental health center.

(3)  The institute may provide direct services in coordination with other agencies. The institute may also provide support services to state agencies through joint programs, collaborative agreements, contracts, and grants.

(4)  The institute shall operate under the authority of the President of the University of South Florida and shall employ a mental health professional as director. The director shall hold a faculty appointment in a college or department related to mental health within the university. The director has primary responsibility for establishing active liaisons with the community of mental health professionals and other related constituencies in the state and may, with approval of the university president, establish appropriate statewide advisory groups to assist in developing these communication links.

(5)  The Louis de la Parte Florida Mental Health Institute is authorized to utilize the pay plan of the State University System.

History.--s. 1, ch. 83-195; s. 14, ch. 89-381; s. 42, ch. 99-8; s. 24, ch. 99-13.

240.515  Florida Museum of Natural History; functions.--

(1)  The functions of the Florida Museum of Natural History, located at the University of Florida, are to make scientific investigations toward the sustained development of natural resources and a greater appreciation of human cultural heritage, including, but not limited to, biological surveys, ecological studies, environmental impact assessments, in-depth archaeological research, and ethnological analyses, and to collect and maintain a depository of biological, archaeological, and ethnographic specimens and materials in sufficient numbers and quantities to provide within the state and region a base for research on the variety, evolution, and conservation of wild species; the composition, distribution, importance, and functioning of natural ecosystems; and the distribution of prehistoric and historic archaeological sites and an understanding of the aboriginal and early European cultures that occupied them. State institutions, departments, and agencies may deposit type collections from archaeological sites in the museum, and it shall be the duty of each state institution, department, and agency to cooperate by depositing in the museum voucher and type biological specimens collected as part of the normal research and monitoring duties of its staff and to transfer to the museum those biological specimens and collections in its possession but not actively being curated or used in the research or teaching of that institution, department, or agency. The Florida Museum of Natural History is empowered to accept, preserve, maintain, or dispose of these specimens and materials in a manner which makes each collection and its accompanying data available for research and use by the staff of the museum and by cooperating institutions, departments, agencies, and qualified independent researchers. The biological, archaeological, and ethnographic collections shall belong to the state with the title vested in the Florida Museum of Natural History, except as provided in s. 267.12(3). In collecting or otherwise acquiring these collections, the museum shall comply with pertinent state wildlife, archaeological, and agricultural laws and rules. However, all collecting, quarantine, and accreditation permits issued by other institutions, departments, and agencies shall be granted routinely for said museum research study or collecting effort on state lands or within state jurisdiction which does not pose a significant threat to the survival of endangered wild species, habitats, or ecosystems. In addition, the museum shall develop exhibitions and conduct programs which illustrate, interpret, and explain the natural history of the state and region and shall maintain a library of publications pertaining to the work as herein provided. The exhibitions, collections, and library of the museum shall be open, free to the public, under suitable rules to be promulgated by the director of the museum and approved by the University of Florida.

(2)  Any gifts, transfers, bequests, or other conveyances made to the Florida State Museum are deemed to have been made to the Florida Museum of Natural History.

History.--s. 2, ch. 7368, 1917; RGS 627; CGL 796; s. 2, ch. 63-204; s. 7, ch. 65-130; s. 98, ch. 79-222; s. 1, ch. 80-141; s. 162, ch. 81-259; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 6, ch. 84-94; s. 7, ch. 88-241; s. 1, ch. 91-16.

Note.--Former s. 241.13.

240.516  Vertebrate paleontological sites and remains; legislative intent and state policy.--

(1)  It is the declared intention of the Legislature that vertebrate paleontological sites be protected and preserved and that, pursuant thereto, vertebrate paleontological field investigation activities, including, but not limited to, collection, excavation, salvage, restoration, and cataloging of fossils, be discouraged except when such activities are carried on in accordance with both the provisions and the spirit of this act. However, it is not the intention of the Legislature that the provisions of this act impede mining or quarrying for rock, gravel, fill, phosphate, and other minerals, or the construction of canals or similar excavations, when such activities are permitted by law. Rather, it is the intent of the Legislature that mine and heavy equipment operators be encouraged to cooperate with the state in preserving its vertebrate paleontological heritage and vertebrate fossils by notifying the Florida Museum of Natural History whenever vertebrate fossils are discovered during mining or digging operations and by allowing such fossils to be properly salvaged and that persons having knowledge of vertebrate paleontological sites be encouraged to communicate such information to the museum.

(2)  It is hereby declared to be the public policy of this state to protect and preserve vertebrate paleontological sites containing vertebrate fossils, including bones, teeth, natural casts, molds, impressions, and other remains of prehistoric fauna, and to provide for the collection, acquisition, and study of the vertebrate fossils of the state which offer documentation of the diversity of life on this planet.

(3)  It is further declared to be the public policy of the state that all vertebrate fossils found on state-owned lands, including submerged lands and uplands, belong to the state with title to the fossils vested in the Florida Museum of Natural History for the purpose of administration of ss. 240.516-240.5163.

History.--ss. 1, 2, ch. 84-316; s. 58, ch. 86-163; s. 8, ch. 88-241.

Note.--Former s. 267.15.

240.5161  Program of vertebrate paleontology within Florida Museum of Natural History.--There is established within the Florida Museum of Natural History a program of vertebrate paleontology, which program has the following responsibilities:

(1)  Encouraging the study of the vertebrate fossils and vertebrate paleontological heritage of the state and providing exhibits and other educational materials on the vertebrate fauna to the universities and schools of the state.

(2)  Developing a statewide plan, to be submitted to the director of the Florida Museum of Natural History, for preserving the vertebrate paleontological resources of the state in a manner which is consistent with the state policies in s. 240.516 and which will not unduly hamper development in this state, including mining and excavating operations.

(3)  Locating, surveying, acquiring, collecting, salvaging, conserving, and restoring vertebrate fossils; conducting research on the history and systematics of the fossil fauna of the state; and maintaining the official state depository of vertebrate fossils.

(4)  Locating, surveying, acquiring, excavating, and operating vertebrate paleontological sites and properties containing vertebrate fossils, which sites and properties have great significance to the scientific study of such vertebrate fossils or to public representation of the faunal heritage of the state.

(5)  Enlisting the aid of professional vertebrate paleontologists, mine and quarry operators, heavy digging equipment operators, and qualified amateurs in carrying out the provisions of subsections (1) through (4), and authorizing their active support and cooperation by issuing permits to them as provided in s. 240.5162.

(6)  Cooperating and coordinating activities with the Department of Environmental Protection under the provisions of ss. 375.021 and 375.031 and the Department of State under chapter 267 in the acquisition, preservation, and operation of significant vertebrate paleontological sites and properties of great and continuing scientific value, so that such sites and properties may be utilized to conserve the faunal heritage of this state and to promote an appreciation of that heritage.

(7)  Designating areas as "state vertebrate paleontological sites" pursuant to the provisions of this section, which areas are of great and continuing significance to the scientific study and public understanding of the faunal history of the state. However, no privately owned site or grouping of sites shall be so designated without the express written consent of the private owner of the site or group of sites. Upon designation of a state vertebrate paleontological site, the owners and occupants of such site shall be given written notification of such designation by the program. Once such site has been so designated, no person may conduct paleontological field investigation activities on the site without first securing a permit for such activities as provided in s. 240.5162.

(8)  Arranging for the disposition of the vertebrate fossils by accredited institutions and for the temporary or permanent loan of such fossils for the purpose of further scientific study, interpretative display, and curatorial responsibilities by such institutions.

History.--s. 2, ch. 84-316; s. 59, ch. 86-163; s. 9, ch. 88-241; s. 60, ch. 94-356; s. 83, ch. 95-143.

Note.--Former s. 267.151.

240.5162  Destruction, purchase, and sale of vertebrate fossils prohibited, exceptions; field investigation permits required; penalty for violation.--

(1)  The destruction, defacement, purchase, and sale of vertebrate fossils found on or under land owned or leased by the state and on land in state-designated vertebrate paleontological sites are prohibited, except that the Florida Museum of Natural History may sell vertebrate fossils and may adopt rules defining "nonessential vertebrate fossils" and prescribing the conditions under which such fossils may be sold or otherwise disposed of by a person holding a permit issued by the Florida Museum of Natural History. Field investigations of vertebrate fossils, including, but not limited to, the systematic collection, acquisition, excavation, salvage, exhumation, or restoration of such fossils, are prohibited on all lands owned or leased by the state and on lands in state-designated vertebrate paleontological sites, unless such activities are conducted under the authority of permits issued by the Florida Museum of Natural History. A permit may be granted by the Florida Museum of Natural History upon application for the permit accompanied by an application fee not to exceed $5 as provided in rules adopted pursuant to s. 240.227(1) which rules are in furtherance of the preservation of the vertebrate paleontological resources of this state. The privileges authorized pursuant to the grant of a permit as provided in this subsection may not be assigned or sublet to any other party.

(2)  Any person who, in violation of this section, engages in any of the activities described in subsection (1) without first having obtained a permit to engage in such activity is guilty of a misdemeanor, punishable by a fine not to exceed $500 or by imprisonment in the county jail for a period not to exceed 6 months, or both; and, in addition, he or she shall forfeit to the state all specimens, objects, and materials collected and excavated in violation of this section, together with all photographs and records relating to such materials.

(3)  The Florida Museum of Natural History may institute a civil action in the appropriate circuit court for recovery of any unlawfully taken vertebrate fossil. The fossil shall be forfeited to the state if the Florida Museum of Natural History shows by the greater weight of the evidence that the fossil has been taken from a particular site within this state and that the person found in possession of the fossil is not authorized by law to possess such fossil.

History.--s. 2, ch. 84-316; s. 60, ch. 86-163; s. 10, ch. 88-241; s. 70, ch. 95-148.

Note.--Former s. 267.152.

240.5163  Certain rights of mine or quarry operators and dragline or heavy equipment operators preserved.--Nothing in ss. 240.516-240.5162 shall infringe upon the right of a legitimate mine or quarry operator to extract rock, gravel, fill, phosphate, or other minerals or infringe upon the right of a legitimate operator of draglines or similar heavy dredging, trenching, or digging equipment to construct drainage canals or other excavations because of the actual or potential destruction of vertebrate fossils.

History.--s. 2, ch. 84-316; s. 61, ch. 86-163.

Note.--Former s. 267.153.

240.517  Certain books furnished by Clerk of Supreme Court.--

(1)  The Clerk of the Supreme Court of the state shall furnish the Board of Regents three bound copies of each volume of the Florida Supreme Court Reports as the same are issued and published for the use of the School of Law of the University of Florida and three bound copies of each volume of such reports for the use of the Florida State University College of Law.

(2)  The Clerk of the Supreme Court shall transmit to the Board of Regents for distribution to said schools of law any law books coming into his or her possession for the Supreme Court which are not necessary for said court. The clerk of said court shall furnish said Supreme Court Reports and said surplus law books without cost to the Board of Regents or said law schools.

History.--s. 2, ch. 6170, 1911; RGS 624; CGL 793; s. 1, ch. 29687, 1955; s. 18, ch. 65-130; s. 2, ch. 67-441; s. 73, ch. 77-104; s. 97, ch. 79-222; s. 71, ch. 95-148.

Note.--Former s. 241.10.

240.518  The Historically Black College and University Library Improvement Program.--

(1)  It is the intent of the Legislature to enhance the quality of the libraries at Florida Agricultural and Mechanical University, Bethune-Cookman College, Edward Waters College, and Florida Memorial College.

(2)  There is created the Historically Black College and University Library Improvement Program to be administered by the Department of Education. The primary objectives of the program shall be to increase each library's holdings by 500 to 1,000 books per year, to increase library use by students and faculty, and to enhance the professional growth of librarians by providing inservice training. At least 50 percent of library acquisitions shall be in the humanities, with the balance to be in all other disciplines. It is the intent of the Legislature to provide general revenue funds each year to support this program.

(3)  Each institution shall submit to the State Board of Education a plan for enhancing its library through the following activities:

(a)  Each institution shall increase the number of volumes by purchasing replacement books and new titles. Funds shall not be used to purchase periodicals or nonprint media. The goal of these purchases is to meet the needs of students and faculty in disciplines that have recently been added to the curriculum, in traditional academic fields that have been expanded, or in academic fields in which rapid changes in technology result in accelerated obsolescence of related library holdings.

(b)  A committee composed of librarians and faculty at each institution shall assess the adequacy of library holdings in all academic areas. The committee shall develop a list of resources that need to be replaced. Based on its assessment of the current collection, the committee shall develop a prioritized list of recommended acquisitions and shall submit such list to the college or university president.

History.--s. 1, ch. 90-260; s. 40, ch. 90-288; s. 5, ch. 93-120.

240.519  School of optometry.--It is the intent of the Legislature that the Board of Regents shall, within the next biennium, establish a school of optometry in conjunction with an existing accredited College of Medicine which will meet the standards of accreditation of the American Optometric Association and shall have as its purpose the aim of providing quality eye care to the citizens of Florida.

History.--s. 1, ch. 74-156; s. 101, ch. 79-222.

Note.--Former s. 241.74.

240.52  Collections management for museums and galleries of the State University System.--

(1)  The universities of the State University System may enter into contracts or agreements with or without competitive bidding, as appropriate, for the restoration of objects of art, art history, or natural history in their collections or for the purchase of objects of art, art history, or natural history which are to be added to their collections.

(2)  The universities of the State University System may sell any art, art history, or natural history object in their museum or gallery collections if the university determines that it is no longer appropriate for the collection. The proceeds of the sale shall be deposited in the Acquisition, Restoration, and Conservation Trust Fund or other appropriate trust fund of the university. Each State University System museum or gallery shall function entirely separate from every other State University System museum or gallery. The universities of the State University System also may exchange any art, art history, or natural history object which the university museums or galleries judge is of equivalent or greater value to their museums or galleries.

(3)  No employee, representative, or agent of a university shall receive a commission, fee, or financial benefit in connection with the sale or exchange of a work of art, art history, or natural history, nor may he or she be a business associate of any individual, firm, or organization involved in the sale or exchange.

(4)(a)  Each university may establish an Acquisition, Restoration, and Conservation Trust Fund or utilize an appropriate existing trust fund.

(b)  The president of each university may delegate the following authority to the museum or gallery directors and governing bodies of the museums or galleries:

1.  To enter into contracts for the restoration or purchase of art, art history, or natural history objects, with or without competitive bidding, as appropriate.

2.  To sell art, art history, or natural history objects in museum or gallery collections, the proceeds of which shall be deposited in the Acquisition, Restoration, and Conservation Trust Fund or other appropriate existing trust fund.

3.  To exchange art, art history, or natural history objects of equal or greater value with any other university in the State University System.

History.--s. 15, ch. 89-381; s. 72, ch. 95-148.

240.527  St. Petersburg branch, University of South Florida.--

(1)(a)  The Board of Regents of the Division of Universities of the Department of Education is hereby authorized to establish the St. Petersburg branch of the University of South Florida in Pinellas County on properties of the state held by and on behalf of the Board of Regents.

(b)  The St. Petersburg branch of the University of South Florida shall be operated and maintained as a part of the University of South Florida and shall be administered by a dean or such administrative head as shall be determined by the Board of Regents.

(c)  The space presently occupied by the marine research laboratory facilities located on the St. Petersburg campus of the University of South Florida shall not be affected by this section.

(d)  The St. Petersburg campus of the University of South Florida shall be known as the "University of South Florida, St. Petersburg."

(2)  The City of St. Petersburg, the Board of County Commissioners of Pinellas County, and all other governmental entities are authorized to cooperate with the Board of Regents in establishing this institution. The acquisition and donation of lands, buildings, and equipment for use of the St. Petersburg branch of the University of South Florida are hereby authorized and shall be deemed to be for a public purpose. The City of St. Petersburg is authorized to exercise the power of eminent domain to acquire lands, buildings, and equipment for use of the St. Petersburg branch of the University of South Florida, regardless of whether such lands, buildings, and equipment are located in a community redevelopment area.

History.--s. 1, ch. 69-363; ss. 15, 35, ch. 69-106; s. 120, ch. 79-222; s. 27, ch. 87-212.

Note.--Former s. 239.014.

240.528  Broward County campuses of Florida Atlantic University; coordination with other institutions.--The Board of Regents and Florida Atlantic University shall consult with Broward Community College and Florida International University in coordinating course offerings at the postsecondary level in Broward County. Florida Atlantic University may contract with the Board of Trustees of Broward Community College and with Florida International University to provide instruction in courses offered at the Southeast Campus. Florida Atlantic University shall increase course offerings at the Southeast Campus as facilities become available.

History.--s. 1, ch. 89-381; s. 31, ch. 92-321.

240.5285  Florida Atlantic University campuses.--

(1)  The Broward County campuses of Florida Atlantic University are hereby established as a partner of the Florida Atlantic University campus in Boca Raton. The Broward County campuses of Florida Atlantic University shall be known as "Florida Atlantic University Broward." The Boca Raton campuses of Florida Atlantic University shall be known as "Florida Atlantic University Boca Raton." The office of the president shall be at the campus in Boca Raton.

(2)  Florida Atlantic University shall develop and administer a separate budget for Florida Atlantic University Broward. The budget shall include, at a minimum, an allocation of those operating and capital outlay funds appropriated annually by the Legislature in the General Appropriations Act for the Broward campuses; a proportional share, based on student credit hours produced at the Broward campuses, of any allocations received by the university from student matriculation and tuition fees and fees, except for athletic fees, specifically authorized by law; all overhead charges from sponsored research conducted on the Broward campuses; and all revenues derived from vending funds, auxiliary enterprises and contracts, and grants and donations, as authorized by s. 240.277, which result from activities on Broward campuses. Florida Atlantic University Broward and Florida Atlantic University Boca Raton may pay reasonable charges to appropriate levels of administration of Florida Atlantic University for services delivered universitywide.

(3)  The Board of Regents shall take all actions necessary to assure that Florida Atlantic University Broward and Florida Atlantic University Boca Raton are partners in the overall policymaking and academic governance structures of the university. Annual legislative budget requests for operations and facilities shall separately identify those funds requested for Florida Atlantic University Broward and Florida Atlantic University Boca Raton. Florida Atlantic University Broward and Florida Atlantic University Boca Raton shall have local management authority over their campus faculty, staff, and programs, but there shall be universitywide standards and processes for evaluating requests for promotion and tenure; there shall be complete transferability of credits and uniform programs across campuses; and colleges operating on multiple campuses shall have only one dean for each college. Florida Atlantic University Broward shall establish a faculty senate and may establish a direct-support organization.

(4)  The Postsecondary Education Planning Commission and the Board of Regents, as a function of each board's comprehensive master planning process, shall continue to evaluate the need for undergraduate programs in Broward County and shall assess the extent to which existing postsecondary programs are addressing those needs. One section of the Board of Regents' 5-year Master Plan for 1993-1998 shall address and make recommendations concerning the establishment of a 4-year public university in Broward County. The board's plan shall include the effectiveness of branch campus operation, including operating and capital budget and a description of programmatic and administrative relationships with public and private institutions in the area. Before January 1, 1993, the Legislature shall review that section of the master plan and, by July 1, 1993, shall make recommendations for implementing that section.

History.--s. 32, ch. 92-321.

240.529  Public accountability and state approval for teacher preparation programs.--

(1)  INTENT.--The Legislature recognizes that skilled teachers make an important contribution to a system that allows students to obtain a high-quality education. The intent of the Legislature is to establish a system for development and approval of teacher preparation programs that will free postsecondary teacher preparation institutions to employ varied and innovative teacher preparation techniques while being held accountable for producing graduates with the competencies and skills necessary to achieve the state education goals; help students meet high standards for academic achievement; maintain safe, secure classroom learning environments; and sustain the state system of school improvement and education accountability established pursuant to ss. 229.591 and 229.592. To further this intent, the Commissioner of Education shall appoint a Teacher Preparation Program Committee for the purpose of establishing core curricula in each state-approved teacher preparation program. The committee shall consist of representatives from presidents of public and private colleges and universities, deans of colleges of education, presidents of community colleges, district school superintendents, and high-performing teachers. The curricula shall be focused on the knowledge, skills, and abilities essential to instruction in the Sunshine State Standards, with a clear emphasis on the importance of reading at all grade levels. The committee shall report its recommendations to the State Board of Education by January 1, 2000, and at that time may be dissolved. The state board shall adopt rules that establish uniform core curricula for each state-approved teacher preparation program and shall use this report in the development of such rules.

(2)  DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.--A system developed by the Department of Education in collaboration with institutions of higher education shall assist departments and colleges of education in the restructuring of their programs to meet the need for producing quality teachers now and in the future. The system must be designed to assist teacher educators in conceptualizing, developing, implementing, and evaluating programs that meet state-adopted standards. The Education Standards Commission has primary responsibility for recommending these standards to the State Board of Education for adoption. These standards shall emphasize quality indicators drawn from research, professional literature, recognized guidelines, Florida essential teaching competencies and educator-accomplished practices, effective classroom practices, and the outcomes of the state system of school improvement and education accountability, as well as performance measures. Departments and colleges of education shall make every attempt to secure priority funding for teacher preparation programs and courses emphasizing the state system of school improvement and education accountability concepts and standards.

(3)  INITIAL STATE PROGRAM APPROVAL.--

(a)  A program approval process based on standards adopted pursuant to subsection (2) must be established for postsecondary teacher preparation programs, phased in according to timelines determined by the Department of Education, and fully implemented for all teacher preparation programs in the state. Each program shall choose one of the following options:

1.  An approval process that incorporates those provisions and requirements necessary for recognition by the National Council for the Accreditation of Teacher Education and that provides for joint accreditation and program approval review by the state and the National Council for the Accreditation of Teacher Education for those units seeking initial or continuing accreditation. The approval process must be consistent with the intent set forth in subsection (1); or

2.  An alternative program approval process developed by the department. This alternative approval process must be consistent with the intent set forth in subsection (1) and based primarily upon significant, objective, and quantifiable graduate performance measures. This approval process may not be based on National Council for the Accreditation of Teacher Education provisions and requirements.

For purposes of this section, the term "unit" is defined by the National Association for the Accreditation of Teacher Education and means the college, school, department, or other administrative body within the institution that is primarily responsible for the preparation of teachers and other professional education personnel. The term "program" is defined by the State Board of Education and means a set of courses, activities, or other experiences designed to help individuals develop the competencies required for a specified type of certification coverage.

(b)  Each teacher preparation program approved by the Department of Education, as provided for by this section, shall require students to meet the following as prerequisites for admission into the program:

1.  Have a grade point average of at least 2.5 on a 4.0 scale for the general education component of undergraduate studies or have completed the requirements for a baccalaureate degree with a minimum grade point average of 2.5 on a 4.0 scale from any college or university accredited by a regional accrediting association as defined by state board rule; and

2.  Beginning with the 2000-2001 academic year, demonstrate mastery of general knowledge, including the ability to read, write, and compute by passing the College Level Academic Skills Test, a corresponding component of the National Teachers Examination series, or a similar test pursuant to rules of the State Board of Education.

The State Board of Education may provide by rule for a waiver of these requirements. The rule shall require that 90 percent of those admitted to each teacher education program meet the requirements of this paragraph and that the program implement strategies to ensure that students admitted under a waiver receive assistance to demonstrate competencies to successfully meet requirements for certification.

(4)  CONTINUED PROGRAM APPROVAL.--Notwithstanding subsection (3), failure by a public or nonpublic teacher preparation program to meet the criteria for continued program approval shall result in loss of program approval. The Department of Education, in collaboration with the departments and colleges of education, shall develop procedures for continued program approval which document the continuous improvement of program processes and graduates' performance.

(a)  Continued approval of specific teacher preparation programs at each public and nonpublic institution of higher education within the state is contingent upon the passing of the written examination required by s. 231.17 by at least 90 percent of the graduates of the program who take the examination. On request of an institution, the Department of Education shall provide an analysis of the performance of the graduates of such institution with respect to the competencies assessed by the examination required by s. 231.17.

(b)  Additional criteria for continued program approval for public institutions may be developed by the Education Standards Commission and approved by the State Board of Education. Such criteria must emphasize outcome measures of student performance in the areas of classroom management and improving the performance of students who have traditionally failed to meet student achievement goals and have been overrepresented in school suspensions and other disciplinary actions, and must include, but need not be limited to, program graduates' satisfaction with training and the unit's responsiveness to local school districts. Additional criteria for continued program approval for nonpublic institutions shall be developed in the same manner as for public institutions; however, such criteria must be based upon significant, objective, and quantifiable graduate performance measures. Responsibility for collecting data on outcome measures through survey instruments and other appropriate means shall be shared by the institutions of higher education, the Board of Regents, the State Board of Independent Colleges and Universities, and the Department of Education. By January 1 of each year, the Department of Education, in cooperation with the Board of Regents and the State Board of Independent Colleges and Universities, shall report this information for each postsecondary institution that has state-approved programs of teacher education to the Governor, the Commissioner of Education, the Chancellor of the State University System, the President of the Senate, the Speaker of the House of Representatives, all Florida postsecondary teacher preparation programs, and interested members of the public. This report must analyze the data and make recommendations for improving teacher preparation programs in the state.

(c)  Continued approval for a teacher preparation program is contingent upon the results of annual reviews of the program conducted by the institution of higher education, using procedures and criteria outlined in an institutional program evaluation plan approved by the Department of Education. This plan must incorporate the criteria established in paragraphs (a) and (b) and include provisions for involving primary stakeholders, such as program graduates, district school personnel, classroom teachers, principals, community agencies, and business representatives in the evaluation process. Upon request by an institution, the department shall provide assistance in developing, enhancing, or reviewing the institutional program evaluation plan and training evaluation team members.

(d)  Continued approval for a teacher preparation program is contingent upon standards being in place that are designed to adequately prepare elementary, middle, and high school teachers to instruct their students in higher-level mathematics concepts and in the use of technology at the appropriate grade level.

(e)  Beginning July 1, 2000, continued approval of teacher preparation programs is contingent upon compliance with the student admission requirements of subsection (3) and upon the receipt of at least a satisfactory rating from public schools and nonpublic schools that employ graduates of the program. Employer satisfaction shall be determined by an annually administered survey instrument approved by the Department of Education.

(f)  Beginning with the 2000-2001 academic year, each public and private institution that offers a teacher preparation program in this state must annually report information regarding these programs to the state and the general public. This information shall be reported in a uniform and comprehensible manner that conforms with definitions and methods proposed by the Education Standards Commission, that is consistent with definitions and methods approved by the Commissioner of the National Center for Educational Statistics, and that is approved by the State Board of Education. This information shall be reported through publications such as college and university catalogs and promotional materials sent to potential applicants, secondary school guidance counselors, and prospective employers of the institution's program graduates.

(5)  PRESERVICE FIELD EXPERIENCE.--All postsecondary instructors, school district personnel and instructional personnel, and school sites preparing instructional personnel through preservice field experience courses and internships shall meet special requirements.

(a)  All instructors in postsecondary teacher preparation programs who instruct or supervise preservice field experience courses or internships shall have at least one of the following: specialized training in clinical supervision; a valid professional teaching certificate pursuant to ss. 231.17 and 231.24; or at least 3 years of successful teaching experience in prekindergarten through grade 12.

(b)  All school district personnel and instructional personnel who supervise or direct teacher preparation students during field experience courses or internships must have evidence of "clinical educator" training and must successfully demonstrate effective classroom management strategies that consistently result in improved student performance. The Education Standards Commission shall recommend, and the state board shall approve, the training requirements.

(c)  Preservice field experience programs must provide specific guidance and demonstration of effective classroom management strategies, strategies for incorporating technology into classroom instruction, and ways to link instructional plans to the Sunshine State Standards, as appropriate. The length of structured field experiences may be extended to ensure that candidates achieve the competencies needed to meet certification requirements.

(d)  Postsecondary teacher preparation programs in cooperation with district school boards and approved nonpublic school associations shall select the school sites for preservice field experience activities. These sites must represent the full spectrum of school communities, including, but not limited to, schools located in urban settings. In order to be selected, school sites must demonstrate commitment to the education of public school students and to the preparation of future teachers. A nonpublic school association, in order to be approved, must have a state-approved master inservice program plan in accordance with s. 236.0811.

(6)  STANDARDS OF EXCELLENCE.--The Education Standards Commission shall recommend, and the State Board of Education shall approve, standards of excellence for teacher preparation. These standards must exceed the requirements for program approval pursuant to subsection (3) and must incorporate state and national recommendations for exemplary teacher preparation programs. Approved teacher preparation programs that meet these standards of excellence shall receive public recognition as programs of excellence and may be eligible to receive teaching profession enhancement grants pursuant to s. 240.5291.

(7)  NATIONAL BOARD STANDARDS.--The Education Standards Commission and the State Board of Education shall review standards and recommendations developed by the National Board for Professional Teaching Standards and may incorporate those parts deemed appropriate into criteria for continued state program approval, standards of excellence, and requirements for inservice education.

(8)  COMMUNITY COLLEGES.--To the extent practical, postsecondary institutions offering teacher preparation programs shall establish articulation agreements on a core of liberal arts courses and introductory professional courses with field experience components which shall be offered at community colleges.

(9)  PRETEACHER AND TEACHER EDUCATION PILOT PROGRAMS.--Universities and community colleges may establish preteacher education and teacher education pilot programs to encourage promising minority students to prepare for a career in education. These pilot programs shall be designed to recruit and provide additional academic, clinical, and counseling support for students whom the institution judges to be potentially successful teacher education candidates, but who may not meet teacher education program admission standards. Priority consideration shall be given to those pilot programs that are jointly submitted by community colleges and universities.

(a)  These pilot programs shall be approved by the State Board of Education and shall be designed to provide help and support for program participants during the preteacher education period of general academic preparation at a community college or university and during professional preparation in a state-approved teacher education program. Emphasis shall be placed on development of the basic skills needed by successful teachers.

(b)  Universities and community colleges may admit into the pilot program those incoming students who demonstrate an interest in teaching as a career, but who may not meet the requirements for entrance into an approved teacher education program.

1.  Flexibility may be given to colleges of education to develop and market innovative teacher training programs directed at specific target groups such as graduates from the colleges of arts and sciences, employed education paraprofessionals, substitute teachers, early federal retirees, and nontraditional college students. Programs must be submitted to the State Board of Education for approval.

2.  Academically successful graduates in the fields of liberal arts and science may be encouraged to embark upon a career in education.

3.  Models may be developed to provide a positive initial experience in teaching in order to encourage retention. Priority should be given to models that encourage minority graduates.

(c)  In order to be certified, a graduate from a pilot program shall meet all requirements for teacher certification specified by s. 231.17. Should a graduate of a pilot program not meet the requirements of s. 231.17, that person shall not be included in the calculations required by paragraph (4)(a) and State Board of Education rules for continued program approval, or in the statutes used by the State Board of Education in deciding which teacher education programs to approve.

(d)  Institutions participating in the pilot program shall submit an annual report evaluating the success of the program to the Commissioner of Education by March 1 of each year. The report shall contain, but shall not be limited to: the number of pilot program participants, including the number participating in general education and the number admitted to approved teacher education programs, the number of pilot program graduates, and the number of pilot program graduates who met the requirements of s. 231.17. The commissioner shall consider the number of participants recruited, the number of graduates, and the number of graduates successfully meeting the requirements of s. 231.17 reported by each institution, and shall make an annual recommendation to the state board regarding the institution's continued participation in the pilot program.

(10)  RULES.--The State Board of Education shall adopt necessary rules to implement this section.

History.--s. 2, ch. 78-423; s. 96, ch. 79-222; s. 7, ch. 80-325; s. 8, ch. 80-378; s. 1, ch. 82-180; s. 27, ch. 83-325; s. 1, ch. 90-178; s. 24, ch. 90-288; s. 6, ch. 90-302; s. 2, ch. 91-234; s. 45, ch. 94-232; s. 5, ch. 95-236; ss. 35, 40, ch. 95-392; s. 17, ch. 97-2; s. 4, ch. 97-4; s. 62, ch. 99-398.

Note.--Former s. 239.795.

240.52901  Rules; inclusion of instruction for teaching limited English proficiency students.--By August 1, 1995, the State Board of Education shall adopt rules to require colleges of education in the State University System to provide prospective teachers with the instruction necessary to enable them to teach students having limited proficiency in English. The instruction must be a required part of the teacher-preparation program in each college. The rules must be based on recommendations of the Education Standards Commission and shall take effect with the 1997-1998 academic year.

History.--s. 2, ch. 95-306.

240.5291  Teaching profession enhancement grants.--

(1)  Public and private colleges and universities with approved teacher preparation programs, in cooperation with school districts and community colleges, may submit a proposal for a teaching profession enhancement grant to the Commissioner of Education. The commissioner shall appoint an advisory committee, including classroom teachers and representatives of postsecondary teacher preparation programs, the Education Standards Commission, and school district staff development programs. The committee shall review the proposals and recommend to the commissioner an order of priority for funding. From among those proposals recommended by the advisory committee, the commissioner shall select for funding those proposals which have the greatest potential to result in improvements in teaching. Proposals shall be funded competitively.

(2)  To be eligible for funding, proposals shall include innovative programs designed to achieve one or more of the following objectives:

(a)  Recruitment of individuals into the teaching profession. Priority for funding shall be given to proposals which emphasize the recruitment of minorities and men.

(b)  Strengthening of academic and professional coursework. Priority for funding shall be given to proposals to incorporate components into the preservice educational programs relating to at-risk students.

(c)  Improvement of the preservice clinical component. Priority for funding shall be given to proposals addressing the training, credentials, and compensation of classroom teachers and university faculty involved in the supervision of interns and beginning teachers and alternate funding mechanisms to support field experiences, including joint school district and teacher preparation institution appointments and faculty exchange programs.

(d)  Enhancement of inservice education. Priority for funding shall be given to proposals to update teachers' and administrators' skills for working with at-risk students.

(e)  Enhancement of the professional status of teachers. Priority for funding shall be given to proposals to provide salary and other incentives to teachers for the pursuit of advanced degrees and training and for the achievement of national standards of professional competence.

(f)  Enhancement of higher education's role in public school improvement. Priority for funding shall be given to proposals which address university and community college collaboration, the dissemination and use of university research by public schools, the role of the demonstration research schools in the conduct of research and development of model programs and practices, and the role of the reward system within higher education for research and public service related to the public schools.

(g)  Assistance to teacher preparation programs to meet the standards of excellence pursuant to s. 240.529.

(3)  To be eligible for funding, each proposal shall include clearly stated goals and outcome objectives, a description of project activities, a budget, including identification of all federal, state, local, or other funds which will be used to support the proposed project, and evaluation procedures which describe how outcome objectives will be achieved and measured.

(4)  Each public or private college or university selected to receive a grant pursuant to the provisions of this section shall submit a report to the commissioner documenting expenditure of grant funds and the extent to which the objectives provided for in the proposal have been met. Such report shall be submitted to the commissioner by February 1, of each year. By July 1, 1995, the commissioner shall submit a report to the Governor and the Legislature on proposals funded pursuant to the provisions of this section. The report shall include a synopsis of the results of each program and recommendations concerning the implementation of program findings.

(5)  The Department of Education shall provide technical assistance to educational entities in the development of proposals and to the advisory committee in reviewing proposals.

(6)  The State Board of Education shall have the authority to adopt any rules necessary to implement the provisions of this section.

(7)  This section shall be implemented to the extent funded annually by the Educational Enhancement Trust Fund as appropriated by the General Appropriations Act.

History.--s. 25, ch. 90-288; s. 24, ch. 91-201; s. 5, ch. 91-429; s. 8, ch. 97-4.

240.53  Postdoctoral programs to train faculty to provide middle childhood education training and technical assistance.--

(1)  The Department of Education, in cooperation with the Board of Regents and the State Board of Independent Colleges and Universities, is authorized and directed to establish one or more approved postdoctoral training programs to train currently employed college or university faculty to deliver postsecondary courses, inservice training programs, and technical assistance related to middle childhood education programs.

(2)  The department is authorized to award grants to a college or university located in and approved by the state to develop such programs. Such programs shall meet the following criteria, in addition to other criteria specified by the department:

(a)  The programs shall be voluntary, and the participants must have doctoral degrees and at least 2 years of full-time teaching experience at colleges or universities.

(b)  Each prospective participant must be nominated by the dean or equivalent individual at the prospective participant's institution.

(c)  The programs must be conducted by postsecondary faculty, district school personnel, or laboratory school personnel who demonstrate outstanding training, expertise, and experience relevant to middle grade education.

(d)  The content of the programs must include, as a minimum, the following subject content areas: the middle grades, understanding the middle grade student, planning and evaluating middle grade programs, middle grade curriculum development, and teaming and interdisciplinary instruction in the middle grades. The department shall specify guidelines for additional content areas for the training of administrators and student services personnel.

(e)  Participants volunteering to be trained under the provisions of this section must be continued at their full salaries and other benefits and privileges, provided they participate full time in the training programs and meet other requirements specified by the department. Such requirements must provide for a declaration to teach or provide other direct services in middle childhood education following completion of the training program.

(3)  The State Board of Education shall prescribe rules necessary to implement the provisions of this section.

History.--ss. 84, 94, ch. 84-336; s. 13, ch. 89-302.

240.531  Establishment of educational research centers for child development.--

(1)  Upon approval of the university president, the student government association of any university within the State University System may establish an educational research center for child development in accordance with the provisions of this section. Each such center shall be a child day care center established to provide care for the children of students, both graduate and undergraduate, faculty, and other staff and employees of the university and to provide an opportunity for interested schools or departments of the university to conduct educational research programs and establish internship programs within such centers. Whenever possible, such center shall be located on the campus of the university. There shall be a director of each center, selected by the board of directors of the center.

(2)  There shall be a board of directors for each educational research center for child development, consisting of the president of the university or his or her designee, the student government president or his or her designee, the chair of each department participating in the center or his or her designee, and one parent for each 50 children enrolled in the center, elected by the parents of children enrolled in the center. The director of the center shall be an ex officio, nonvoting member of the board. The board shall establish local policies and perform local oversight and operational guidance for the center.

(3)  Each center is authorized to charge fees for the care and services it provides. Such fees must be approved by the Board of Regents and may be imposed on a sliding scale based on ability to pay or any other factors deemed relevant by the board.

(4)  The Board of Regents is authorized and directed to promulgate rules for the establishment, operation, and supervision of educational research centers for child development. Such rules shall include, but need not be limited to: a defined method of establishment of and participation in the operation of centers by the appropriate student government associations; guidelines for the establishment of an intern program in each center; and guidelines for the receipt and monitoring of funds from grants and other sources of funds consistent with existing laws.

(5)  Each educational research center for child development shall be funded by a portion of the Capital Improvement Trust Fund fee established by the Board of Regents pursuant to s. 240.209(3)(h). Each university which establishes a center shall receive a portion of such fees collected from the students enrolled at that university, usable only at that university, equal to 22.5 cents per student per credit hour taken per term, based on the summer term and fall and spring semesters. This allocation shall be used by the university only for the establishment and operation of a center as provided by this section and rules promulgated hereunder. Said allocation may be made only after all bond obligations required to be paid from such fees have been met.

History.--s. 1, ch. 79-197; s. 23, ch. 81-193; s. 44, ch. 81-223; s. 16, ch. 89-381; s. 17, ch. 91-55; s. 74, ch. 95-148.

240.5321  Interdisciplinary Center for Brownfield Rehabilitation Assistance.--The Board of Regents shall establish a Center for Brownfield Rehabilitation Assistance in the Environmental Sciences and Policy Program in the College of Arts and Sciences at the University of South Florida with the collaboration of other related disciplines such as business administration, environmental science, and medicine. The center shall work in conjunction with other colleges in the State University System. The Center for Brownfield Rehabilitation Assistance shall:

(1)  Conduct research relating to problems and solutions associated with rehabilitation and restoration of brownfield areas as defined in s. 376.79. The research must include identifying innovative solutions to removing contamination from brownfield sites to reduce the threats to drinking water supplies and other potential public health threats from contaminated sites.

(2)  Provide public service to local, regional, and state agencies, units of government, and authorities by helping them to create workable mechanisms, partnerships with public and private sectors, and other techniques for rehabilitating brownfield areas.

(3)  Conduct special research relating to risk-based corrective actions for rehabilitation of brownfield areas.

(4)  Develop a base of informational and financial support from the private sector for the activities of the center.

History.--s. 13, ch. 98-75.

240.5325  Research activities relating to solid and hazardous waste management.--Research, training, and service activities related to solid and hazardous waste management conducted by state universities shall be coordinated by the Board of Regents through the Office of the Chancellor. Proposals for research contracts and grants; public service assignments; and responses to requests for information and technical assistance by state and local government, business, and industry shall be addressed by a formal Type I Center process involving an advisory board of university personnel appointed by the chancellor and chaired and directed by an individual appointed by the chancellor. The Board of Regents shall consult with the Department of Environmental Protection in developing the research programs and provide the department with a copy of the proposed research program for review and comment before the research is undertaken. Research contracts shall be awarded to independent nonprofit colleges and universities within the state which are accredited by the Southern Association of Colleges and Schools on the same basis as those research contracts awarded to the state universities. Research activities shall include, but are not limited to, the following areas:

(1)  Methods and processes for recycling solid and hazardous waste;

(2)  Methods of treatment for detoxifying hazardous waste; and

(3)  Technologies for disposing of solid and hazardous waste.

History.--s. 50, ch. 88-130; s. 61, ch. 94-356.

240.5326  Research protocols to determine most appropriate pollutant dispersal agents.--The Center for Solid and Hazardous Waste Management shall coordinate the research protocols for projects to determine the most appropriate dispersal agents that can be used in an environmentally safe manner in Florida waters as part of a pollutant cleanup activity. Such research shall be used by the Department of Environmental Protection in approving the use of such agents by pollutant spill cleanup contractors and others who may be required to use such agents in containing and cleaning up pollutant spills in the waters of the state.

History.--s. 28, ch. 90-54; s. 62, ch. 94-356.

240.5329  Florida LAKEWATCH Program.--The Florida LAKEWATCH Program is hereby created within the Department of Fisheries and Aquaculture of the Institute of Food and Agricultural Sciences at the University of Florida. The purpose of the program is to provide public education and training with respect to the water quality of Florida's lakes. The Department of Fisheries and Aquaculture may, in implementing the LAKEWATCH program:

(1)  Train, supervise, and coordinate volunteers to collect water quality data from Florida's lakes.

(2)  Compile the data collected by volunteers.

(3)  Disseminate information to the public about the LAKEWATCH program.

(4)  Provide or loan equipment to volunteers in the program.

(5)  Perform other functions as may be necessary or beneficial in coordinating the LAKEWATCH program.

Data collected and compiled shall be used to establish trends and provide general background information and shall in no instance be used in a regulatory proceeding.

History.--ss. 1, 2, ch. 91-69.

240.533  Gender equity in intercollegiate athletics.--

(1)  LEGISLATIVE INTENT.--The Legislature recognizes that the educational opportunities for women athletes are greatly enhanced by providing equal opportunity for women to participate in intercollegiate athletics. Therefore, it is the intent of the Legislature to demonstrate through financial assistance to the State University System and the institutions therein its commitment to the principle of equity by assuring equal opportunity for female athletes. Furthermore, it is the intent of the Legislature that the Title IX regulations of the 1972 Educational Amendments, as amended, form the basis upon which appropriations are made.

(2)  COUNCIL.--

(a)  There is created within the Board of Regents the Council on Equity in Athletics. The council shall meet at least once, but not more than four times, annually. The council shall be composed of:

1.  The Chancellor of the State University System or a designee, who shall serve as chair of the council.

2.  The Commissioner of Education or a designee.

3.  The President of the State Council of Student Body Presidents or a designee.

4.  The Equal Employment Opportunity officer for the Department of Education or a designee.

5.  The director of the Office of Equal Opportunity Programs for the Board of Regents.

6.  One member from each institution within the State University System, at least five of whom shall be women. Except for the Chancellor or his or her designee, the Commissioner of Education or designee, the Equal Employment Opportunity officer for the Department of Education, and the Director of the Board of Regents Office of Equal Opportunity Programs, and except for the President of the State Council of Student Body Presidents, or a designee, who shall be appointed to a term of 1 year, the terms of council members appointed to fill vacancies which occur after August 1, 1991, shall be as follows: three members shall be appointed for 2-year terms; three members shall be appointed for 3-year terms; and three members shall be appointed for 4-year terms. Upon expiration of these members' terms of office, terms of office shall be for 4 years. Institutional members shall be nominated by the university presidents and selected by the Chancellor of the State University System. In the event of a vacancy prior to expiration of a member's term, such vacancy shall be filled by the Chancellor of the State University System.

(b)  The council shall have as its primary responsibilities:

1.  The determination of available resources for women's intercollegiate athletics at each institution within the State University System.

2.  The determination of required resources for women's intercollegiate athletics at each institution within the State University System in order to comply with the provisions herein.

3.  The development of a state formula for the request and allocation of funds based on the Title IX regulations, which shall assure equity for funding women's intercollegiate athletics at each institution within the State University System.

4.  The advisement of the board of the required appropriation and allocation to assure equity as provided herein.

(3)  FUNDING.--

(a)  An equitable portion of all separate athletic fees shall be designated for women's intercollegiate athletics.

(b)  The level of funding and percentage share of support for women's intercollegiate athletics shall be determined by the Board of Regents, in consultation with the Council on Equity in Athletics. The level of funding and percentage share attained in the 1980-1981 fiscal year shall be the minimum level and percentage maintained by each institution, except as the Board of Regents otherwise directs for the purpose of assuring equity. Consideration shall be given by the Board of Regents to emerging athletic programs at state universities which may not have the resources to secure external funds to provide athletic opportunities for women. It is the intent that the effect of any redistribution of funds among institutions shall not negate the requirements as set forth in this section.

(c)  In addition to the above amount, an amount equal to the sales taxes collected from admission to athletic events sponsored by an institution within the State University System shall be retained and utilized by each institution to support women's athletics.

(4)  GENDER EQUITY PLAN.--

(a)  Each state university shall develop a gender equity plan pursuant to s. 228.2001. The council shall review each university's plan to ensure compliance and report such findings to the Board of Regents.

(b)  The plan shall include consideration of equity in sports offerings, participation, availability of facilities, scholarship offerings, and funds allocated for administration, recruitment, comparable coaching, publicity and promotion, and other support costs.

(c)  The Commissioner of Education shall annually assess the progress of each university's plan and advise the Board of Regents regarding compliance.

(d)  The Board of Regents shall annually evaluate the Chancellor and university presidents on the extent to which the gender equity goals have been achieved.

(e)  To determine the proper level of support for women's athletic scholarships, an equity plan may determine, where appropriate, that support for women's scholarships may be disproportionate to the support of scholarships for men.

(f)  Effective July 1, 1994, if a state university is not in compliance with Title IX of the Education Amendments of 1972 and the Florida Educational Equity Act, the Board of Regents shall:

1.  Declare the university ineligible for competitive state grants.

2.  Withhold funds sufficient to obtain compliance.

The university shall remain ineligible and the funds shall not be paid until the university comes into compliance or the Chancellor approves a plan for compliance.

(5)  BOARD OF REGENTS.--The Board of Regents shall assure equal opportunity for female athletes and establish:

(a)  Guidelines for reporting of intercollegiate athletics data concerning financial, program, and facilities information for review by the Board of Regents annually.

(b)  Systematic audits for the evaluation of such data.

(c)  Criteria for determining and assuring equity.

History.--s. 3, ch. 80-359; s. 24, ch. 81-193; s. 1, ch. 81-319; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 6, ch. 83-326; s. 1, ch. 84-47; s. 6, ch. 84-94; s. 27, ch. 87-6; s. 64, ch. 91-45; ss. 1, 3, 4, ch. 91-123; s. 5, ch. 91-429; s. 3, ch. 93-202; s. 75, ch. 95-148.

240.5339  Short title.--This act may be cited as the "Collegiate Athletic Association Compliance Enforcement Procedures Act."

History.--s. 1, ch. 91-260.

240.5340  Definitions.--For purposes of this act, "collegiate athletic association," "athletic association," or "association" means any organization of colleges and universities whose major function is the promotion and regulation of collegiate athletics, which also meets the following criteria:

(1)  Such organization has at least 200 member institutions in the United States.

(2)  Such organization has members in at least 40 states.

(3)  The members of such organization collectively receive at least $2 million annually in revenue from the telecast or broadcast of their athletic activities.

History.--s. 3, ch. 91-260.

240.5341  Hearing prerequisite to finding of violation; hearing procedures.--

(1)  No penalty may be imposed by a collegiate athletic association on any institution of higher education operating in the State of Florida, nor shall any collegiate athletic association require or cause any institution of higher education to impose a penalty on any student or employee, unless the findings upon which the penalties are based are made at a formal hearing in conformity with the rules in this section. Any association may adopt rules prescribing the procedures for such a hearing, including the method of selecting a presiding officer, provided that such rules are not inconsistent with the provisions of this act.

(2)  Any finding shall be made in writing and supported by clear and convincing evidence.

(3)  Any individual employee or student who is charged with misconduct shall be notified, in writing, at least 2 months prior to the hearing of the specific charges against that individual, that a hearing will be held at a specific date and time to determine the truth of the charges, and that a finding that the misconduct occurred may result in penalties imposed on the institution or imposed by the institution on the individual. The institution shall also be notified in writing of the hearing on the charges.

(4)  Any such person or institution has a right to have counsel present, to interrogate and cross-examine witnesses, and to present a complete defense.

(5)  The rules of evidence applicable to civil trials in the state shall apply at such hearings.

(6)  Any individual charged with misconduct which might result in a penalty, and the institution with which he or she is associated, shall be entitled to full disclosure of all relevant facts and matters to the same degree as a defendant in a criminal case and shall have the same right to discovery as applies in criminal and civil cases.

(7)  Any individual or institution may suppress at the hearing any evidence garnered from any interrogation of any party if the evidence was not procured in accordance with the provisions of s. 240.5343 or if the evidence was obtained indirectly because of interrogations not in conformity with the provisions of s. 240.5343.

(8)  Any hearing shall be open to the public unless any party charged with misconduct or the institution involved objects.

(9)  No hearing may be held on any given charge unless commenced within 12 months of the date on which the institution of higher education first receives notice of any kind from the association that it is investigating a possible violation of its rules, or, in a situation in which the institution itself brings the possibility of a violation to the attention of the association, unless commenced within 18 months of the date such notice is provided to the association. The running of the 12-month or 18-month period shall be tolled because of any delay occasioned by the institution or individual being investigated, whether or not for good cause. Any individual charged with a violation or the institution with which he or she is affiliated may petition the circuit court for a determination of whether the provisions of this subsection have been violated prior to proceeding with the hearing. The filing of any such petition tolls the running of the 12-month or 18-month period.

(10)  The association conducting the hearing shall cause a complete transcript of any hearing to be made at its expense by a certified state court reporter. If an individual charged with a violation or the institution with which he or she is associated so requests, a copy of the transcript shall be provided to the requesting party within 21 days of the request and the cost of providing the transcript shall be assumed by the association.

(11)  Any findings made pursuant to the hearing under this section are subject to review in the circuit court.

History.--s. 4, ch. 91-260; s. 77, ch. 95-148.

240.5342  Penalties.--

(1)  Any penalty imposed upon an institution by an association or any penalty required by the association to be imposed on a student or employee shall bear a reasonable relationship to the violation committed.

(2)  Any penalty shall be commensurate with those applied in similar situations for similar violations.

(3)  Any penalty imposed on an institution or, because of an association directive, on an individual shall be subject to review in circuit court.

History.--s. 5, ch. 91-260.

240.5343  Rights in interrogations.--

(1)  In any interrogation of any person suspected of a violation of association rules, at the point at which the association should reasonably believe the person might have violated association rules, it shall inform the person that it is investigating him or her for misconduct which might result in the imposition of a penalty on such individual or his or her institution.

(2)  At such point, the person interrogated is entitled to have counsel present at any further interrogation and need not respond further until provided with reasonable time to obtain counsel. The person interrogated is entitled to a complete recording of any subsequent interrogation and a transcript of the full interrogation made at the expense of the association. The transcript shall be made by a certified state court reporter. The association or its agent shall inform the person to be interrogated of these rights before proceeding and shall obtain written acknowledgment of such provision.

(3)  In any proceeding or hearing held to determine whether a violation has occurred, any party who has been subject to an interrogation, or the institution with whom he or she is associated, may seek to suppress evidence obtained during or as a result of the interrogation if the interrogation was not conducted in accordance with the provisions of this section.

History.--s. 6, ch. 91-260; s. 78, ch. 95-148.

240.5344  Rights.--Nothing in this act limits the right of any individual or institution to claim the abridgment of any other due process right not enumerated in this act.

History.--s. 7, ch. 91-260.

240.5345  Prohibitions.--

(1)  No association shall impose a penalty on any institution for a violation of the association's rules or legislation unless the findings which are the basis for the penalty are made, and the penalty itself is imposed, in accordance with the provisions of this act.

(2)  No association shall impose a penalty on any college or university for failure to take disciplinary action against any employee or student for the violation of association rules or legislation unless the findings which are the basis for the penalty are made, and the penalty itself is imposed, in accordance with the provisions of this act.

(3)  No association may terminate the membership of any institution because of the enactment or application of the provisions of this act, nor shall any association impose a penalty upon any institution for seeking redress under the provisions of this act.

(4)  An association may not impose a penalty against any member institution because a student or employee seeks redress under the provisions of this act.

History.--s. 8, ch. 91-260.

240.5346  Liability.--

(1)  An association which violates the provisions of this act is liable for damages to an aggrieved institution or individual incurring injury as a result of the violation of the provisions of this act. Damages shall include, but are not limited to, all financial loss incurred due to the imposition of a penalty in violation of the provisions of this act. Any association found guilty of violating the provisions of this act is also liable for the costs, litigation expenses, and attorney's fees of any party prevailing against it.

(2)  Any institution or individual aggrieved as a result of violation of provisions of this act shall also be entitled to appropriate equitable relief.

History.--s. 9, ch. 91-260.

240.5347  Application.--

(1)  Except as otherwise provided in this section, any rights created under this act shall apply to any matter or investigation begun prior to but not concluded as of June 1, 1992:

(a)  As to matters not concluded prior to June 1, 1992, the 12-month and 18-month time periods specified in s. 240.5341 shall commence running from June 1, 1992.

(b)  Section 240.5343 shall apply only to interrogations occurring on or after June 1, 1992.

(2)  The provisions of this act apply notwithstanding any contract or agreement entered into before, on, or after June 1, 1992. Any contractual provision to the contrary is invalid and unenforceable. No provision of this act may be waived by any member institution as a condition of continued membership in the association or otherwise.

History.--s. 10, ch. 91-260.

240.5348  Exclusions.--This act does not apply to investigations relating solely to academic qualifications.

History.--s. 11, ch. 91-260.

240.5349  Cumulative remedies.--The remedies provided in this act are cumulative and in addition to any other remedies provided by law.

History.--s. 12, ch. 91-260.

240.535  New World School of the Arts.--

(1)  This section shall be known and may be cited as the "New World School of the Arts Act."

(2)  As Florida strives to achieve excellence in all aspects of public education, it is the intent of the Legislature that specific attention be given to the needs of artistically talented high school and college students. It is further intended that such students who are occupationally oriented to the arts be provided with the means for achieving both an academic education and artistic training appropriate to their gifts.

(3)  There is hereby created the New World School of the Arts, a center of excellence for the performing and visual arts, to serve all of the State of Florida. The school shall offer a program of academic and artistic studies in the visual and performing arts which shall be available to talented high school and college students.

(4)(a)  For purposes of governance, the New World School of the Arts is assigned to the State University System, Miami-Dade Community College, and the Dade County School District. The Board of Regents shall assign to the New World School of the Arts a university partner or partners. In this selection, the Board of Regents will consider the accreditation status of the core programs. Florida International University, in its capacity as the provider of university services to Dade County, will be a partner to serve the New World School of the Arts, upon meeting the accreditation criteria. The respective boards shall appoint members to an executive board for administration of the school. The executive board may include community members and shall reflect proportionately the participating institutions. Miami-Dade Community College shall serve as fiscal agent for the school.

(b)  The New World School of the Arts Foundation is hereby created for the purpose of providing auxiliary financial support for the school's programs, including, but not limited to, the promotion and sponsorship of special events and scholarships. Foundation membership shall be determined by the executive board.

(c)  The school may affiliate with other public or private educational or arts institutions. The school shall serve as a professional school for all qualified students within appropriations and limitations established by the Legislature and the respective educational institutions.

(5)  The school shall submit annually a formula-driven budget request to the Commissioner of Education and the Legislature. This formula shall be developed in consultation with the Department of Education, the Division of Community Colleges, the Board of Regents, and staff of the Legislature. However, the actual funding for the school shall be determined by the Legislature in the General Appropriations Act.

(6)  The Board of Regents shall utilize resources, programs, and faculty from the various state universities in planning and providing the curriculum and courses at the New World School of the Arts, drawing on program strengths at each state university.

History.--s. 1, ch. 84-192; s. 1, ch. 86-226; s. 36, ch. 89-207; s. 1, ch. 94-244.

240.539  Advanced technology research.--

(1)  It is the intent of the Legislature that greater collaboration exist between private industry and the universities of the state in the development and application of new technologies. The establishment of mechanisms to facilitate such collaboration in select areas is viewed as having significant potential for economic growth in Florida, since the application of new technologies considerably enhances the productivity and stability of Florida businesses.

(2)  For the purposes of this section, the term "high technology" means the application of new technological developments, singularly or in combination, to cause changes in the workplace and provide the technological basis for the society of the future.

(3)  The Enterprise Florida Innovation Partnership shall recommend to the Board of Regents for funding consideration by the Legislature research priorities in technological areas including, but not limited to, computer technology, lightwave technology, biomedical technology and sciences, materials sciences, microelectronics, sensors, or robotics. No later than October 1, 1989, and every third year thereafter, the partnership shall develop and submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives on the status of the research areas identified in this section and how each area affects the economic growth of the state. The Board of Regents shall allocate funds to priority research programs pursuant to the provisions of this section.

(4)  The Enterprise Florida Innovation Partnership shall make recommendations to the Board of Regents regarding the allocation of funds provided in the General Appropriations Act for research programs in advanced technology. Funds may be allocated for the purchase of equipment and fixtures, employment of faculty and support staff, provision of fellowships, and other purposes approved by the partnership and the university. No such funds shall be used for capital construction. Each designated research program shall match its allocation of advanced technology research funds with an amount at least equal to the allocation from private or public, nonstate funds.

(5)  The Board of Regents may allocate or provide for the investment of moneys provided in the General Appropriations Act for advanced technology research to the Enterprise Florida Innovation Partnership, and to universities or university-affiliated research agencies for the purpose of planning and program development for future designation as research programs in advanced technology. Such moneys shall be awarded based on the same application process as used in the designation of research programs and shall be awarded only to universities and institutions whose evaluations yield a reasonable expectation of future research program priority designation. No applicant shall receive more than one award per fiscal year pursuant to this subsection.

(6)  No university or university-affiliated program shall derive overhead from moneys awarded pursuant to this section.

History.--s. 7, ch. 85-196; s. 45, ch. 88-130; ss. 2, 4, ch. 88-134; s. 17, ch. 89-381; s. 81, ch. 90-360; s. 93, ch. 91-45; s. 5, ch. 91-429; s. 13, ch. 93-187; s. 1, ch. 95-230.

240.540  Incubator facilities program.--

(1)  Each research and development park established pursuant to ss. 159.701-159.7095 may provide incubator facilities to eligible small business concerns. As used in this section, "small business concern" shall be defined as an independently owned and operated business concern incorporated in Florida which is not an affiliate or a subsidiary of a business dominant in its field of operation and which employs 25 or fewer full-time employees. "Incubator facility" shall be defined as a facility in which small business concerns share common space, equipment, and support personnel and through which such concerns have access to professional consultants for advice related to the technical and business aspects of conducting a commercial enterprise. The park authority shall authorize concerns for inclusion in the incubator facility.

(2)  Each research and development park authority that provides an incubator facility shall provide the following:

(a)  Management and maintenance of the incubator facility;

(b)  Secretarial and other support personnel, equipment, and utilities; and

(c)  Mechanisms to assist with the acquisition of technical, management, and entrepreneurial expertise to resident and other local small business concerns.

(3)  The incubator facility and any improvements to the facility shall be owned by the research and development park authority. The park authority may charge residents of the facility all or part of the cost for facilities, utilities, and support personnel and equipment. No small business concern shall reside in the incubator facility for more than 2 calendar years. The state shall not be liable for any act or failure to act of any small business concern residing in an incubator facility pursuant to this section or of any such concern benefiting from the incubator facilities program.

History.--s. 8, ch. 85-196.

240.541  Postsecondary education programs of excellence in mathematics, science, and computer education.--

(1)  From funding provided in the General Appropriations Act, the Department of Education shall approve plans to promote excellence in mathematics, science, and computer education. Funds shall be distributed to state universities and community colleges as provided in the General Appropriations Act to provide one or more of the following:

(a)  Cooperative programs involving postsecondary institutions and private industry to promote excellence in mathematics, science, and computer education.

(b)  Cooperative programs involving public school districts to provide enrichment experiences to public school students in mathematics, science, and computer education.

(c)  Training programs to enable teachers to make better use of scientific and technical equipment.

(d)  Instructional research grants to faculty to establish summer courses or research projects which will allow more students to study engineering, mathematics, science, and computer skills.

(e)  Encouragement of faculty upgrading whereby existing faculty are given the opportunity to update their training in the newest technologies and processes.

(f)  Joint appointments with industry whereby industry provides full-time appointments for faculty members in coordination of full-time appointments of industry personnel to state universities and community colleges to teach engineering, computer science, mathematics, or science courses.

(2)  From funds provided in the General Appropriations Act, the Department of Education is authorized to award feasibility planning grants to state universities or community colleges to establish or expand centers for academically talented students in mathematics, science, and computer education in kindergarten through grade 12.

(3)  From funds provided in the General Appropriations Act, the Department of Education is authorized to approve plans for the purchase and maintenance of scientific and technical equipment used in mathematics, science, and computer skills education.

(4)  This section shall be implemented in the 1983-1984 school year and thereafter only to the extent as specifically funded and authorized by law.

History.--ss. 7, 23, ch. 83-327; s. 6, ch. 83-348.

240.551  Florida Prepaid College Program.--

(1)  LEGISLATIVE INTENT.--The Legislature recognizes that educational opportunity at the postsecondary level is a critical state interest. It further recognizes that educational opportunity is best ensured through the provision of postsecondary institutions that are geographically and financially accessible. Accordingly, it is the intent of the Legislature that a program be established through which many of the costs associated with postsecondary attendance may be paid in advance and fixed at a guaranteed level for the duration of undergraduate enrollment. It is similarly the intent of the Legislature to provide a program that fosters timely financial planning for postsecondary attendance and to encourage employer participation in such planning through program contributions on behalf of employees and the dependents of employees.

(2)  DEFINITIONS.--

(a)  "Advance payment contract" means a contract entered into by the board and a purchaser pursuant to this section.

(b)  "Board" means the Florida Prepaid College Board.

(c)  "Fund" means the Florida Prepaid College Trust Fund.

(d)  "Program" means the Florida Prepaid College Program.

(e)  "Purchaser" means a person who makes or is obligated to make advance registration or dormitory residence payments in accordance with an advance payment contract.

(f)  "Qualified beneficiary" means:

1.  A resident of this state at the time a purchaser enters into an advance payment contract on behalf of the resident;

2.  A nonresident who is the child of a noncustodial parent who is a resident of this state at the time that such parent enters into an advance payment contract on behalf of the child; or

3.  For purposes of advance payment contracts entered into pursuant to subsection (22), a graduate of an accredited high school in this state who is a resident of this state at the time he or she is designated to receive the benefits of the advance payment contract.

(g)  "Registration fee" means matriculation fee, financial aid fee, building fee, and Capital Improvement Trust Fund fee.

(h)  "State postsecondary institution" means any community college identified in s. 240.3031 or university identified in s. 240.2011.

(3)  FLORIDA PREPAID COLLEGE PROGRAM; CREATION.--There is created a Florida Prepaid College Program to provide a medium through which the cost of registration and dormitory residence may be paid in advance of enrollment in a state postsecondary institution at a rate lower than the projected corresponding cost at the time of actual enrollment. Such payments shall be combined and invested in a manner that yields, at a minimum, sufficient interest to generate the difference between the prepaid amount and the cost of registration and dormitory residence at the time of actual enrollment. Students who enroll in a state postsecondary institution pursuant to this section shall be charged no fees in excess of the terms delineated in the advance payment contract.

(4)  FLORIDA PREPAID COLLEGE TRUST FUND.--There is created within the State Board of Administration the Florida Prepaid College Trust Fund. The fund shall consist of state appropriations, moneys acquired from other governmental or private sources, and moneys remitted in accordance with advance payment contracts. All funds deposited into the trust fund may be invested pursuant to s. 215.47. Dividends, interest, and gains accruing to the trust fund shall increase the total funds available for the program. Notwithstanding the provisions of chapter 717, funds associated with terminated contracts pursuant to subsection (12) and canceled contracts for which no refunds have been claimed shall increase the total funds available for the program. However, the board shall establish procedures for notifying purchasers who subsequently cancel their contracts of any unclaimed refund and shall establish a time period after which no refund may be claimed by a purchaser who canceled a contract. Any balance contained within the fund at the end of a fiscal year shall remain therein and shall be available for carrying out the purposes of the program. In the event that dividends, interest, and gains exceed the amount necessary for program administration and disbursements, the board may designate an additional percentage of the fund to serve as a contingency fund. Moneys contained within the fund shall be exempt from the investment requirements of s. 18.10. Any funds of a direct-support organization created pursuant to subsection (22) shall be exempt from the provisions of this subsection.

(5)  PROGRAM ADMINISTRATION.--

(a)  The Florida Prepaid College Program shall be administered by the Florida Prepaid College Board as an agency of the state. The Florida Prepaid College Board is hereby created as a body corporate with all the powers of a body corporate for the purposes delineated in this section. For the purposes of s. 6, Art. IV of the State Constitution, the board shall be assigned to and administratively housed within the State Board of Administration, but it shall independently exercise the powers and duties specified in this section.

(b)  The board shall consist of seven members to be composed of the Insurance Commissioner and Treasurer, the Comptroller, the Chancellor of the Board of Regents, the Executive Director of the State Board of Community Colleges, and three members appointed by the Governor and subject to confirmation by the Senate. Each member appointed by the Governor shall possess knowledge, skill, and experience in the areas of accounting, actuary, risk management, or investment management. Each member of the board not appointed by the Governor may name a designee to serve the board on behalf of the member; however, any designee so named shall meet the qualifications required of gubernatorial appointees to the board. Members appointed by the Governor shall serve terms of 3 years. Any person appointed to fill a vacancy on the board shall be appointed in a like manner and shall serve for only the unexpired term. Any member shall be eligible for reappointment and shall serve until a successor qualifies. Members of the board shall serve without compensation but shall be reimbursed for per diem and travel in accordance with s. 112.061. Each member of the board shall file a full and public disclosure of his or her financial interests pursuant to s. 8, Art. II of the State Constitution and corresponding statute.

(c)  The board shall annually elect a board member to serve as chair and a board member to serve as vice chair and shall designate a secretary-treasurer who need not be a member of the board. The secretary-treasurer shall keep a record of the proceedings of the board and shall be the custodian of all printed material filed with or by the board and of its official seal. Notwithstanding the existence of vacancies on the board, a majority of the members shall constitute a quorum. The board shall take no official action in the absence of a quorum. The board shall meet, at a minimum, on a quarterly basis at the call of the chair.

(6)  FLORIDA PREPAID COLLEGE BOARD; DUTIES.--The board shall:

(a)  Appoint an executive director to serve as the chief administrative and operational officer of the board and to perform other duties assigned to him or her by the board.

(b)  Administer the fund in a manner that is sufficiently actuarially sound to defray the obligations of the program. The board shall annually evaluate or cause to be evaluated the actuarial soundness of the fund. If the board perceives a need for additional assets in order to preserve actuarial soundness, the board may adjust the terms of subsequent advance payment contracts to ensure such soundness.

(c)  Establish a comprehensive investment plan for the purposes of this section with the approval of the State Board of Administration. The comprehensive investment plan shall specify the investment policies to be utilized by the board in its administration of the fund. The board may place assets of the fund in savings accounts or use the same to purchase fixed or variable life insurance or annuity contracts, securities, evidence of indebtedness, or other investment products pursuant to the comprehensive investment plan and in such proportions as may be designated or approved under that plan. Such insurance, annuity, savings, or investment products shall be underwritten and offered in compliance with the applicable federal and state laws, regulations, and rules by persons who are duly authorized by applicable federal and state authorities. Within the comprehensive investment plan, the board may authorize investment vehicles, or products incident thereto, as may be available or offered by qualified companies or persons. A contract purchaser may not direct the investment of his or her contribution to the trust fund, and a contract beneficiary may not direct the contribution made on his or her behalf to the trust fund. Board members and employees of the board are not prohibited from purchasing advance payment contracts by virtue of their fiduciary responsibilities as members of the board or official duties as employees of the board.

(d)  Solicit proposals and contract, pursuant to s. 287.057, for the marketing of the Florida Prepaid College Program. The entity designated pursuant to this paragraph shall serve as a centralized marketing agent for the program and shall be solely responsible for the marketing of the program. Any materials produced for the purpose of marketing the program shall be submitted to the board for review. No such materials shall be made available to the public before the materials are approved by the board. Any educational institution may distribute marketing materials produced for the program; however, all such materials shall have been approved by the board prior to distribution. Neither the state nor the board shall be liable for misrepresentation of the program by a marketing agent.

(e)  Solicit proposals and contract, pursuant to s. 287.057, for a trustee services firm to select and supervise investment programs on behalf of the board. The goals of the board in selecting a trustee services firm shall be to obtain the highest standards of professional trustee services, to allow all qualified firms interested in providing such services equal consideration, and to provide such services to the state at no cost and to the purchasers at the lowest cost possible. The trustee services firm shall agree to meet the obligations of the board to qualified beneficiaries if moneys in the fund fail to offset the obligations of the board as a result of imprudent selection or supervision of investment programs by such firm. Evaluations of proposals submitted pursuant to this paragraph shall include, but not be limited to, the following criteria:

1.  Adequacy of trustee services for supervision and management of the program, including current operations and staff organization and commitment of management to the proposal.

2.  Capability to execute program responsibilities within time and regulatory constraints.

3.  Past experience in trustee services and current ability to maintain regular and continuous interactions with the board, records administrator, and product provider.

4.  The minimum purchaser participation assumed within the proposal and any additional requirements of purchasers.

5.  Adequacy of technical assistance and services proposed for staff.

6.  Adequacy of a management system for evaluating and improving overall trustee services to the program.

7.  Adequacy of facilities, equipment, and electronic data processing services.

8.  Detailed projections of administrative costs, including the amount and type of insurance coverage, and detailed projections of total costs.

(f)  Solicit proposals and contract, pursuant to s. 287.057, for product providers to develop investment portfolios on behalf of the board to achieve the purposes of this section. Product providers shall be limited to authorized insurers as defined in s. 624.09, banks as defined in s. 658.12, associations as defined in s. 665.012, authorized Securities and Exchange Commission investment advisers, and investment companies as defined in the Investment Company Act of 1940. All product providers shall have their principal place of business and corporate charter located and registered in the United States. In addition, each product provider shall agree to meet the obligations of the board to qualified beneficiaries if moneys in the fund fail to offset the obligations of the board as a result of imprudent investing by such provider. Each authorized insurer shall evidence superior performance overall on an acceptable level of surety in meeting its obligations to its policyholders and other contractual obligations. Only qualified public depositories approved by the Insurance Commissioner and Treasurer shall be eligible for board consideration. Each investment company shall provide investment plans as specified within the request for proposals. The goals of the board in selecting a product provider company shall be to provide all purchasers with the most secure, well-diversified, and beneficially administered postsecondary education expense plan possible, to allow all qualified firms interested in providing such services equal consideration, and to provide such services to the state at no cost and to the purchasers at the lowest cost possible. Evaluations of proposals submitted pursuant to this paragraph shall include, but not be limited to, the following criteria:

1.  Fees and other costs charged to purchasers that affect account values or operational costs related to the program.

2.  Past and current investment performance, including investment and interest rate history, guaranteed minimum rates of interest, consistency of investment performance, and any terms and conditions under which moneys are held.

3.  Past experience and ability to provide timely and accurate service in the areas of records administration, benefit payments, investment management, and complaint resolution.

4.  Financial history and current financial strength and capital adequacy to provide products, including operating procedures and other methods of protecting program assets.

(7)  FLORIDA PREPAID COLLEGE BOARD; POWERS.--The board shall have the powers necessary or proper to carry out the provisions of this section, including, but not limited to, the power to:

(a)  Adopt an official seal and rules.

(b)  Sue and be sued.

(c)  Make and execute contracts and other necessary instruments.

(d)  Establish agreements or other transactions with federal, state, and local agencies, including state universities and community colleges.

(e)  Invest funds not required for immediate disbursement.

(f)  Appear in its own behalf before boards, commissions, or other governmental agencies.

(g)  Hold, buy, and sell any instruments, obligations, securities, and property determined appropriate by the board.

(h)  Require a reasonable length of state residence for qualified beneficiaries.

(i)  Restrict the number of participants in the community college plan, university plan, and dormitory residence plan, respectively. However, any person denied participation solely on the basis of such restriction shall be granted priority for participation during the succeeding year.

(j)  Segregate contributions and payments to the fund into various accounts and funds.

(k)  Contract for necessary goods and services, employ necessary personnel, and engage the services of private consultants, actuaries, managers, legal counsel, and auditors for administrative or technical assistance.

(l)  Solicit and accept gifts, grants, loans, and other aids from any source or participate in any other way in any government program to carry out the purposes of this section.

(m)  Require and collect administrative fees and charges in connection with any transaction and impose reasonable penalties, including default, for delinquent payments or for entering into an advance payment contract on a fraudulent basis.

(n)  Procure insurance against any loss in connection with the property, assets, and activities of the fund or the board.

(o)  Impose reasonable time limits on use of the tuition benefits provided by the program. However, any such limitation shall be specified within the advance payment contract.

(p)  Delineate the terms and conditions under which payments may be withdrawn from the fund and impose reasonable fees and charges for such withdrawal. Such terms and conditions shall be specified within the advance payment contract.

(q)  Provide for the receipt of contributions in lump sums or installment payments.

(r)  Require that purchasers of advance payment contracts verify, under oath, any requests for contract conversions, substitutions, transfers, cancellations, refund requests, or contract changes of any nature. Verification shall be accomplished as authorized and provided for in s. 92.525(1)(a).

(s)  Delegate responsibility for administration of the comprehensive investment plan required in paragraph (6)(c) to a person the board determines to be qualified. Such person shall be compensated by the board. Directly or through such person, the board may contract with a private corporation or institution to provide such services as may be a part of the comprehensive investment plan or as may be deemed necessary or proper by the board or such person, including, but not limited to, providing consolidated billing, individual and collective recordkeeping and accountings, and asset purchase, control, and safekeeping.

(t)  Endorse insurance coverage written exclusively for the purpose of protecting advance payment contracts, and the purchasers and beneficiaries thereof, which may be issued in the form of a group life policy and which is exempt from the provisions of part V of chapter 627.

(u)  Solicit proposals and contract, pursuant to s. 287.057, for the services of a records administrator. The goals of the board in selecting a records administrator shall be to provide all purchasers with the most secure, well-diversified, and beneficially administered postsecondary education expense plan possible, to allow all qualified firms interested in providing such services equal consideration, and to provide such services to the state at no cost and to the purchasers at the lowest cost possible. Evaluations of proposals submitted pursuant to this paragraph shall include, but not be limited to, the following criteria:

1.  Fees and other costs charged to purchasers that affect account values or operational costs related to the program.

2.  Past experience in records administration and current ability to provide timely and accurate service in the areas of records administration, audit and reconciliation, plan communication, participant service, and complaint resolution.

3.  Sufficient staff and computer capability for the scope and level of service expected by the board.

4.  Financial history and current financial strength and capital adequacy to provide administrative services required by the board.

(v)  Establish other policies, procedures, and criteria to implement and administer the provisions of this section.

(w)  Adopt procedures to govern contract dispute proceedings between the board and its vendors.

(8)  QUALIFIED STATE TUITION PROGRAM STATUS.--Notwithstanding any other provision of this section, the board may adopt rules necessary to enable the program to retain its status as a "qualified state tuition program" in order to maintain its tax exempt status or other similar status of the program, purchasers, and qualified beneficiaries under the Internal Revenue Code of 1986, as defined in s. 220.03(1). The board shall inform purchasers of changes to the tax or securities status of contracts purchased through the program.

(9)  PREPAID COLLEGE PLANS.--At a minimum, the board shall make advance payment contracts available for two independent plans to be known as the community college plan and the university plan. The board may also make advance payment contracts available for a dormitory residence plan.

(a)1.  Through the community college plan, the advance payment contract shall provide prepaid registration fees for a specified number of undergraduate semester credit hours not to exceed the average number of hours required for the conference of an associate degree. The cost of participation in the community college plan shall be based primarily on the average current and projected registration fees within the Florida Community College System and the number of years expected to elapse between the purchase of the plan on behalf of a qualified beneficiary and the exercise of the benefits provided in the plan by such beneficiary. Qualified beneficiaries shall bear the cost of any laboratory fees associated with enrollment in specific courses. Each qualified beneficiary shall be classified as a resident for tuition purposes, pursuant to s. 240.1201, regardless of his or her actual legal residence.

2.  Effective July 1, 1998, the board may provide advance payment contracts for additional fees delineated in s. 240.35, not to exceed the average number of hours required for the conference of an associate degree, in conjunction with advance payment contracts for registration fees. The cost of purchasing such fees shall be based primarily on the average current and projected fees within the Florida Community College System and the number of years expected to elapse between the purchase of the plan on behalf of the beneficiary and the exercise of benefits provided in the plan by such beneficiary. Community college plan contracts purchased prior to July 1, 1998, shall be limited to the payment of registration fees as defined in subsection (2).

(b)1.  Through the university plan, the advance payment contract shall provide prepaid registration fees for a specified number of undergraduate semester credit hours not to exceed the average number of hours required for the conference of a baccalaureate degree. The cost of participation in the university plan shall be based primarily on the current and projected registration fees within the State University System and the number of years expected to elapse between the purchase of the plan on behalf of a qualified beneficiary and the exercise of the benefits provided in the plan by such beneficiary. Qualified beneficiaries shall bear the cost of any laboratory fees associated with enrollment in specific courses. Each qualified beneficiary shall be classified as a resident for tuition purposes pursuant to s. 240.1201, regardless of his or her actual legal residence.

2.  Effective July 1, 1998, the board may provide advance payment contracts for additional fees delineated in s. 240.235(1), for a specified number of undergraduate semester credit hours not to exceed the average number of hours required for the conference of a baccalaureate degree, in conjunction with advance payment contracts for registration fees. Such contracts shall provide prepaid coverage for the sum of such fees, to a maximum of 45 percent of the cost of registration fees. The costs of purchasing such fees shall be based primarily on the average current and projected cost of these fees within the State University System and the number of years expected to elapse between the purchase of the plan on behalf of the qualified beneficiary and the exercise of the benefits provided in the plan by such beneficiary. University plan contracts purchased prior to July 1, 1998, shall be limited to the payment of registration fees as defined in subsection (2).

(c)  Through the dormitory residence plan, the advance payment contract may provide prepaid housing fees for a maximum of 10 semesters of full-time undergraduate enrollment in a state university. Dormitory residence plans shall be purchased in increments of 2 semesters. The cost of participation in the dormitory residence plan shall be based primarily on the average current and projected housing fees within the State University System and the number of years expected to elapse between the purchase of the plan on behalf of a qualified beneficiary and the exercise of the benefits provided in the plan by such beneficiary. Qualified beneficiaries shall have the highest priority in the assignment of housing within university residence halls. Qualified beneficiaries shall bear the cost of any additional elective charges such as laundry service or long-distance telephone service. Each state university may specify the residence halls or other university-held residences eligible for inclusion in the plan. In addition, any state university may request immediate termination of a dormitory residence contract based on a violation or multiple violations of rules of the residence hall or other university-held residences. In the event that sufficient housing is not available for all qualified beneficiaries, the board shall refund the purchaser or qualified beneficiary an amount equal to the fees charged for dormitory residence during that semester. If a qualified beneficiary fails to be admitted to a state university or chooses to attend a community college that operates one or more dormitories or residency opportunities, or has one or more dormitories or residency opportunities operated by the community college direct-support organization, the qualified beneficiary may transfer or cause to have transferred to the community college, or community college direct-support organization, the fees associated with dormitory residence. Dormitory fees transferred to the community college or community college direct-support organization may not exceed the maximum fees charged for state university dormitory residence for the purposes of this section, or the fees charged for community college or community college direct-support organization dormitories or residency opportunities, whichever is less.

(10)  TRANSFER OF BENEFITS TO PRIVATE AND OUT-OF-STATE COLLEGES AND UNIVERSITIES.--

(a)  A qualified beneficiary may apply a community college plan, university plan, or dormitory residence plan toward any eligible independent college or university. An independent college or university which is located and chartered in Florida, is not for profit, is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools or the Accrediting Commission of the Association of Independent Colleges and Schools, and which confers degrees as defined in s. 246.021, shall be eligible for such application. The board shall transfer, or cause to have transferred, to the eligible independent college or university designated by the qualified beneficiary an amount not to exceed the redemption value of the advance payment contract within a state postsecondary institution. In the event that the cost of registration or housing fees at the independent college or university is less than the corresponding fees at a state postsecondary institution, the amount transferred shall not exceed the actual cost of registration or housing fees. No transfer authorized pursuant to this paragraph shall exceed the number of semester credit hours or semesters of dormitory residence contracted on behalf of a qualified beneficiary.

(b)  A qualified beneficiary may apply the benefits of an advance payment contract toward an eligible out-of-state college or university. An out-of-state college or university which is not for profit and is accredited by a regional accrediting association, and which confers baccalaureate degrees, shall be eligible for such application. The board shall transfer, or cause to have transferred, an amount not to exceed the redemption value of the advance payment contract or the original purchase price plus 5 percent compounded interest, whichever is less, after assessment of a reasonable transfer fee. In the event that the cost of registration or housing fees charged the qualified beneficiary at the eligible out-of-state college or university is less than this calculated amount, the amount transferred shall not exceed the actual cost of registration or housing fees. Any remaining amount shall be transferred in subsequent semesters until the transfer value is depleted. No transfer authorized pursuant to this paragraph shall exceed the number of semester credit hours or semesters of dormitory residence contracted on behalf of a qualified beneficiary.

(11)  ADVANCE PAYMENT CONTRACTS; CONTENTS.--The board shall construct advance payment contracts for registration and may construct advance payment contracts for dormitory residence as provided in this section. Advance payment contracts constructed for the purposes of this section shall be exempt from chapter 517 and the Florida Insurance Code. Such contracts shall include, but not be limited to, the following:

(a)  The amount of the payment or payments and the number of payments required from a purchaser on behalf of a qualified beneficiary.

(b)  The terms and conditions under which purchasers shall remit payments, including, but not limited to, the date or dates upon which each payment shall be due.

(c)  Provisions for late payment charges and for default.

(d)  Provisions for penalty fees for withdrawals from the fund.

(e)  Except for an advance payment contract entered into pursuant to subsection (22), the name and date of birth of the qualified beneficiary on whose behalf the contract is drawn and the terms and conditions under which another person may be substituted as the qualified beneficiary.

(f)  The name of any person who may terminate the contract. The terms of the contract shall specify whether the contract may be terminated by the purchaser, the qualified beneficiary, a specific designated person, or any combination of these persons.

(g)  The terms and conditions under which a contract may be terminated, modified, or converted, the name of the person entitled to any refund due as a result of termination of the contract pursuant to such terms and conditions, and the amount of refund, if any, due to the person so named.

(h)  The number of semester credit hours or semesters of dormitory residence contracted by the purchaser.

(i)  The state postsecondary system toward which the contracted credit hours or semesters of dormitory residence will be applied.

(j)  The assumption of a contractual obligation by the board to the qualified beneficiary to provide for a specified number of semester credit hours of undergraduate instruction at a state postsecondary institution, not to exceed the average number of credit hours required for the conference of the degree that corresponds to the plan purchased on behalf of the qualified beneficiary or to provide for a specified number of semesters of dormitory residence, not to exceed the number of semesters of full-time enrollment required for the conference of a baccalaureate degree.

(k)  Other terms and conditions deemed by the board to be necessary or proper.

(12)  DURATION OF BENEFITS; ADVANCE PAYMENT CONTRACT.--An advance payment contract may provide that contracts which have not been terminated or the benefits exercised within a specified period of time shall be considered terminated. Time expended by a qualified beneficiary as an active duty member of any of the armed services of the United States shall be added to the period of time specified pursuant to this subsection. No purchaser or qualified beneficiary whose advance payment contract is terminated pursuant to this subsection shall be entitled to a refund. The board shall retain any moneys paid by the purchaser for an advance payment contract that has been terminated in accordance with this subsection. Such moneys retained by the board are exempt from chapter 717, and such retained moneys must be used by the board to further the purposes of this section.

(13)  REFUNDS.--

(a)  Except as provided in paragraphs (b) and (c), no refund shall exceed the amount paid into the fund by the purchaser.

(b)  If the beneficiary is awarded a scholarship, the terms of which cover the benefits included in the advance payment contracts, moneys paid for the purchase of the advance payment contracts shall be returned to the purchaser in semester installments coinciding with the matriculation by the beneficiary in amounts of either the original purchase price plus 5 percent compounded interest, or the current rates at state postsecondary institutions, whichever is less.

(c)  In the event of the death or total disability of the beneficiary, moneys paid for the purchase of advance payment contracts shall be returned to the purchaser together with 5 percent compounded interest, or the current rates at state postsecondary institutions, whichever is less.

(d)  If an advance payment contract is converted from one registration plan to a plan of lesser value, the amount refunded shall not exceed the difference between the amount paid for the original contract and the amount that would have been paid for the contract to which the plan is converted had the converted plan been purchased under the same payment plan at the time the original advance payment contract was executed.

(e)  No refund shall be authorized through an advance payment contract for any school year partially attended but not completed. For purposes of this section, a school year partially attended but not completed shall mean any one semester whereby the student is still enrolled at the conclusion of the official drop-add period, but withdraws before the end of such semester. If a beneficiary does not complete a community college plan or university plan for reasons other than specified in paragraph (c), the purchaser shall receive a refund of the amount paid into the fund for the remaining unattended years of the advance payment contract pursuant to rules promulgated by the board.

(14)  CONFIDENTIALITY OF ACCOUNT INFORMATION.--Information that identifies the purchasers or beneficiaries of any plan promulgated under this section and their advance payment account activities is exempt from the provisions of s. 119.07(1). However, the board may authorize the program's records administrator to release such information to a community college, college, or university in which a beneficiary may enroll or is enrolled. Community colleges, colleges, and universities shall maintain such information as exempt from the provisions of s. 119.07(1).

(15)  OBLIGATIONS OF BOARD; PAYMENT.--The state shall agree to meet the obligations of the board to qualified beneficiaries if moneys in the fund fail to offset the obligations of the board. The Legislature shall appropriate to the Florida Prepaid College Trust Fund the amount necessary to meet the obligations of the board to qualified beneficiaries.

(16)  ASSETS OF THE FUND; EXPENDITURE PRIORITY.--The assets of the fund shall be maintained, invested, and expended solely for the purposes of this section and shall not be loaned, transferred, or otherwise used by the state for any purpose other than the purposes of this section. This subsection shall not be construed to prohibit the board from investing in, by purchase or otherwise, bonds, notes, or other obligations of the state or an agency or instrumentality of the state. Unless otherwise specified by the board, assets of the fund shall be expended in the following order of priority:

(a)  To make payments to state postsecondary institutions on behalf of qualified beneficiaries.

(b)  To make refunds upon termination of advance payment contracts.

(c)  To pay the costs of program administration and operations.

(17)  EXEMPTION FROM CLAIMS OF CREDITORS.--Moneys paid into or out of the fund by or on behalf of a purchaser or qualified beneficiary of an advance payment contract made under this section, which contract has not been terminated, are exempt, as provided by s. 222.22, from all claims of creditors of the purchaser or the beneficiary. Neither moneys paid into the program nor benefits accrued through the program may be pledged for the purpose of securing a loan.

(18)  PAYROLL DEDUCTION AUTHORITY.--The state or any state agency, county, municipality, or other political subdivision may, by contract or collective bargaining agreement, agree with any employee to remit payments toward advance payment contracts through payroll deductions made by the appropriate officer or officers of the state, state agency, county, municipality, or political subdivision. Such payments shall be held and administered in accordance with this section.

(19)  DISCLAIMER.--Nothing in this section shall be construed as a promise or guarantee that a qualified beneficiary will be admitted to a state postsecondary institution or to a particular state postsecondary institution, will be allowed to continue enrollment at a state postsecondary institution after admission, or will be graduated from a state postsecondary institution.

(20)  PROGRAM TERMINATION.--In the event that the state determines the program to be financially infeasible, the state may discontinue the provision of the program. Any qualified beneficiary who has been accepted by and is enrolled or is within 5 years of enrollment in an eligible independent college or university or state postsecondary institution shall be entitled to exercise the complete benefits for which he or she has contracted. All other contract holders shall receive a refund of the amount paid in and an additional amount in the nature of interest at a rate that corresponds, at a minimum, to the prevailing interest rates for savings accounts provided by banks and savings and loan associations.

(21)  ANNUAL REPORT.--The board shall annually prepare or cause to be prepared a report setting forth in appropriate detail an accounting of the fund and a description of the financial condition of the program at the close of each fiscal year. Such report shall be submitted to the President of the Senate, the Speaker of the House of Representatives, and members of the State Board of Education on or before March 31 each year. In addition, the board shall make the report available to purchasers of advance payment contracts. The board shall provide to the Board of Regents and the State Board of Community Colleges, by March 31 each year, complete advance payment contract sales information, including projected postsecondary enrollments of qualified beneficiaries. The accounts of the fund shall be subject to annual audits by the Auditor General or his or her designee.

(22)  DIRECT-SUPPORT ORGANIZATION; AUTHORITY.--

(a)  The board may establish a direct-support organization which is:

1.  A Florida corporation, not for profit, incorporated under the provisions of chapter 617 and approved by the Secretary of State.

2.  Organized and operated exclusively to receive, hold, invest, and administer property and to make expenditures to or for the benefit of the program.

3.  An organization which the board, after review, has certified to be operating in a manner consistent with the goals of the program and in the best interests of the state. Unless so certified, the organization may not use the name of the program.

4.  Subject to an annual postaudit by an independent certified public accountant in accordance with rules promulgated by the board. The annual audit shall be submitted to the State Board of Administration and the Auditor General for review. The State Board of Administration and Auditor General shall have the authority to require and receive from the organization or its independent auditor any detail or supplemental data relative to the operation of the organization. The identity of donors who desire to remain anonymous shall be confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, and such anonymity shall be maintained in the auditor's report. Information received by the organization that is otherwise confidential or exempt by law shall retain such status. Any sensitive, personal information regarding contract beneficiaries, including their identities, is exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(b)  The chair and the executive director of the board shall be directors of the direct-support organization and shall jointly name three other individuals to serve as directors of the organization.

History.--s. 1, ch. 87-132; s. 17, ch. 88-185; s. 2, ch. 88-303; s. 3, ch. 88-313; s. 1, ch. 89-316; s. 1, ch. 90-130; s. 32, ch. 90-268; s. 82, ch. 90-360; s. 18, ch. 91-55; s. 5, ch. 91-429; s. 1, ch. 92-124; s. 1, ch. 93-191; s. 1, ch. 94-200; s. 1, ch. 95-129; s. 831, ch. 95-148; s. 36, ch. 95-392; s. 1, ch. 96-262; s. 103, ch. 96-406; s. 1, ch. 97-282; s. 6, ch. 98-124; s. 49, ch. 98-421; s. 25, ch. 99-13.

240.552  Florida Prepaid Tuition Scholarship Program.--The Florida Prepaid Tuition Scholarship Program is hereby established with the intent to provide economically disadvantaged youth with prepaid postsecondary tuition scholarships. The direct-support organization established pursuant to s. 240.551 shall administer the program with the assistance and cooperation of the Department of Education to achieve the following objectives:

(1)  Provide an incentive for economically disadvantaged youth to improve school attendance and academic performance in order to graduate and pursue a postsecondary education.

(2)  Obtain the commitment and involvement of private sector entities by virtue of funding matches with a ratio of 50 percent provided by the private sector and 50 percent provided by the state.

(3)  Purchase prepaid tuition scholarships for students certified by the Department of Education to the direct-support organization who meet minimum economic and school requirements and remain drug free and crime free.

(a)  For the purpose of this subsection, "drug free" means not being convicted of, or adjudicated delinquent for, any violation of chapter 893 after being designated a recipient of a Florida prepaid tuition scholarship.

(b)  For the purpose of this subsection, "crime free" means not being convicted of, or adjudicated delinquent for, any felony or first degree misdemeanor as defined in ss. 775.08 and 775.081 after being designated a recipient of a Florida prepaid tuition scholarship.

History.--ss. 2, 3, ch. 90-130; s. 19, ch. 91-55; ss. 41, 42, ch. 91-201; s. 2, ch. 97-282.

240.553  Florida College Savings Program.--

(1)  LEGISLATIVE INTENT.--The Legislature recognizes that affordability and accessibility of higher education are essential to the welfare and well-being of the residents of the state and are a critical state interest. Promoting and enhancing financial access to postsecondary institutions serves a legitimate public purpose. Accordingly, as a supplement and alternative to existing programs that promote timely planning for postsecondary attendance, it is the intent of the Legislature to allow the Florida Prepaid College Board to establish a Florida College Savings Program to allow persons to make contributions to a trust account that is established for the purpose of meeting some or all of the qualified higher education expenses of a designated beneficiary, consistent with federal law authorizing such programs. There is not any guarantee by the state that such contributions, together with the investment return on such contributions, if any, will be adequate to pay for qualified higher education expenses. It is the intent of the Legislature that this program enable participants in the Florida College Savings Program to save for qualified higher education expenses. It is further the intent of the Legislature that this program provide a choice to persons who determine that the overall educational needs of their families are best suited to a savings program or who wish to save to meet postsecondary educational needs beyond the traditional 4-year curriculum. Finally, it is the intent of the Legislature that the program be conducted as a public-private partnership to maximize program efficiency and effectiveness.

(2)  DEFINITIONS.--As used in this section, the term:

(a)  "Benefactor" means any person making a deposit, payment, contribution, gift, or other expenditure to the trust.

(b)  "Board" means the Florida Prepaid College Board.

(c)  "Designated beneficiary" means:

1.  Any individual designated in the participation agreement;

2.  Any individual defined in s. 152(a)(1)-(8) of the Internal Revenue Code; or

3.  Any individual receiving a scholarship from interests in the program purchased by a state or local government or an organization described in s. 501(c)(3) of the Internal Revenue Code.

(d)  "Eligible educational institution" means an institution of higher education that qualifies under s. 529 of the Internal Revenue Code as an eligible educational institution.

(e)  "Internal Revenue Code" means the Internal Revenue Code of 1986, as defined in s. 220.03(1).

(f)  "Participation agreement" means an agreement between the board and a benefactor for participation in a savings plan for a designated beneficiary.

(g)  "Program" means the Florida College Savings Program.

(h)  "Qualified higher education expenses" means higher education expenses permitted under s. 529 of the Internal Revenue Code and required for the enrollment or attendance of a designated beneficiary at an eligible educational institution, including undergraduate and graduate schools, and any other higher education expenses that are permitted under s. 529 of the Internal Revenue Code.

(3)  FLORIDA COLLEGE SAVINGS PROGRAM; CREATION.--

(a)  The board is authorized to create and establish the Florida College Savings Program to promote and enhance the affordability and accessibility of higher education in the state. Such program shall enable persons to contribute funds that are combined and invested to pay the subsequent qualified higher education expenses of a designated beneficiary. The board shall administer the program and shall perform essential governmental functions, as provided in this section.

(b)  The amounts on deposit in the program shall remain therein and shall be available solely for carrying out the purposes of this section. Any contract entered into by or any obligation of the board on behalf of and for the benefit of the program does not constitute a debt or obligation of the state but is an obligation of the program. The state has no obligation to any designated beneficiary or any other person as a result of the program. The obligation of the program is limited solely to those amounts deposited in the program. All amounts obligated to be paid from the program are limited to amounts available for such obligation. The amounts on deposit in the program may only be disbursed in accordance with the provisions of this section. Each participation agreement must clearly state that the contract is only a debt or obligation of the program and is not otherwise a debt or obligation of the state.

(c)  The benefactor retains ownership of all amounts on deposit in his or her account with the program up to the date of distribution on behalf of a designated beneficiary. Earnings derived from investment of the contributions shall be considered to be held in trust in the same manner as contributions, except as applied for purposes of the designated beneficiary and for purposes of maintaining and administering the program as provided in this section. Nothing in this paragraph or in any other provision of this section permits any contributions or corresponding interest in the program to be used as security for a loan by a benefactor or designated beneficiary.

(d)  All amounts attributable to penalties shall be used for purposes of the program, and other amounts received other than contributions shall be properties of the program. Proceeds from penalties shall remain with the program and may be used for any costs or purposes of the program.

(e)  The board may not receive deposits in any form other than cash. A benefactor or designated beneficiary may not direct the investment of any contributions or amounts held in the program other than the specific fund options provided by the board, if any.

(f)  Appropriations, moneys acquired from other governmental or private sources, and moneys remitted in accordance with participation agreements, shall be deposited into the Florida Prepaid College Trust Fund in accordance with s. 240.551(4).

(g)  Deposits and contributions to the program, the property of the board, and the earnings on the college savings accounts are exempt from taxation.

(4)  PROGRAM ADMINISTRATION.--

(a)  The Florida College Savings Program shall be administered by the Florida Prepaid College Board as an agency of the state. The Florida Prepaid College Board has all the powers of a body corporate for the purposes delineated in this section.

(b)  The assets of the program shall be continuously invested and reinvested in a manner consistent with the purposes of the program, expended on expenses incurred by the operation and management of the program, or refunded to the benefactor or designated beneficiary under the conditions provided in the participation agreement. The board is not required to invest directly in obligations of the state or any political subdivision of the state or in any investment or other fund administered by the state.

(5)  FLORIDA COLLEGE SAVINGS PROGRAM; BOARD DUTIES.--The board shall:

(a)  Appoint an executive director to serve as the chief administrative and operational officer of the board and to perform other duties assigned to him or her by the board.

(b)  Receive and hold all payments, deposits, and contributions intended for the program, as well as gifts; bequests; endowments; federal, state, or local grants; any other public or private source of funds; and all earnings, until disbursed to pay qualified higher education expenses or refunds as authorized in this section.

(c)  Invest the contributions in a manner reasonable and appropriate to achieve the objectives of the program, exercising the discretion and care of a prudent person in similar circumstances with similar objectives. The board shall give due consideration to rate of return, risk, term of maturity, diversification of total portfolio within the program, liquidity, projected disbursements and expenditures, and expected payments, deposits, contributions, and gifts to be received. Moneys in the program are exempt from s. 215.20(1), state securities law, and the investment requirements of s. 18.10, but are subject to the investment restrictions contained in s. 215.472.

(d)  Solicit proposals and contract, pursuant to s. 287.057, for a trustee services firm to hold and maintain assets of the board in conjunction with the operations of product providers contracted under this section. Such firm may also provide for the short-term investment of the board's assets. In selecting a trustee services firm, the board shall seek to obtain the highest standards of professional trustee services, to allow all qualified firms interested in providing such services equal consideration, and to provide such services to the state at no cost and to the participants at the lowest cost possible. The trustee services firm shall agree to meet the obligations of the program to designated beneficiaries if money in the fund fails to offset the obligations of the program as a result of imprudent selection or supervision of short-term investments or in the event of the loss of securities by such firm. Evaluations of proposals submitted under this paragraph must include, but need not be limited to, the following criteria:

1.  Adequacy of trustee services to hold and maintain assets of the board, including current operations and staff organization and commitment of management to the proposal.

2.  Capability to execute program responsibilities within time and regulatory constraints.

3.  Past experience in trustee services and current ability to maintain regular and continuous interactions with the board and product provider.

4.  The minimum benefactor participation assumed within the proposal and any additional requirements of benefactors.

5.  Adequacy of technical assistance and services proposed for staff.

6.  Adequacy of a management system for evaluating and improving overall trustee services to the program.

7.  Adequacy of facilities, equipment, and electronic data processing services.

8.  Detailed projections of administrative costs, including the amount and type of insurance coverage, and detailed projections of total costs.

(e)  Solicit proposals and contract, pursuant to s. 287.057, for one or more investment consultants to advise the board regarding investment management and performance. In selecting investment consultants, the board shall seek to obtain the highest standards of investment consulting, to allow all qualified firms interested in providing such services equal consideration, and to provide such services to the state at no cost and to the participants at the lowest cost possible. The investment consultants shall agree to meet the obligations of the programs to designated beneficiaries if money in the fund fails to offset the obligations of the program as a result of imprudent supervision of the board's investments. Evaluations of proposals submitted under this paragraph must include, but need not be limited to, the following criteria:

1.  Capability to execute program responsibilities within time and regulatory constraints.

2.  Past experience in investment consulting and current ability to maintain regular and continuous interactions with the board and product providers.

3.  Adequacy of technical assistance and services proposed for staff.

4.  Detailed projections of administrative costs.

(f)  Solicit proposals and contract, pursuant to s. 287.057, for product providers to develop investment portfolios on behalf of the board to achieve the purposes of this section. Product providers shall be limited to authorized insurers as defined in s. 624.09, banks as defined in s. 658.12, associations as defined in s. 665.012, authorized Securities and Exchange Commission investment advisers, and investment companies as defined in the Investment Company Act of 1940. All product providers must have their principal place of business and corporate charter located and registered in the United States. Each product provider must agree to meet the obligations of the program to designated beneficiaries if moneys in the fund fail to offset the obligations of the program as a result of imprudent investing by such provider. Each authorized insurer must evidence superior performance overall on an acceptable level of surety in meeting its obligations to its policyholders and other contractual obligations. Only qualified public depositories approved by the State Insurance Commissioner and Treasurer are eligible for consideration. Each investment company must provide investment plans as specified within the request for proposals. In selecting a product provider, the board shall seek to provide all participants with the most secure, well-diversified, and beneficially administered college savings plan possible, to allow all qualified firms interested in providing such services equal consideration, and to provide such services to participants at the lowest cost possible. Evaluations of proposals submitted under this paragraph must include, but need not be limited to, the following criteria:

1.  Fees and other costs charged to participants which affect account values or operational costs related to the program.

2.  Past and current investment performance, including investment and interest rate history, guaranteed minimum rates of interest, consistency of investment performance, and any terms and conditions under which moneys are held.

3.  Past experience and ability to provide timely and accurate service in the areas of benefit payments, investment management, and complaint resolution.

4.  Financial history and current financial strength and capital adequacy to provide products, including operating procedures and other methods of protecting program assets.

(g)  Establish an investment plan for the purposes of this section with the approval of the State Board of Administration. The investment plan must specify the investment policies to be used by the board in its administration of the program. The board may place assets of the program in savings accounts or purchase fixed or variable life insurance or annuity contracts, securities, evidence of indebtedness, or other investment products pursuant to the investment plan and in the proportions that are designated or approved under the investment plan. The insurance, annuity, savings, or investment products must be underwritten and offered in compliance with the applicable federal and state laws and rules by persons who are duly authorized by applicable federal and state authorities. Within the investment plan, the board may authorize investment vehicles, or products incident thereto, as are available or offered by qualified companies or persons. A benefactor may not direct the investment of his or her contribution to the program and a designated beneficiary may not direct the contribution made on his or her behalf to the program. Board members and employees of the board are not prohibited from participating in the program by virtue of their fiduciary responsibilities as members of the board or official duties as employees of the board.

(h)  Administer the program in a manner that is sufficiently actuarially sound to defray the obligations of the trust. The board shall annually evaluate or cause to be evaluated the actuarial soundness of the trust.

(i)  Establish adequate safeguards to prevent contributions on behalf of a designated beneficiary in excess of those necessary to provide for the qualified higher education expenses of the beneficiary.

(j)  Maintain separate accounts for each designated beneficiary and establish other accounts within the program as necessary to appropriately account for all funds held in the program.

(6)  FLORIDA COLLEGE SAVINGS PROGRAM; BOARD POWERS.--The board shall have the powers necessary or proper to carry out the provisions of this section, including, but not limited to, the power to:

(a)  Adopt an official seal and rules.

(b)  Sue and be sued.

(c)  Make and execute contracts and other necessary instruments.

(d)  Establish agreements or other transactions with federal, state, and local agencies, including state universities and community colleges.

(e)  Invest funds not required for immediate disbursement.

(f)  Appear in its own behalf before boards, commissions, or other governmental agencies.

(g)  Hold, buy, and sell any instruments, obligations, securities, and property determined appropriate by the board.

(h)  Require a reasonable length of state residence for qualified beneficiaries.

(i)  Segregate contributions and payments to the fund into various accounts and funds.

(j)  Contract for necessary goods and services; employ necessary personnel; and engage the services of private consultants, actuaries, managers, legal counsel, and auditors for administrative or technical assistance.

(k)  Solicit and accept gifts, grants, loans, and other aids from any source or participate in any other way in any government program to carry out the purposes of this section.

(l)  Require and collect administrative fees and charges in connection with any transaction and impose reasonable penalties, including default, for delinquent payments or for entering into a participation agreement on a fraudulent basis.

(m)  Procure insurance against any loss in connection with the property, assets, and activities of the program or the board.

(n)  Impose reasonable time limits on use of the benefits provided by the program; however, any such limitation must be specified within the participation agreement.

(o)  Delineate the terms and conditions under which contributions may be withdrawn from the fund and impose reasonable fees and charges for such withdrawal. Such terms and conditions must be specified within the participation agreement.

(p)  Provide for the receipt of contributions in lump sums or installments.

(q)  Require that benefactors verify, under oath, any requests for conversions, substitutions, transfers, cancellations, refunds, or other changes to a participation agreement. Verification must be accomplished as authorized and provided for in s. 92.525(1)(a).

(r)  Delegate responsibility for administering the investment plan required in paragraph (5)(g) to a person the board determines to be qualified. Such person shall be compensated by the board. Directly or through such person, the board may contract with a private corporation or institution to provide the services that are a part of the investment plan or that are deemed necessary or proper by the board or such person, including, but not limited to, providing for consolidated billing; individual and collective recordkeeping and accountings; and the purchase, control, and safekeeping of assets.

(s)  Endorse insurance coverage written exclusively for program participants which may be issued in the form of a group life policy and which is exempt from part V of chapter 627.

(t)  Solicit proposals and contract, pursuant to s. 287.057, for the services of a records administrator. The goals of the board in selecting a records administrator shall be to provide all participants with the most secure, well-diversified, and beneficially administered postsecondary education expense plan possible, to allow all qualified firms interested in providing such services equal consideration, and to provide such services to the state at no cost and to participants at the lowest cost possible. Evaluations of proposals submitted under this paragraph must include, but need not be limited to, the following criteria:

1.  Fees and other costs charged to purchasers which affect account values or operational costs related to the program.

2.  Past experience in records administration and current ability to provide timely and accurate service in the areas of records administration, audit and reconciliation, plan communication, participant service, and complaint resolution.

3.  Sufficient staff and computer capability for the scope and level of service expected by the board.

4.  Financial history and current financial strength and capital adequacy to provide administrative services required by the board.

(u)  Solicit proposals and contract, pursuant to s. 287.057, for the marketing of the Florida College Savings Program. Any materials produced for the purpose of marketing the program must be submitted to the board for review. Such materials may not be made available to the public before the materials are approved by the board. An educational institution may distribute marketing materials produced for the program; however, all such materials must be approved by the board prior to distribution. Neither the state nor the board is liable for misrepresentation by a marketing agent.

(v)  Establish other policies, procedures, and criteria to implement and administer the provisions of this section.

(7)  "QUALIFIED STATE TUITION PROGRAM" STATUS.--Notwithstanding any other provision of this section, the board may adopt rules necessary to enable the program to obtain and retain status as a "qualified state tuition program" for federal tax purposes under the Internal Revenue Code of 1986, as defined in s. 220.03(1). The board shall inform participants of changes to the tax or securities status of participation agreements.

(8)  PARTICIPATION AGREEMENTS.--

(a)  A participation agreement may be freely amended throughout its term in order to enable the benefactor to increase or decrease the level of participation, change designated beneficiaries, and carry out similar matters permitted by this section and the Internal Revenue Code. A participation agreement may provide for periodic deposits by the benefactor.

(b)  Deposits to the program by benefactors may only be in cash. Benefactors may contribute in a lump sum, in installments, or through electronic funds transfer or employer payroll deductions.

(c)  The board may establish plans to permit benefactors to prepay the qualified higher education expenses associated with enrollment in state public and private colleges or universities and may establish a procedure to permit account contributions in excess of such projected expenses. The board shall prescribe by rule the methodology and information sources that shall be used to determine the projected costs of qualified higher education expenses for designated beneficiaries of prescribed ages. Decisions by the board regarding the need for excess account contributions are subject to chapter 120.

(d)  The board shall establish consistent provisions for each participation agreement, including, but not limited to:

1.  The name, date of birth, and social security number of the designated beneficiary. For newborns, the social security number must be provided within 6 months after the date the participation agreement is submitted.

2.  The amount of the contribution or contributions and number of contributions required from a benefactor on behalf of a designated beneficiary.

3.  The terms and conditions under which benefactors shall remit contributions, including, but not limited to, the date or dates upon which each contribution is due.

4.  Provisions for late contribution charges and for default.

5.  Provisions for penalty fees for withdrawals from the program.

6.  The name of the person who may terminate participation in the program. The participation agreement must specify whether the account may be terminated by the benefactor, the designated beneficiary, a specific designated person, or any combination of these persons.

7.  The terms and conditions under which an account may be terminated, modified, or converted, the name of the person entitled to any refund due as a result of termination of the account pursuant to such terms and conditions, and the amount of refund, if any, due to the person so named.

8.  Penalties for distributions not used or made in accordance with s. 529 of the Internal Revenue Code.

9.  Any charges or fees in connection with the administration of the trust.

10.  Other terms and conditions deemed by the board to be necessary or proper.

(e)  Each participation agreement must clearly state that participation in the program does not guarantee that sufficient funds will be available to cover all qualified higher education expenses for any designated beneficiary.

(f)  Each participation agreement must clearly state that participation in the program does not guarantee admission to or continued enrollment at an eligible educational institution.

(9)  DURATION OF PARTICIPATION AGREEMENT.--The board shall specify a period of time after which each participation agreement shall be considered to be terminated. Upon termination of an agreement, the balance of the account, after notice to the benefactor, shall be declared unclaimed and abandoned property and subject to disposition as such under chapter 717. Time expended by a designated beneficiary as an active duty member of any of the armed services of the United States shall be added to the period specified pursuant to this subsection.

(10)  DISTRIBUTIONS FOR QUALIFIED HIGHER EDUCATION EXPENSES.--

(a)  The board shall establish requirements and procedures for beneficiaries to realize the benefits of participation agreements. In establishing such requirements and procedures, the board shall make distributions in as efficient and expeditious manner as is prudent and possible.

(b)  Each distribution of benefits from a participation agreement shall consist of a pro rata distribution of contributions and investment earnings or investment losses and shall be consistent with the regulations of the United States Treasury Department or Internal Revenue Service.

(c)  All distributions made during a taxable year shall be treated as one distribution.

(d)  Distributions from accounts that lack a valid social security number are subject to penalties and withholding taxes at the time of distribution.

(11)  REFUNDS.--

(a)  A benefactor may request a refund of the principal amount of his or her contributions, plus actual investment earnings or minus actual investment losses on the contributions, less any applicable penalty, and less any amounts used to provide benefits to the designated beneficiary.

(b)  Notwithstanding paragraph (a), a penalty may not be levied if a benefactor requests a refund from the program due to:

1.  Death of the beneficiary.

2.  Total disability of the beneficiary.

3.  Scholarship, allowance, or payment received by the beneficiary to the extent that the amount of the refund does not exceed the amount of the scholarship, allowance, or payment in accordance with federal law.

(c)  If a benefactor requests a refund of funds contributed to the program for any cause other than those listed in paragraph (b), there shall be imposed a penalty of 10 percent of the earnings of the account and any applicable taxes, or the penalty prescribed in the Internal Revenue Code or by rule of the Internal Revenue Service. Earnings shall be calculated as the total value of the participation agreement, less the aggregate contributions, or in the manner prescribed in the Internal Revenue Code or by rule of the Internal Revenue Service.

(12)  MATERIAL MISREPRESENTATION; PENALTY.--If the benefactor or the designated beneficiary makes any material misrepresentation in the application for a participation agreement or in any communication with the board regarding the program, especially regarding the withdrawal or distribution of funds therefrom, the account may be involuntarily liquidated by the board. If the account is so liquidated, the benefactor is entitled to a refund, subject to a 10-percent penalty or the amount required by the Internal Revenue Code.

(13)  ASSETS OF THE FUND; EXPENDITURE PRIORITY.--The assets of the fund shall be maintained, invested, and expended solely for the purposes of this section and may not be loaned, transferred, or otherwise used by the state for any purpose other than the purposes of this section. This subsection does not prohibit the board from investing in, by purchase or otherwise, bonds, notes, or other obligations of the state or an agency or instrumentality of the state. Unless otherwise specified by the board, assets of the fund shall be expended in the following order of priority:

(a)  To make payments on behalf of designated beneficiaries.

(b)  To make refunds upon termination of participation in the program.

(c)  To pay the costs of program administration and operations.

(14)  EXEMPTION FROM CLAIMS OF CREDITORS.--Moneys paid into or out of the program by or on behalf of a benefactor or designated beneficiary of a participation agreement whose account has not been terminated, are exempt, as provided by s. 222.22, from all claims of creditors of the benefactor or the designated beneficiary.

(15)  PAYROLL DEDUCTION AUTHORITY.--The state or any state agency, county, municipality, or other political subdivision may, by contract or collective bargaining agreement, agree with any employee to remit payments toward participation agreements through payroll deductions made by the appropriate officer or officers of the state, state agency, county, municipality, or political subdivision. Such payments shall be held and administered in accordance with this section.

(16)  DISCLAIMER.--This section or any participation agreement does not constitute, and may not be deemed to constitute, an agreement, pledge, promise, or guarantee of admission or continued enrollment of any designated beneficiary or any other person to or in any eligible educational institution.

(17)  PROGRAM TERMINATION.--The program shall continue in existence until its existence is terminated by law. Upon termination of the program, all deposits shall be returned to benefactors, to the extent possible, and any unclaimed assets in the program shall revert to the state in accordance with general law regarding unclaimed property. If the state determines that the program is financially infeasible, the state may discontinue the program.

(18)  STATE PLEDGE.--The state pledges to benefactors and designated beneficiaries of the program that the state will not limit or alter the rights under this section which are vested in the program until such obligations are met and discharged. However, this subsection does not preclude such limitation if adequate provision is made by law for the protection of the benefactors and designated beneficiaries pursuant to the obligations of the board, and, if the state or the board determines that the program is not financially feasible, the state or the board may discontinue the program. If the program is discontinued, the board shall refund to benefactors their contributions to the program, plus any investment earnings or minus any investment losses. The board, on behalf of the state, may include this pledge and undertaking by the state in participation agreements.

(19)  ANNUAL REPORT.--On or before March 31 each year, the board shall prepare, or cause to be prepared, a report setting forth in appropriate detail an accounting of the program and a description of the financial condition of the program at the close of the fiscal year. The board shall submit a copy of the report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the minority leaders of the House and Senate and shall make the report available to each benefactor and designated beneficiary. The accounts of the fund are subject to annual audits by the Auditor General or his or her designee.

(20)  PROGRAM IMPLEMENTATION RESTRICTIONS.--Implementation of the program may not begin until the board has received the following:

(a)  A favorable written and unqualified opinion from counsel specializing in federal tax matters indicating that the program constitutes a qualified state tuition program under s. 529 of the Internal Revenue Code;

(b)  A written and unqualified opinion from a qualified member of the United States Patent Bar indicating that the implementation of the program or the operation of the program will not infringe upon any patent or copyright;

(c)  A written and unqualified opinion of qualified counsel specializing in federal securities law that the program and the offering of participation in the program are not subject to federal securities law; and

(d)  A written and unqualified opinion from the board's litigation counsel indicating that the implementation or operation of the program will not adversely impact any pending litigation against the board.

History.--s. 1, ch. 99-220.

240.6045  Limited access competitive grant program.--

(1)  There is established a limited access competitive grant program which shall be administered by the Department of Education. The purpose of the program is to provide enrollment opportunities for qualified applicants in selected limited access programs or equivalent academic tracks.

(2)  The Postsecondary Education Planning Commission shall annually identify for the State Board of Education selected high priority employment fields that are designated programs that require a baccalaureate degree and for which one or more state universities have insufficient capacity to serve all qualified applicants.

(3)  Program applicants must be Florida residents, either community college graduates or state university students, who are qualified for admission to a selected independent college or university program directly related to a high priority employment field identified by the State Board of Education.

(4)  A limited access competitive grant may be awarded which equals 50 percent of the cost to the state per academic year of funding an undergraduate student in public postsecondary education if the recipient chooses to enroll in a comparable program provided by an eligible independent college or university in Florida. Eligible independent institutions shall be designated by the Department of Education and shall be selected from among institutions accredited by the Commission on Colleges of the Southern Association of Colleges and Schools. Priority shall be given to state residents who graduate from a Florida high school or community college.

(5)  The admissions and graduation requirements of the receiving independent college or university shall apply to the grant recipient.

(6)  The State Board of Education shall adopt any rules necessary for the implementation of this grant program.

(7)  The Postsecondary Education Planning Commission, in consultation with the Board of Regents, the State Board of Community Colleges, the Independent Colleges and Universities of Florida, and the State Board of Education, shall recommend to the Legislature an accountability process for the limited access competitive grant program. The process shall make use of existing information submitted by the respective system in conjunction with the establishment of the program. The process shall demonstrate an emphasis on assessment of the benefits and cost-effectiveness of the limited access competitive grant program in providing state residents with uninterrupted access to their major field of study leading to the successful completion of a baccalaureate degree in the shortest time possible. The Legislature shall provide oversight of this accountability process.

History.--s. 17, ch. 95-243; s. 28, ch. 95-392; s. 15, ch. 97-169; s. 31, ch. 97-246.

240.605  The William L. Boyd, IV, Florida resident access grants.--

(1)  The Legislature finds and declares that independent nonprofit colleges and universities eligible to participate in the William L. Boyd, IV, Florida Resident Access Grant Program are an integral part of the higher education system in this state and that a significant number of state residents choose this form of higher education. The Legislature further finds that a strong and viable system of independent nonprofit colleges and universities reduces the tax burden on the citizens of the state. Because the William L. Boyd, IV, Florida Resident Access Grant Program is not related to a student's financial need or other criteria upon which financial aid programs are based, it is the intent of the Legislature that the William L. Boyd, IV, Florida Resident Access Grant Program not be considered a financial aid program but rather a tuition assistance program for its citizens.

(2)  The William L. Boyd, IV, Florida Resident Access Grant Program shall be administered by the Department of Education. The State Board of Education shall adopt rules for the administration of the program.

(3)  The department shall issue through the program a William L. Boyd, IV, Florida resident access grant to any full-time degree-seeking undergraduate student registered at an independent nonprofit college or university which is located in and chartered by the state; which is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools; which grants baccalaureate degrees; which is not a state university or state community college; and which has a secular purpose, so long as the receipt of state aid by students at the institution would not have the primary effect of advancing or impeding religion or result in an excessive entanglement between the state and any religious sect. Any independent college or university that was eligible to receive tuition vouchers on January 1, 1989, and which continues to meet the criteria under which its eligibility was established, shall remain eligible to receive William L. Boyd, IV, Florida resident access grant payments.

(4)  A person is eligible to receive such William L. Boyd, IV, Florida resident access grant if:

(a)  He or she meets the general requirements, including residency, for student eligibility as provided in s. 240.404, except as otherwise provided in this section; and

(b)1.  He or she is enrolled as a full-time undergraduate student at an eligible college or university;

2.  He or she is not enrolled in a program of study leading to a degree in theology or divinity; and

3.  He or she is making satisfactory academic progress as defined by the college or university in which he or she is enrolled.

(5)(a)  Funding for the William L. Boyd, IV, Florida Resident Access Grant Program shall be based on a formula composed of planned enrollment and the state cost of funding undergraduate enrollment at public institutions pursuant to s. 240.271. However, the amount of the William L. Boyd, IV, Florida resident access grant issued to a full-time student shall be 30 percent in 1996-1997, 35 percent in 1997-1998, and 40 percent in 1998-1999 and thereafter of the full cost to the state per academic year of an undergraduate student in public postsecondary education established pursuant to s. 240.209 or an amount as specified in the General Appropriations Act. The William L. Boyd, IV, Florida resident access grant may be paid on a prorated basis in advance of the registration period. The department shall make such payments to the college or university in which the student is enrolled for credit to the student's account for payment of tuition and fees. Institutions shall certify to the department the amount of funds disbursed to each student and shall remit to the department any undisbursed advances or refunds within 60 days of the end of regular registration. Students shall not be eligible to receive the award for more than 9 semesters or 14 quarters, except as otherwise provided in s. 240.404(3).

(b)  If the combined amount of the William L. Boyd, IV, Florida resident access grant issued pursuant to this act and all other scholarships and grants for tuition or fees exceeds the amount charged to the student for tuition and fees, the department shall reduce the William L. Boyd, IV, Florida resident access grant issued pursuant to this act by an amount equal to such excess.

History.--s. 67, ch. 79-222; s. 41, ch. 82-241; s. 1, ch. 83-291; s. 4, ch. 89-207; s. 7, ch. 89-367; s. 29, ch. 91-55; s. 32, ch. 94-230; s. 832, ch. 95-148; s. 18, ch. 95-243; s. 33, ch. 95-376; s. 29, ch. 95-392; s. 28, ch. 95-430; s. 16, ch. 96-420; s. 10, ch. 97-246; s. 9, ch. 98-71; s. 14, ch. 98-398; s. 8, ch. 99-4.

Note.--Former s. 240.401.

240.6054  Ethics in Business scholarships.--When the Department of Insurance receives a $6 million settlement as specified in the Consent Order of the Treasurer and Insurance Commissioner, case number 18900-96-c, that portion of the $6 million not used to satisfy the requirements of section 18 of the Consent Order must be transferred from the Insurance Commissioner's Regulatory Trust Fund to the State Student Financial Assistance Trust Fund is appropriated from the State Student Financial Assistance Trust Fund to provide Ethics in Business scholarships to students enrolled in public community colleges and independent postsecondary education institutions eligible to participate in the William L. Boyd, IV, Florida Resident Access Grant Program under s. 240.605. The funds shall be allocated to institutions for scholarships in the following ratio: Two-thirds for community colleges and one-third for eligible independent institutions. The Department of Education shall administer the scholarship program for students attending community colleges and independent institutions. These funds must be allocated to institutions that provide an equal amount of matching funds generated by private donors for the purpose of providing Ethics in Business scholarships. Public funds may not be used to provide the match, nor may funds collected for other purposes. Notwithstanding any other provision of law, the State Board of Administration shall have the authority to invest the funds appropriated under this section. The Department of Education may adopt rules for administration of the program.

History.--s. 3, ch. 97-381; s. 21, ch. 98-65; s. 26, ch. 99-13.

240.6055  Access grants for community college graduates.--

(1)  The Legislature finds and declares that there exist severe limitations on access to State University System courses and programs for graduates of Florida community colleges; that accredited baccalaureate-degree-granting independent nonprofit colleges and universities are an integral part of the higher education system in this state; that there exist significant numbers of upper-division spaces in such institutions; that the burdens on public colleges and universities would be lessened if community college graduates had the ability to utilize such institutions for completion of their baccalaureate degrees; and that creation of a state program to provide access grants for community college graduates would further the improvement of the overall educational system in the state.

(2)  There is created the Access Grant Fund for Community College Graduates to be administered by the Department of Education. The State Board of Education shall adopt rules for the administration of such fund.

(3)  Effective with the 1994-1995 academic year, the department shall issue from the fund an access grant to any full-time degree-seeking undergraduate student who has received an associate in arts degree from a Florida community college and who is registered at an eligible independent nonprofit college or university. An eligible independent nonprofit college or university is one which has signed an articulation agreement with the State Board of Community Colleges, which is located in and chartered by the state, which is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools, which grants baccalaureate degrees, which is not a state university or state community college, and which has a secular purpose.

(4)  A person is eligible to receive an access grant if:

(a)  He or she meets the general requirements, including residency, for student eligibility as provided in s. 240.404, except as otherwise provided in this section.

(b)1.  He or she is enrolled as a full-time undergraduate student at an eligible independent nonprofit college or university.

2.  He or she is not enrolled in a program of study leading to a degree in theology or divinity.

3.  He or she is making satisfactory academic progress as defined in the college or university in which he or she is enrolled.

(c)  Application for the access grant is made during the student's first term of enrollment at the eligible independent college or university.

(5)(a)  In the absence of specifications to the contrary in an appropriations act, the amount of the access grant issued to a full-time student shall be for the amount of demonstrated unmet need, but shall not, in combination with other state-funded private tuition assistance, exceed 50 percent of the full cost to the state per academic year of an undergraduate student in public postsecondary education established pursuant to s. 240.209. The access grant may be paid on a prorated basis in advance of the registration period. The department shall make such payments to the college or university in which the student is enrolled for credit to the student's account for payment of tuition and fees. Institutions shall certify to the department the amount of funds disbursed to each student and shall remit to the department any undisbursed advances or refunds within 60 days of the end of regular registration. Students shall not be eligible to receive the award for more than 5 semesters or 7 quarters.

(b)  The priority in the distribution of access grants shall be on the basis of the lowest family contribution as calculated under the congressional methodology for Title IV of the Higher Education Act. The access grant is intended to supplement other awards to the student.

History.--s. 3, ch. 93-191; s. 79, ch. 95-148.

240.606  Florida Work Experience Program.--

(1)  There is established the Florida Work Experience Program to be administered by the Department of Education. The purpose of the program is to introduce eligible students to work experience that will complement and reinforce their educational program and career goals and provide a self-help student aid program. Such program shall be available to:

(a)  Any student attending a state university or community college authorized by Florida law; or

(b)  Any student attending a nonprofit Florida postsecondary education institution that is eligible to participate in either of the student assistance grant programs established in ss. 240.4095 and 240.4097.

(2)(a)  A participating institution may use up to 25 percent of its program allocation for student employment within the institution.

(b)  A participating institution may use up to 10 percent of its program allocation for program administration.

(3)  Each participating institution is authorized to enter into contractual agreements with private or public employers for the purpose of establishing a Florida work experience program.

(4)  The participating postsecondary educational institution shall be responsible for reimbursing employers for student wages from moneys it receives from the trust fund pursuant to subsection (8). Public elementary or secondary school employers shall be reimbursed for 100 percent of the student's wages by the participating institution. All other employers shall be reimbursed for 70 percent of the student's wages. When a college or university employs a student on campus through this program, other student financial aid funds may not be used to fund the institution's 30-percent portion of the student's wages.

(5)  The employer is responsible for furnishing the full cost of any mandatory benefits. Such benefits may not be considered part of the 30-percent wage requirement total for matching purposes.

(6)  A student is eligible to participate in the Florida Work Experience Program if the student:

(a)  Is enrolled at an eligible college or university as no less than a half-time undergraduate student in good standing. However, a student may be employed during the break between two consecutive terms or employed, although not enrolled, during a term if the student was enrolled at least half time during the preceding term and preregisters as no less than a half-time student for the subsequent academic term. A student who attends an institution that does not provide preregistration shall provide documentation of intent to enroll as no less than a half-time student for the subsequent academic term.

(b)  Meets the general requirements for student eligibility as provided in s. 240.404, except as otherwise provided in this section.

(c)  Demonstrates financial need.

(d)  Maintains a 2.0 cumulative grade point average on a 4.0 scale for all college work.

(7)  The Department of Education shall prescribe such rules for the program as are necessary for its administration, for the determination of eligibility and selection of institutions to receive funds for students, to ensure the proper expenditure of funds, and to provide an equitable distribution of funds between students at public and independent colleges and universities.

(8)  Funds appropriated by the Legislature for the Florida Work Experience Program shall be deposited in the State Student Financial Assistance Trust Fund. The Comptroller shall authorize expenditures from the trust fund upon receipt of vouchers approved by the Department of Education. Any balance therein at the end of any fiscal year that has been allocated to the program shall remain therein and shall be available for carrying out the purposes of the program.

History.--s. 13, ch. 92-144; s. 17, ch. 94-310; s. 9, ch. 95-376; s. 16, ch. 97-169.

240.607  Articulation agreements.--The Division of Community Colleges may develop and sign, either collectively or individually, articulation agreements with any independent nonprofit college or university which is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools.

History.--s. 17, ch. 92-321.

240.6071  Occupational therapist or physical therapist critical shortage program; definitions.--For the purposes of ss. 240.6071-240.6075:

(1)  "Critical shortage area" applies to licensed occupational therapists and physical therapists and occupational therapy assistants and physical therapist assistants employed by the public schools of this state.

(2)  "Therapist" means occupational therapist or physical therapist.

History.--s. 18, ch. 92-144.

240.6072  Occupational therapist or physical therapist critical shortage program; establishment.--

(1)  The occupational therapist or physical therapist critical shortage program is established in the Department of Education for the purpose of attracting capable and promising applicants in the occupational therapy or physical therapy profession to employment in the public schools of this state. The program shall include the Critical Occupational Therapist or Physical Therapist Shortage Student Loan Forgiveness Program, the Critical Occupational Therapist or Physical Therapist Shortage Scholarship Loan Program, and the Critical Occupational Therapist or Physical Therapist Shortage Tuition Reimbursement Program.

(2)  Funds appropriated by the Legislature for the program shall be deposited in the State Student Financial Assistance Trust Fund. Any balance in the trust fund at the end of any fiscal year that has been allocated to the program shall remain therein and shall be available for carrying out the purposes of this section. Funds contained in the trust fund for the program shall be used for the programs specified in subsection (1) for those licensed therapists and therapy assistants employed by the public schools of this state.

(3)  The State Board of Education shall annually review the designation of critical shortage areas and shall adopt rules necessary for the implementation of the program.

History.--s. 17, ch. 92-144; s. 26, ch. 95-376.

240.6073  Critical Occupational Therapist or Physical Therapist Shortage Student Loan Forgiveness Program.--

(1)  There is established the Critical Occupational Therapist or Physical Therapist Shortage Student Loan Forgiveness Program. The primary function of the program is to make repayments toward loans received by students from institutions for the support of postsecondary study of occupational therapy or physical therapy. Repayments shall be made to qualified applicants who initiate employment in the public schools of this state and who apply during their first year of employment in a public school setting.

(2)  From the funds available, the Department of Education is authorized to make loan principal repayments as follows:

(a)  Up to $2,500 a year for up to 4 years on behalf of selected graduates of accredited undergraduate postsecondary occupational therapist or physical therapist preparation programs.

(b)  Up to $2,500 a year for up to 2 years on behalf of selected graduates of accredited undergraduate postsecondary occupational therapy or physical therapist assistant preparation programs.

(c)  Up to $5,000 a year for up to 2 years on behalf of selected graduates of accredited postbaccalaureate entry level occupational therapist or physical therapist preparation programs.

(d)  All repayments shall be contingent on continued proof of employment for 3 years as a therapist or therapy assistant by the public schools in this state and shall be made directly to the holder of the loan. The state shall not bear the responsibility for the collection of any interest charges or other remaining balance. In the event that a critical shortage is no longer verified, a therapist or therapy assistant shall continue to be eligible for loan forgiveness as long as the therapist or therapy assistant continues to be employed by the public schools of this state and otherwise meets all conditions of eligibility.

(3)  Recipients under this program shall not be eligible to participate in the Critical Occupational Therapist or Physical Therapist Shortage Scholarship Loan Program or the Critical Occupational Therapist or Physical Therapist Shortage Tuition Reimbursement Program.

(4)  This section shall be implemented only to the extent as specifically funded by law.

History.--s. 19, ch. 92-144.

240.6074  Critical Occupational Therapist or Physical Therapist Shortage Scholarship Loan Program.--

(1)  There is established the Critical Occupational Therapist or Physical Therapist Shortage Scholarship Loan Program.

(2)  To be eligible, a candidate shall:

(a)  Be a full-time student in a therapy assistant program or in the upper division or higher level in an occupational therapist or physical therapist educational program. Occupational therapist and occupational therapy assistant programs must be accredited by the American Medical Association in collaboration with the American Occupational Therapy Association. Physical therapist and physical therapist assistant programs must be accredited by the American Physical Therapy Association.

(b)  Have declared an intention to be employed by the public schools of this state for 3 years following completion of the requirements. In the event critical shortage areas are changed by the State Board of Education, a student shall continue to be eligible for an award as long as the student continues in the therapist educational program for which the initial award was made and the student otherwise meets all other conditions of eligibility.

(c)  Meet the general requirements for student eligibility as provided in s. 240.404, except as otherwise provided in this section.

(d)  Maintain a grade point average of 2.0 on a 4.0 scale for undergraduate college work or a grade point average of 3.0 on a 4.0 scale for graduate college work.

(3)  A scholarship loan may be awarded for no more than 2 years and may not exceed $4,000 a year.

(4)  The State Board of Education shall adopt by rule repayment schedules and applicable interest rates under ss. 240.451 and 240.465. A scholarship loan must be paid back within 10 years of completion of a program of studies.

(a)  Credit for repayment of a scholarship loan shall be in an amount not to exceed $2,000 plus applicable accrued interest for each full year of employment by the public schools of this state.

(b)  Any therapist or therapy assistant who fails to be employed by a public school in this state as specified in this subsection is responsible for repaying the loan plus interest. Repayment schedules and applicable interest rates shall be determined by the rules of the State Board of Education under ss. 240.451 and 240.465.

(5)  Recipients under this program shall not be eligible to participate in the Critical Occupational Therapist or Physical Therapist Shortage Student Loan Forgiveness Program or the Critical Occupational Therapist or Physical Therapist Shortage Tuition Reimbursement Program.

(6)  This section shall be implemented only to the extent specifically funded and authorized by law.

History.--s. 20, ch. 92-144; s. 41, ch. 95-392.

240.6075  Critical Occupational Therapist or Physical Therapist Shortage Tuition Reimbursement Program.--

(1)  There is established the Critical Occupational Therapist or Physical Therapist Shortage Tuition Reimbursement Program to improve the skills and knowledge of current therapists and therapy assistants who are employed by the public school system.

(2)  Any full-time public school employee licensed to practice occupational therapy or physical therapy in this state is eligible for the program.

(3)  Participants may receive tuition reimbursement payments for up to 9 semester hours, or the equivalent in quarter hours, per year, at a rate not to exceed $78 per semester hour, up to a total of 36 semester hours. All tuition reimbursements shall be contingent on the participant passing an approved course with a minimum grade of 3.0 or its equivalent.

(4)  The participant shall be employed by the public schools of this state for 3 years following completion of the requirements.

(5)  Recipients under this program shall not be eligible to participate in the Critical Occupational Therapist or Physical Therapist Shortage Student Loan Forgiveness Program or the Critical Occupational Therapist or Physical Therapist Shortage Scholarship Loan Program.

(6)  This section shall be implemented only to the extent specifically funded and authorized by the law.

History.--s. 21, ch. 92-144.

240.609  Postsecondary endowment grants.--

(1)  The Legislature finds and declares that accredited baccalaureate-degree-granting independent nonprofit colleges and universities are an integral part of the higher education system in this state; that significant numbers of persons choose to utilize these institutions for obtaining higher education; that the burdens on public colleges and universities are lessened because of the students that choose to utilize these institutions for their higher education; that having a strong system of baccalaureate-degree-granting independent nonprofit colleges and universities will improve the educational, economic, and social well-being of the state; and that creation of a state program to provide matching endowment grants will improve the academic excellence of these institutions and enhance educational opportunities for Florida citizens, furthering the improvement of the overall educational system in the state.

(2)  There is established the Florida Postsecondary Endowment Grants Program to be administered by the Department of Education. The program shall provide matching endowment grants to independent nonprofit colleges and universities in Florida that meet the requirements of this section. The Legislature shall designate funds for the program to be transferred to the Grants and Donations Trust Fund from available sources. All funds transferred to the trust fund, or retained in the trust fund, shall be invested in accordance with the provisions of chapter 215. Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any undisbursed balance remaining in the trust fund for the program and income from investments and interest related thereto shall remain in the trust fund and shall increase the total funds available for such matching endowment grants.

(3)  The matching endowment grants made available under this section shall be made available to any independent nonprofit college or university which:

(a)  Is located in and chartered by the state.

(b)  Is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools.

(c)  Grants baccalaureate degrees.

(d)  Is not a state university or community college.

(e)  Has a secular purpose, so long as the receipt of state aid by students at the institution would not have the primary effect of advancing or impeding religion or result in an excessive entanglement between the state and any religious sect.

(4)(a)  The amounts appropriated for the program shall be allocated by the Department of Education to each independent nonprofit college or university that meets the criteria of subsection (3) in the following manner:

1.  Each such college or university that raises an endowment contribution of at least $50,000, but no more than $75,000, from private sources shall receive a matching endowment grant equal to 70 percent of the private contribution.

2.  Each such college or university that raises an endowment contribution in excess of $75,000, but no more than $100,000, from private sources shall receive a matching endowment grant equal to 75 percent of the private contribution.

3.  Each such college or university that raises an endowment contribution in excess of $100,000, but no more than $125,000, from private sources shall receive a matching endowment grant equal to 80 percent of the private contribution.

4.  Each such college or university that raises an endowment contribution in excess of $125,000 from private sources shall receive a matching endowment grant equal to 100 percent of the private contribution.

(b)  The private sources may include combined contributions for a common purpose, but shall not include separate unrelated contributions. The state endowment matching grant shall be disbursed to the independent nonprofit college or university upon certification by the college or university that it has received and deposited the proportionate amount specified in this subsection.

(c)  Contributions may also be eligible for matching if there is a commitment to make a donation of $125,000, and an initial payment of $25,000 is accompanied by a written pledge to provide the balance within 4 years after the date of such initial payment. Payments on the balance must be at least $25,000 per year and shall be made on or before the anniversary date of the initial payment. No matching endowment grant shall be disbursed prior to collection of the total pledged contribution from the private source, but a pledged contribution shall encumber the matching endowment grant for that independent nonprofit college or university.

(5)(a)  By July 1 of each year, each independent nonprofit college or university that desires to participate in the program shall certify to the department its eligibility. The department, upon receipt and acceptance of such certifications, shall reserve an equal amount of the additional funds for the program transferred to the Grants and Donations Trust Fund for that fiscal year for each independent nonprofit college or university that is eligible to participate. An eligible independent nonprofit college or university shall have 3 fiscal years within which to encumber its share of trust funds reserved during the first 3 fiscal years. After the third fiscal year, if any independent nonprofit college or university does not fully utilize or encumber its share of reserved trust funds for any single fiscal year, such reserved funds shall be available in subsequent fiscal years for the purposes of this program.

(b)  Each eligible institution shall certify to the department its contributions for the year ending June 30, 1989. Only the qualified new contributions above the certified base shall be calculated for the purpose of allocating grants during the first 3 years of the program. In subsequent years, only the qualified new contributions above the certified prior year base shall be calculated for the purpose of allocating such grants.

(6)  Matching endowment grants made pursuant to this section to a qualified independent nonprofit college or university shall be placed in a separate restricted endowment by such institution. The interest or other income accruing from the endowment shall be expended exclusively for professorships, library resources, scientific and technical equipment, and nonathletic scholarships. Moreover, the funds in the endowment shall not be used for pervasively sectarian instruction, religious worship, or theology or divinity programs or resources. The records of the endowment shall be subject to review by the department and audit by the Auditor General. If any institution receiving a matching endowment grant pursuant to this section ceases operations and undergoes dissolution proceedings, then all funds received pursuant to this section from the state shall be returned.

(7)  The State Board of Education shall adopt rules necessary to implement this section.

(8)  This section shall be implemented to the extent specifically funded and authorized by law.

History.--s. 13, ch. 89-367; s. 27, ch. 95-376.

240.61  College reach-out program.--

(1)  There is established a college reach-out program to increase the number of low-income educationally disadvantaged students in grades 6-12 who, upon high school graduation, are admitted to and successfully complete postsecondary education. Participants should be students who otherwise would be unlikely to seek admission to a community college, state university, or independent postsecondary institution without special support and recruitment efforts. The State Board of Education shall adopt rules which provide for the following:

(a)  Definition of "low-income educationally disadvantaged student."

(b)  Specific criteria and guidelines for selection of college reach-out participants.

(2)  In developing the definition for "low-income educationally disadvantaged student," the State Board of Education shall include such factors as: the family's taxable income; family receipt of temporary assistance under the WAGES Program in the preceding year; family receipt of public assistance in the preceding year; the student's cumulative grade point average; the student's promotion and attendance patterns; the student's performance on state standardized tests; the student's enrollment in mathematics and science courses; and the student's participation in a dropout prevention program.

(3)  To participate in the college reach-out program, a community college, a public university, or an independent postsecondary institution may submit a proposal to the Department of Education. The State Board of Education shall consider the proposals and determine which proposals to implement as programs that will strengthen the educational motivation and preparation of low-income educationally disadvantaged students.

(4)  Community colleges, universities, and independent postsecondary institutions that participate in the program must provide procedures for continuous contact with students from the point at which they are selected for participation until they enroll in a postsecondary education institution. These procedures must assist students in selecting courses required for graduation from high school and admission to a postsecondary institution and ensure that students continue to participate in program activities. Institutions that participate must provide on-campus academic and advisory activities during summer vacation and provide opportunities for interacting with college and university students as mentors, tutors, or role models. Proposals submitted by universities and consortia involving universities must provide students with an opportunity to live on campus.

(5)  In selecting proposals for approval, the State Board of Education shall give preference to:

(a)  Proposals submitted jointly by two or more eligible postsecondary institutions;

(b)  A program that will use institutional, federal, or private resources to supplement state appropriations;

(c)  An applicant that has demonstrated success in conducting similar programs;

(d)  A program that includes innovative approaches, provides a great variety of activities, and includes a large percentage of low-income educationally disadvantaged minority students in the college reach-out program;

(e)  An applicant that demonstrates commitment to the program by proposing to match the grant funds at least one-to-one in cash or services, with cash being the preferred match;

(f)  An applicant that demonstrates an interest in cultural diversity and that addresses the unmet regional needs of varying communities; and

(g)  A program that identifies participants for the college reach-out program from among students who are not already enrolled in similar programs that assist low-income educationally disadvantaged students.

(6)  A participating college or university is encouraged to use its resources to meet program objectives. A participating college, university, or independent postsecondary institution must establish an advisory committee composed of high school and junior high school personnel, as well as community leaders, to provide advice and assistance in implementing its program.

(7)  A proposal must contain the following information:

(a)  A statement of purpose which includes a description of the need for, and the results expected from, the proposed program;

(b)  An identification of the service area which names the schools to be served, provides community and school demographics, and sets forth the postsecondary enrollment rates of high school graduates within the area;

(c)  An identification of existing programs for enhancing the academic performance of minority and low-income educationally disadvantaged students for enrollment in postsecondary education;

(d)  A description of the proposed program which describes criteria to be used to identify schools for participation in the program. At least 60 percent of the students recruited in any one year must be in grades 6-9;

(e)  A description of the program activities which must support the following goals:

1.  Motivate students to pursue a postsecondary education;

2.  Develop students' basic learning skills;

3.  Strengthen students' and parents' understanding of the benefits of postsecondary education;

4.  Foster academic, personal, and career development through supplemental instruction; and

(f)  An evaluation component that provides for the collection, maintenance, retrieval, and analysis of the data required by this paragraph. The data must be used to assess the extent to which programs have accomplished specific objectives and achieved the goals of the college reach-out program. The Postsecondary Education Planning Commission, in consultation with the Department of Education, shall develop specifications and procedures for the collection and transmission of the data. The annual project evaluation component must contain:

1.  The student identification number and social security number, if available; the name of the public school attended; gender; ethnicity; grade level; and grade point average of each participant at the time of entry into the program;

2.  The grade point average, grade, and promotion status of each of the participants in the program at the end of the academic year and any suspension or expulsion of a participant, if applicable;

3.  The number and percentage of high school participants who satisfactorily complete 2 sequential years of a foreign language and Level 2 and 3 mathematics and science courses;

4.  The number and percentage of participants eligible for high school graduation who receive a standard high school diploma or a high school equivalency diploma, pursuant to s. 229.814;

5.  The number and percentage of 12th grade participants who are accepted for enrollment and who enroll in a postsecondary institution;

6.  The number of participants who receive scholarships, grant aid, and work-study awards;

7.  The number and percentage of participants who enroll in a public postsecondary institution and who fail to achieve a passing score, as defined in State Board of Education rule, on college placement tests pursuant to s. 240.117;

8.  The number and percentage of participants who enroll in a postsecondary institution and have a minimum cumulative 2.0 grade point average on a 4.0 scale by the end of the second semester; and

9.  The number of disabled students participating in the project and the nature of their disabilities.

(8)  Proposals must be funded competitively in accordance with the following methodology:

(a)  Eighty percent of the appropriations must be distributed to projects on the basis of minimum standards that include:

1.  A summer residency program of at least 1 week in duration; and

2.  A minimum number of hours of academic instructional and developmental activities, career counseling, and personal counseling.

(b)  Subject to legislative appropriations, continuation projects that satisfy the minimum requirements should have their funds increased each year by the same percentage as the rate of inflation. Projects funded for 3 consecutive years should have a cumulative institutional cash match of not less than 50 percent of the total cost of the project over the 3-year period. Any college reach-out program project operating for 3 years which does not provide the minimum 50-percent institutional cash match must not be considered for continued funding.

(c)  The remaining 20 percent of the appropriations should be distributed to projects for their initiatives and performances. Projects that exceed the minimum standards should be awarded financial incentives when they demonstrate one or a combination of the following:

1.  Improvement in the success rate in preventing dropouts from the college reach-out program project;

2.  An increase in the number of participants who are admitted to colleges and universities;

3.  At least 50 percent of the parents participate in project activities;

4.  Provision of innovative services;

5.  Provision of summer residency for more than 1 week; and

6.  Provision of transportation for students and parents.

(9)  An advisory council shall review the proposals and recommend to the State Board of Education an order of priority for funding the proposals. The advisory council shall consist of 10 members:

(a)  The two equal opportunity coordinators for the Community College System and the State University System;

(b)  Two representatives of private or community-based associations that have similar programs, appointed by the President of the Senate and the Speaker of the House of Representatives, respectively;

(c)  One representative of the State University System, appointed by the Chair of the Board of Regents;

(d)  One representative of the Community College System, appointed by the Chair of the State Board of Community Colleges;

(e)  One representative of the Independent Colleges and Universities of Florida, appointed by the President of the Independent Colleges and Universities of Florida;

(f)  One representative of a public school district, appointed by the Commissioner of Education;

(g)  One representative of the Postsecondary Education Planning Commission, appointed by the chair of the commission; and

(h)  One layperson, appointed by the Governor.

(10)  Except for the equal opportunity coordinators for the community college and state university systems, who shall continue to serve on the council, the terms of all initial committee members holding office on September 1, 1994, expire on that date. Of those persons who are appointed to the council after that date: three members shall be appointed for 2-year terms; three members shall be appointed for 3-year terms; and two members shall be appointed for 4-year terms. Thereafter, each member shall be appointed for a 4-year term of office. Members may be reappointed to the council. A vacancy must be filled with a person of the same status as the original appointee and must be filled for the remainder of the term. Members are entitled to per diem and travel expenses as provided in s. 112.061 while performing council duties.

(11)  On or before February 15 of each year, each participating institution shall submit to the Postsecondary Education Planning Commission an interim report containing program expenditures and participant information as required in State Board of Education rules.

(12)  On or before October 15 of each year, universities, independent postsecondary institutions, and community colleges participating in the program shall submit to the Postsecondary Education Planning Commission an end-of-the-year report on the effectiveness of their participation in the program. The end-of-the-year report must include, without limitation:

(a)  A copy of the certificate-of-expenditures form showing expenditures by category; state grant funds; and institutional matching, in cash and in-kind services;

(b)  A listing of students participating in the program by grade level, sex, and race;

(c)  A statement of how the program addresses the four program goals identified in paragraph (7)(e);

(d)  A brief description and analysis of program characteristics and activities critical to program success;

(e)  A description of the cooperation received from other units or organizations; and

(f)  An explanation of the program's outcomes, including data related to student performance on the measures provided for in paragraph (7)(f).

(13)  By February 15 of each year, the Postsecondary Education Planning Commission shall submit to the President of the Senate, the Speaker of the House of Representatives, the Commissioner of Education, and the Governor a report that evaluates the effectiveness of the college reach-out program. The report must be based upon information provided by participating institutions, the Division of Universities, the Division of Community Colleges, and the Division of Workforce Development pursuant to subsections (7) and (12). To the extent feasible, the performance of college reach-out program participants must be compared to the performance of comparable cohorts of students in public school and postsecondary education.

(14)  Funding for the college reach-out program shall be provided in the General Appropriations Act. From these funds, an annual allocation shall be provided to the Postsecondary Education Planning Commission to conduct the annual program evaluation required by subsection (13).

History.--s. 30, ch. 89-207; s. 10, ch. 90-302; ss. 1, 2, 3, ch. 94-246; s. 833, ch. 95-148; s. 65, ch. 96-175; s. 33, ch. 97-100; s. 30, ch. 97-307; s. 43, ch. 98-421; s. 1, ch. 99-180.

240.631  Florida Martin Luther King, Jr., Institute for Nonviolence; definitions.--As used in this act:

(1)  "Board" means the advisory board of the institute.

(2)  "Institute" means the Florida Martin Luther King, Jr., Institute for Nonviolence.

History.--s. 2, ch. 93-122.

240.632  Creation of institute.--

(1)  There is hereby created the Florida Martin Luther King, Jr., Institute for Nonviolence to be established at Miami-Dade Community College by the Florida Community College System in conjunction with the State University System. The institute shall have an advisory board consisting of 13 members as follows: the Attorney General, the Chancellor of the State University System, the Commissioner of Education, and 10 members to be appointed by the Governor, such members to represent the population of the state based on its ethnic, gender, and socioeconomic diversity. Of the members appointed by the Governor, one shall be a member of the Senate appointed by the Governor on the recommendation of the President of the Senate; one shall be a member of the Senate appointed by the Governor on the recommendation of the minority leader; one shall be a member of the House of Representatives appointed by the Governor on the recommendation of the Speaker of the House of Representatives; one shall be a member of the House of Representatives appointed by the Governor on the recommendation of the minority leader; and six shall be members appointed by the Governor, no more than three of whom shall be members of the same political party. The following groups shall be represented by the six members: the Florida Sheriffs Association; the Florida Association of Counties; the Florida League of Cities; human services agencies; community relations or human relations councils; and youth. A chairperson shall be elected by the members and shall serve for a term of 3 years. Members of the board shall serve the following terms of office which shall be staggered:

(a)  A member of the Legislature appointed to the board shall serve for a single term not to exceed 5 years and shall serve as a member only while he or she is a member of the Legislature.

(b)  Of the six members who are not members of the Legislature, three shall serve for terms of 4 years, two shall serve for terms of 3 years, and one shall serve for a term of 1 year. Thereafter, each member, except for a member appointed to fill an unexpired term, shall serve for a 5-year term. No member shall serve on the board for more than 10 years.

In the event of a vacancy occurring in the office of a member of the board by death, resignation, or otherwise, the Governor shall appoint a successor to serve for the balance of the unexpired term.

(2)(a)  The board shall provide for the holding of regular and special meetings. A majority of the members shall constitute a quorum for the transaction of any business, and the acts of a majority of the members present at a meeting at which a quorum is present shall be deemed to be the acts of the board.

(b)  An executive director shall be appointed by the board and shall be the chief administrative and operational officer of the board. The executive director shall direct and supervise administrative affairs and the general management of the board. The executive director may contract with or employ legal and technical experts and such other employees, permanent and temporary, as shall be authorized by the board.

(c)  Members of the board shall serve without compensation, but shall be reimbursed for per diem and travel expenses in accordance with s. 112.061.

History.--s. 3, ch. 93-122; s. 80, ch. 95-148; s. 27, ch. 99-13.

240.633  Powers and duties.--The institute shall have the following powers and duties:

(1)  To conduct training, provide symposia, and develop continuing education and programs to promote skills in nonviolent conflict resolution for persons in government, private enterprise, community groups, and voluntary associations.

(2)  To enter into formal and informal relationships with other public or private institutions for purposes of fulfilling the goals of the institute and to ensure geographic dispersion of services to all regions of the state.

(3)  To establish a clearinghouse to provide materials, including publications, handbooks, training manuals, and audiovisual materials, on the programs, studies, research, training, and educational opportunities of the institute.

(4)  To adopt, amend, and alter bylaws not inconsistent with the laws of the state.

(5)  To charge and collect subscription and other participation costs and fees for its services, including publications and courses of study.

(6)  To receive and accept from any federal, state, or local agency grants, or advances for, or in aid of, the purposes of this act and to receive and accept contributions from any source of either money, property, labor, or other things of value, to be held, used, and applied for said purposes.

(7)  To do any and all lawful acts and things necessary or desirable to carry out the objectives and purposes of this act.

History.--s. 4, ch. 93-122.

240.634  Fellowships.--The institute may establish fellowships through the awarding of financial assistance to individuals and organizations to enable them to pursue scholarly inquiry and study other appropriate forms of strategies for peace and nonviolent conflict resolution.

History.--s. 5, ch. 93-122.

240.636  Research of Rosewood incident.--The State University System shall continue the research of the Rosewood incident and the history of race relations in Florida and develop materials for the educational instruction of these events.

History.--s. 6, ch. 94-359.

240.70  Substance abuse training programs.--

(1)  Each state university and community college may develop courses designed for public school teachers, counselors, physicians, law enforcement personnel, and other professionals to assist them in recognizing symptoms of substance abuse impairment and identifying appropriate service providers for referral and treatment.

(2)  Such courses may be made available to students who are currently enrolled and for continuing education units.

History.--s. 12, ch. 93-39.

240.701  Incentives for urban or socially and economically disadvantaged area internships.--The Legislature establishes incentives for urban or socially and economically disadvantaged area internships to give university students the opportunity to study the social, economic, educational, and political life of inner cities in metropolitan or socially and economically disadvantaged areas of the state. The incentives are for internships that are open to students in all disciplines, including business, education, physical science, social science, the liberal arts, and the fine arts. Incentives may be given to any state university. Incentives must be for one semester's duration, or more, in which an intern may earn up to 12 hours of credit for the internship. Student interns must work in teams to address a specific urban or socially and economically disadvantaged area social problem or carry out an urban or socially and economically disadvantaged area social program. The results of each team's work must be published in a report and distributed to the colleges of education in the State University System.

History.--s. 38, ch. 94-230.

240.702  Florida Conflict Resolution Consortium.--It is the intent of the Legislature to reduce the public and private costs of litigation; resolve public disputes, including those related to growth management issues, more quickly and effectively; and improve intergovernmental communications, cooperation, and consensus-building. The Legislature hereby formally establishes the Florida Conflict Resolution Consortium as a statewide center based within the State University System at Florida State University, or at another campus as may be designated by the Chancellor. The purpose of the consortium is to serve as a neutral resource to assist citizens and public and private interests in Florida to seek cost-effective solutions to public disputes and problems through the use of alternative dispute resolution and consensus-building.

History.--s. 16, ch. 96-416.

240.705  Partnerships to develop child protection workers.--The Department of Children and Family Services is directed to form partnerships with the schools of social work of the universities of the state in order to encourage the development of graduates trained to work in child protection. The department shall give hiring preferences for child protection jobs to graduates who have earned bachelor's and master's degrees from these programs with a concentration in child protection. The partnership between the department and the schools of social work shall include, but not be limited to, modifying existing graduate and undergraduate social work curricula, providing field placements for students into child protection internships in the department, and collaborating in the design and delivery of advanced levels of social work practice.

History.--s. 2, ch. 96-402; s. 43, ch. 99-8.

240.706  Leadership Board for Applied Research and Public Service.--

(1)  There is created the Leadership Board for Applied Research and Public Service to be staffed by the Institute of Science and Public Affairs at Florida State University. The purpose of the board is to focus, coordinate, and maximize university resources on current issues and events affecting Florida's residents and elected officials. Emphasis shall be placed on being responsive to and providing accurate, timely, useful, and relevant information to decisionmakers in state and local governments. The board shall set forth a process to provide comprehensive guidance and advice for improving the types and quality of services to be delivered by the State University System. Specifically, the board shall better identify and define the missions and roles of existing institutes and centers within the State University System, work to eliminate duplication and confusion over conflicting roles and missions, involve more students in learning with applied research and public service activities, and be organizationally separate from academic departments. The board shall meet at least quarterly. The board may create internal management councils that may include working institute and center directors. The board is responsible for, but is not limited to:

(a)  Providing strategic direction, planning, and accompanying decisions that support a coordinated applied public service and research approach in the state.

(b)  Addressing State University System policy matters and making recommendations to the Board of Regents as they relate to applied public service and research.

(c)  Serving as a clearinghouse for services requested by public officials.

(d)  Providing support for funding and fiscal initiatives involving applied public service and research.

(2)  Membership of the board shall be:

(a)  The Chancellor of the Board of Regents, who shall serve as chair.

(b)  The director of the Office of Planning and Budgeting of the Executive Office of the Governor.

(c)  The secretary of the Department of Management Services.

(d)  The director of Economic and Demographic Research.

(e)  The director of the Office of Program Policy Analysis and Government Accountability.

(f)  The President of the Florida League of Cities.

(g)  The President for the Florida Association of Counties.

(h)  The President of the Florida School Board Association.

(i)  Five additional university president members, designated by the Chancellor, to rotate annually.

(3)  The board shall prepare a report for the Board of Regents to be submitted to the Governor and the Legislature by January 1 of each year which summarizes the work and recommendations of the board in meeting its purpose and mission.

History.--s. 22, ch. 98-65.

240.709  Institute on Urban Policy and Commerce.--

(1)  There is created the Institute on Urban Policy and Commerce as a Type I Institute under the Board of Regents at Florida Agricultural and Mechanical University to improve the quality of life in urban communities through research, teaching, and outreach activities.

(2)  The major purposes of the institute are to pursue basic and applied research on urban policy issues confronting the inner-city areas and neighborhoods in the state; to influence the equitable allocation and stewardship of federal, state, and local financial resources; to train a new generation of civic leaders and university students interested in approaches to community planning and design; to assist with the planning, development, and capacity building of urban area nonprofit organizations and government agencies; to develop and maintain a database relating to inner-city areas; and to support the community development efforts of inner-city areas, neighborhood-based organizations, and municipal agencies.

(3)  The institute shall research and recommend strategies concerning critical issues facing the underserved population in urban communities, including, but not limited to, transportation and physical infrastructure; affordable housing; tourism and commerce; environmental restoration; job development and retention; child care; public health; lifelong learning; family intervention; public safety; and community relations.

(4)  The institute may establish regional urban centers to be located in the inner cities of St. Petersburg, Tampa, Jacksonville, Orlando, West Palm Beach, Fort Lauderdale, Miami, Daytona Beach, and Pensacola to assist urban communities on critical economic, social, and educational problems affecting the underserved population.

(5)  Before January 1 of each year, the institute shall submit a report of its critical findings and recommendations for the prior year to the President of the Senate, the Speaker of the House of Representatives, and the appropriate committees of the Legislature. The report shall be titled "The State of Unmet Needs in Florida's Urban Communities" and shall include, but is not limited to, a recommended list of resources that could be made available for revitalizing urban communities; significant accomplishments and activities of the institute; and recommendations concerning the expansion, improvement, or termination of the institute.

(6)  The Governor shall submit an annual report to the Legislature on the unmet needs in the state's urban communities.

History.--s. 88, ch. 99-251.