The Florida Senate

1004.01  Statement of purpose and mission.

1004.02  Definitions.

1004.03  Program approval.

1004.04  Public accountability and state approval for teacher preparation programs.

1004.05  Substance abuse training programs.

1004.06  Prohibited expenditures.

1004.07  Student withdrawal from courses due to military service; effect.

1004.08  Patient safety instructional requirements.

1004.01  Statement of purpose and mission.--

(1)  The Legislature finds it in the public interest to provide a system of postsecondary education which is of the highest possible quality; which enables all students 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 develop 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.

History.--s. 159, ch. 2002-387.

1004.02  Definitions.--As used in this chapter:

(1)  "Adult basic education" means courses of instruction designed to improve the employability of the state's workforce through instruction in mathematics, reading, language, and workforce readiness skills at grade level equivalency 0-8.9.

(2)  "Adult ESOL" or "adult ESL" means noncredit English literacy courses designed to improve the employability of the state's workforce through acquisition of communication skills and cultural competencies that enhance ability to read, write, speak, and listen in English. ESOL means English for Speakers of Other Languages. ESL means English as a Second Language. The two terms are interchangeable.

(3)  "Adult general education" means comprehensive instructional programs designed to improve the employability of the state's workforce through adult basic education, adult secondary education, English for Speakers of Other Languages, vocational-preparatory instruction, and instruction for adults with disabilities.

(4)  "Adult high school credit program" means the award of credits upon completion of courses and passing of state mandated assessments necessary to qualify for a high school diploma. Except as provided elsewhere in law, the graduation standards for adults shall be the same as those for secondary students.

(5)  "Adult secondary education" means courses through which a person receives high school credit that leads to the award of a high school diploma or courses of instruction through which a student prepares to take the General Educational Development test.

(6)  "Adult student" is a student who is beyond the compulsory school age and who has legally left elementary or secondary school, or a high school student who is taking an adult course required for high school graduation.

(7)  "Adult with disability" means an individual who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such an impairment, and who requires modifications to the educational program, adaptive equipment, or specialized instructional methods and services in order to participate in workforce development programs that lead to competitive employment.

(8)  "Applied technology diploma program" means a course of study that is part of a technical degree program, is less than 60 credit hours, and leads to employment in a specific occupation. An applied technology diploma program may consist of either technical credit or college credit. A public school district may offer an applied technology diploma program only as technical credit, with college credit awarded to a student upon articulation to a community college. Statewide articulation among public schools and community colleges is guaranteed by s. 1007.23, and is subject to guidelines and standards adopted by the State Board of Education pursuant to ss. 1007.24 and 1007.25.

(9)  "Basic literacy," means the demonstration of academic competence from 2.0 through 5.9 educational grade levels as measured by means approved for this purpose by the State Board of Education.

(10)  "Beginning literacy" means the demonstration of academic competence from 0 through 1.9 educational grade levels as measured by means approved for this purpose by the State Board of Education.

(11)  "College-preparatory instruction" means courses through which a high school graduate who applies for any college credit program may attain the communication and computation skills necessary to enroll in college credit instruction.

(12)  "Community education" means the use of a school or other public facility as a community center operated in conjunction with other public, private, and governmental organizations for the purpose of providing educational, recreational, social, cultural, health, and community services for persons in the community in accordance with the needs, interests, and concerns of that community, including lifelong learning.

(13)  "Continuing workforce education" means instruction that does not result in a technical certificate, diploma, associate in applied science degree, or associate in science degree. Continuing workforce education is for:

(a)  Individuals who are required to have training for licensure renewal or certification renewal by a regulatory agency or credentialing body;

(b)  New or expanding businesses as described in chapter 288;

(c)  Business, industry, and government agencies whose products or services are changing so that retraining of employees is necessary or whose employees need training in specific skills to increase efficiency and productivity; or

(d)  Individuals who are enhancing occupational skills necessary to maintain current employment, to cross train, or to upgrade employment.

(14)  "Technical degree education program" means a course of study that leads to an associate in applied science degree or an associate in science degree. A technical degree program may contain within it one or more program progression points and may lead to certificates or diplomas within the course of study. The term is interchangeable with the term "degree career education program." For licensure purposes, the term "associate in science degree" is interchangeable with "associate in applied science degree."

(15)  "Family literacy" means a program for adults with a literacy component for parents and children or other intergenerational literacy components.

(16)  "Functional literacy," which is also referred to as "intermediate adult basic education," means the demonstration of academic competence from 6.0 through 8.9 educational grade levels as measured by means approved for this purpose by the State Board of Education.

(17)  "General Educational Development (GED) test preparation" means courses of instruction designed to prepare adults for success on GED subject area tests leading to qualification for a State of Florida high school diploma.

(18)  "Lifelong learning" means a noncredit course or activity offered by a school district or community college that seeks to address community social and economic issues related to health and human relations, government, parenting, consumer economics, and senior citizens.

(19)  "Local educational agency" means a community college or school district.

(20)  "Local sponsor" means a district school board, community college board of trustees, public library, other public entity, or private nonprofit entity, or any combination of these entities, that provides adult literacy instruction.

(21)  "Career certificate program" means a course of study that leads to at least one occupational completion point. The program may also confer credit that may articulate with a diploma or career degree education program, if authorized by rules of the State Board of Education. Any credit instruction designed to articulate to a degree program is subject to guidelines and standards adopted by the Department of Education pursuant to chapter 1007. The term is interchangeable with the term "certificate career education program."

(22)  "Occupational completion point" means the occupational competencies that qualify a person to enter an occupation that is linked to a career and technical program.

(23)  "Career education planning region" means the geographic area in which career or adult education is provided. Each career region is contiguous with one of the 28 community college service areas.

(24)  "Vocational-preparatory instruction" means adult general education through which persons attain academic and workforce readiness skills at the level of functional literacy (grade levels 6.0-8.9) or higher so that such persons may pursue technical certificate education or higher-level technical education.

(25)  "Career program" means a group of identified competencies leading to occupations identified by a Classification of Instructional Programs number.

(26)  "Workforce education" means adult general education or career education and may consist of a continuing workforce education course or a program of study leading to an occupational completion point, a career certificate, an applied technology diploma, or a career degree.

(27)  "Workforce literacy" means the basic skills necessary to perform in entry-level occupations or the skills necessary to adapt to technological advances in the workplace.

History.--s. 160, ch. 2002-387; s. 87, ch. 2004-357.

1004.03  Program approval.--

(1)  The State Board of Education 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 public and independent institutions shall be avoided.

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

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

(e)  A new graduate-level program may be approved if:

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

2.  The addition of the program will not alter the emphasis on undergraduate education.

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

(2)  The State Board of Education shall establish criteria for the approval of new programs at community colleges, 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.

(d)  New programs may be approved only if they are consistent with the state master plan adopted by the State Board of Education.

(3)  New colleges, schools, or functional equivalents of any program leading to a degree that 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.

History.--s. 161, ch. 2002-387.

1004.04  Public accountability and state approval for teacher preparation programs.--

(1)  INTENT.--

(a)  The Legislature recognizes that skilled teachers make an important contribution to a system that allows students to obtain a high-quality education.

(b)  The intent of the Legislature is to require the State Board of Education to attain a system for development and approval of teacher preparation programs that allows 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 the state's diverse student population, including students who have substandard reading and computational skills and students with limited English proficiency, 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. 1000.03(5) and 1008.345.

(2)  UNIFORM CORE CURRICULA.--

(a)  The State Board of Education shall adopt rules pursuant to ss. 120.536(1) and 120.54 that establish uniform core curricula for each state-approved teacher preparation program.

(b)  The rules to establish uniform core curricula for each state-approved teacher preparation program must include, but are not limited to, a State Board of Education identified foundation in scientifically researched, knowledge-based reading literacy and computational skills acquisition; classroom management; school safety; professional ethics; educational law; human development and learning; and understanding of the Sunshine State Standards content measured by state achievement tests, reading and interpretation of data, and use of data to improve student achievement.

(c)  These rules shall not require an additional period of time-to-degree but may be phased in to enable teacher preparation programs to supplant courses, including pedagogy courses, not required by law or State Board of Education rule with the courses identified pursuant to paragraph (b).

(3)  DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.--A system developed by the Department of Education in collaboration with postsecondary educational institutions shall assist departments and colleges of education in the restructuring of their programs in accordance with this section to meet the need for producing quality teachers now and in the future.

(a)  The system must be designed to assist teacher educators in conceptualizing, developing, implementing, and evaluating programs that meet state-adopted standards. 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.

(b)  Departments and colleges of education shall emphasize the state system of school improvement and education accountability concepts and standards, including Sunshine State Standards.

(c)  State-approved teacher preparation programs must incorporate:

1.  Appropriate English for Speakers of Other Languages instruction so that program graduates will have completed the requirements for teaching limited English proficient students in Florida public schools.

2.  Scientifically researched, knowledge-based reading literacy and computational skills instruction so that program graduates will be able to provide the necessary academic foundations for their students at whatever grade levels they choose to teach.

(4)  INITIAL STATE PROGRAM APPROVAL.--

(a)  A program approval process based on standards adopted pursuant to subsections (2) and (3) 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 be approved by the department, consistent with the intent set forth in subsection (1) and based primarily upon significant, objective, and quantifiable graduate performance measures.

(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 of Education rule or any college or university otherwise approved pursuant to State Board of Education rule.

2.  Demonstrate mastery of general knowledge, including the ability to read, write, and compute, by passing the General Knowledge Test of the Florida Teacher Certification Examination, 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.

Each teacher preparation program may waive these admissions requirements for up to 10 percent of the students admitted. Programs shall implement strategies to ensure that students admitted under a waiver receive assistance to demonstrate competencies to successfully meet requirements for certification.

(c)  Each teacher preparation program approved by the Department of Education, as provided for by this section, shall provide a certification ombudsman to facilitate the process and procedures required for graduates to obtain educator professional or temporary certification pursuant to s. 1012.56.

(5)  CONTINUED PROGRAM APPROVAL.--Notwithstanding subsection (4), 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 that document the continuous improvement of program processes and graduates' performance.

(a)  Continued approval of specific teacher preparation programs at each public and nonpublic postsecondary educational institution within the state is contingent upon the passing of the written examination required by s. 1012.56 by at least 90 percent of the graduates of the program who take the examination. The Department of Education shall annually provide an analysis of the performance of the graduates of such institution with respect to the competencies assessed by the examination required by s. 1012.56.

(b)  Additional criteria for continued program approval for public institutions may be approved by the State Board of Education. Such criteria must emphasize instruction in classroom management and must provide for the evaluation of the teacher candidates' performance in this area. The criteria shall also require instruction in working with underachieving students. Program evaluation procedures must include, but are not limited to, program graduates' satisfaction with instruction and the program'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 postsecondary educational institutions and the Department of Education. By January 1 of each year, the Department of Education shall report this information for each postsecondary educational institution that has state-approved programs of teacher education to the Governor, the State Board of Education, the Commissioner of Education, 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 periodic reviews, on a schedule established by the State Board of Education, of the program conducted by the postsecondary educational institution, 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 reading and higher-level mathematics concepts and in the use of technology at the appropriate grade level.

(e)  Continued approval of teacher preparation programs is contingent upon compliance with the student admission requirements of subsection (4) and upon the receipt of at least a satisfactory rating from public schools and private schools that employ graduates of the program. Each teacher preparation program shall guarantee the high quality of its graduates during the first 2 years immediately following graduation from the program or following initial certification, whichever occurs first. Any educator in a Florida school who fails to demonstrate the essential skills specified in subparagraphs 1.-5. shall be provided additional training by the teacher preparation program at no expense to the educator or the employer. Such training must consist of an individualized plan agreed upon by the school district and the postsecondary educational institution that includes specific learning outcomes. The postsecondary educational institution assumes no responsibility for the educator's employment contract with the employer. Employer satisfaction shall be determined by an annually administered survey instrument approved by the Department of Education that, at a minimum, must include employer satisfaction of the graduates' ability to do the following:

1.  Write and speak in a logical and understandable style with appropriate grammar.

2.  Recognize signs of students' difficulty with the reading and computational process and apply appropriate measures to improve students' reading and computational performance.

3.  Use and integrate appropriate technology in teaching and learning processes.

4.  Demonstrate knowledge and understanding of Sunshine State Standards.

5.  Maintain an orderly and disciplined classroom conducive to student learning.

(f)1.  Each Florida public and private institution that offers a state-approved teacher preparation program 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 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 must include, at a minimum:

a.  The percent of graduates obtaining full-time teaching employment within the first year of graduation.

b.  The average length of stay of graduates in their full-time teaching positions.

c.  Satisfaction ratings required in paragraph (e).

2.  Each public and private institution offering training for school readiness related professions, including training in the fields of child care and early childhood education, whether offering career credit, associate in applied science degree programs, associate in science degree programs, or associate in arts degree programs, shall annually report information regarding these programs to the state and the general public in a uniform and comprehensible manner that conforms with definitions and methods approved by the State Board of Education. This information must include, at a minimum:

a.  Average length of stay of graduates in their positions.

b.  Satisfaction ratings of graduates' employers.

This information shall be reported through publications, including college and university catalogs and promotional materials sent to potential applicants, secondary school guidance counselors, and prospective employers of the institution's program graduates.

(6)  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. District school boards are authorized to pay student teachers during their internships.

(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. 1012.56 and 1012.585; 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 State Board of Education 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, strategies for incorporating scientifically researched, knowledge-based reading literacy and computational skills acquisition 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 private 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.

(7)  STANDARDS OF EXCELLENCE.--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 (4) and must incorporate state and national recommendations for exemplary teacher preparation programs.

(8)  NATIONAL BOARD STANDARDS.--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.

(9)  COMMUNITY COLLEGES.--To the extent practical, postsecondary educational 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.

(10)  SHORT-TERM EXPERIENCES AS TEACHER ASSISTANTS.--Postsecondary institutions offering teacher preparation programs and community colleges, in collaboration with school districts, may develop and implement a program to provide short-term experiences as teacher assistants prior to beginning a teacher preparation program or alternative certification program. The program shall serve individuals with baccalaureate degrees who are interested in the teaching profession. This experience may be accepted for use in teacher preparation programs and competency-based alternative certification programs, where applicable.

(11)  PRETEACHER AND TEACHER EDUCATION PILOT PROGRAMS.--State 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 state 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 state 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)  State 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. 1012.56. Should a graduate of a pilot program not meet the requirements of s. 1012.56, that person shall not be included in the calculations required by paragraph (5)(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 include, at a minimum, 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. 1012.56. The commissioner shall consider the number of participants recruited, the number of graduates, and the number of graduates successfully meeting the requirements of s. 1012.56 reported by each institution, and shall make an annual recommendation to the State Board of Education regarding the institution's continued participation in the pilot program.

(12)  TEACHER EDUCATION PILOT PROGRAMS FOR HIGH-ACHIEVING STUDENTS.--Pilot teacher preparation programs may be established with the authorization of the Commissioner of Education at colleges and universities with state-approved teacher education programs. These programs shall include a year-long paid teaching assignment and competency-based learning experiences and shall be designed to encourage high-achieving students, as identified by the institution, to pursue a career in education. Priority consideration shall be given to students obtaining academic degrees in mathematics, science, engineering, reading, or identified critical shortage areas. Students chosen to participate in the pilot programs shall agree to teach for at least 3 years after they receive their degrees. Criteria for identifying high-achieving students shall be developed by the institution and shall include, at a minimum, requirements that the student have a 3.3 grade point average or above and that the student has demonstrated mastery of general knowledge pursuant to s. 1012.56. The year-long paid teaching assignment shall begin after completion of the equivalent of 3 years of the state university teacher preparation program.

(a)  Each pilot program shall be designed to include:

1.  A year-long paid teaching assignment at a low-performing school site during the fourth year of the state university teacher preparation program, which includes intense supervision by a support team trained in clinical education. The support team shall include a state university supervisor and experienced school-based mentors. A mentor teacher shall be assigned to each fourth year employed teacher to implement an individualized learning plan. This mentor teacher will be considered an adjunct professor for purposes of this program and may receive credit for time spent as a mentor teacher in the program. The mentor teacher must have a master's degree or above, a minimum of 3 years of teaching experience, and clinical education training or certification by the National Board for Professional Teaching Standards. Experiences and instruction may be delivered by other mentors, assigned teachers, professors, individualized learning, and demonstrations. Students in this paid teaching assignment shall assume full responsibility of all teaching duties.

2.  Professional education curriculum requirements that address the educator-accomplished practices and other competencies specified in state board rule.

3.  A modified instructional delivery system that provides onsite training during the paid teaching assignment in the professional education areas and competencies specified in this subsection. The institutions participating in this pilot program shall be given a waiver to provide a modified instructional delivery system meeting criteria that allows earned credit through nontraditional approaches. The modified system may provide for an initial evaluation of the candidate's competencies to determine an appropriate individualized professional development plan and may provide for earned credit by:

a.  Internet learning and competency acquisition.

b.  Learning acquired by observing demonstrations and being observed in application.

c.  Independent study or instruction by mentor teachers or adjunct teachers.

4.  Satisfactory demonstration of the educator-accomplished practices and content area competencies for program completion.

5.  For program completion, required achievement of passing scores on all tests required for certification by State Board of Education rules.

(b)  Beginning in July 2003, each institution participating in the pilot program shall submit to the Commissioner of Education an annual report evaluating the effectiveness of the program. The report shall include, but shall not be limited to, the number of students selected for the pilot program, the number of students successfully completing the pilot program, the number of program participants who passed all required examinations, the number of program participants who successfully demonstrated all required competencies, and a followup study to determine the number of pilot program completers who were employed in a teaching position and employers' satisfaction with the performance of pilot program completers based upon student performance.

(c)  This subsection shall be implemented to the extent specifically funded in the General Appropriations Act.

(13)  RULES.--The State Board of Education shall adopt necessary rules pursuant to ss. 120.536(1) and 120.54 to implement this section.

History.--s. 162, ch. 2002-387; s. 37, ch. 2003-391; s. 4, ch. 2004-295; s. 88, ch. 2004-357.

1004.05  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. 163, ch. 2002-387.

1004.06  Prohibited expenditures.--No community college, state university, community college direct-support organization, or state university direct-support organization shall expend any funds, regardless of source, to purchase membership in, or goods and services from, any organization that discriminates on the basis of race, national origin, gender, or religion.

History.--s. 164, ch. 2002-387.

1004.07  Student withdrawal from courses due to military service; effect.--Each district school board, community college district board of trustees, and university board of trustees shall establish, by rule and pursuant to guidelines of the State Board of Education, policies regarding currently enrolled students who are called to, or enlist in, active military service. Such policies shall provide that any student enrolled in a postsecondary course or courses at a career center, a public community college, a public college, or a state university shall not incur academic or financial penalties by virtue of performing military service on behalf of our country. Such student shall be permitted the option of either completing the course or courses at a later date without penalty or withdrawing from the course or courses with a full refund of fees paid. If the student chooses to withdraw, the student's record shall reflect that the withdrawal is due to active military service.

History.--s. 1, ch. 2002-280; s. 114, ch. 2003-1; s. 89, ch. 2004-357.

1004.08  Patient safety instructional requirements.--Each public school, college, and university that offers degrees in medicine, nursing, or allied health shall include in the curricula applicable to such degrees material on patient safety, including patient safety improvement. Materials shall include, but need not be limited to, effective communication and teamwork; epidemiology of patient injuries and medical errors; medical injuries; vigilance, attention, and fatigue; checklists and inspections; automation, technological, and computer support; psychological factors in human error; and reporting systems.

History.--s. 33, ch. 2003-416.

A.  General Provisions

B.  Branch Campuses, Centers,
Institutes, and Special Programs

1004.21  State universities; legislative intent.

1004.22  Divisions of sponsored research at state universities.

1004.225  Florida Technology Development Act.

1004.23  Universities; powers; patents, copyrights, and trademarks.

1004.24  State Board of Education authorized to secure liability insurance.

1004.25  State universities; payment of costs of civil action.

1004.26  University student governments.

1004.28  Direct-support organizations; use of property; board of directors; activities; audit; facilities.

1004.29  University health services support organizations.

1004.30  University health services support organization; confidentiality of information.

1004.31  Assent to Hatch Act and Morrill Land-Grant Act.

1004.32  New College of Florida.

1004.21  State universities; legislative intent.--It is the legislative intent that state universities be constituted as public corporations of the state and be operated by a board of trustees as provided in s. 1001.74.

History.--s. 167, ch. 2002-387.

1004.22  Divisions of sponsored research at state universities.--

(1)  Each university 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. A division of sponsored research created under the provisions of this section shall be under the supervision of the president of that university.

(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)  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 a sponsored research development fund, except as may be prohibited elsewhere by law.

(4)  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.

(5)  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. Transportation and per diem expense allowances shall be the same as those provided by law in s. 112.061, except that 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 (7), or except as provided in subsection (11).

(6)(a)  Each university shall submit to the State Board of Education 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 State Board of Education 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 Governor, as the chief budget officer of the state.

(7)  All purchases of a division of sponsored research shall be made in accordance with the policies and procedures of the university; however, upon certification addressed to the university president that it is necessary for the efficient or expeditious prosecution of a research project, the president may exempt the purchase of material, supplies, equipment, or services for research purposes from the general purchasing requirement of the Florida Statutes.

(8)  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 purchased prior to January 7, 2003, or with funds appropriated by the Legislature shall vest in the Board of Trustees of the Internal Improvement Trust Fund and shall only be transferred or conveyed by it.

(9)  The sponsored research programs of the Institute of Food and Agricultural Sciences, the University of Florida Health Science Center, and the engineering and industrial experiment station shall continue to be centered at the University of Florida as heretofore provided by law. Indirect cost reimbursements of all grants deposited in the Division of Sponsored Research shall be distributed directly to the above units in direct proportion to the amounts earned by each unit.

(10)  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 (7), exempted from the provisions of chapters 215, 216, and 283.

(11)  The divisions of sponsored research may pay, by advancement or reimbursement, or a combination thereof, the costs of per diem of university employees 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 university 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.

(12)  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.

(13)  Each university board of trustees is authorized to adopt rules, as necessary, to administer this section.

History.--s. 168, ch. 2002-387; s. 115, ch. 2003-1.

1004.225  Florida Technology Development Act.--

(1)  This section may be cited as the "Florida Technology Development Act."

(2)  "Center of excellence," as used in this section, means an organization of personnel, facilities, and equipment established at or in collaboration with one or more universities in Florida to accomplish the purposes and objectives of this section. The purposes and objectives of a center of excellence include:

(a)  Identifying and pursuing opportunities for university scholars, research center scientists and engineers, and private businesses to form collaborative partnerships to foster and promote the research required to develop commercially promising, advanced, and innovative technologies and to transfer those technologies to commercial sectors.

(b)  Acquiring and leveraging public and private sector funding to provide the totality of funds, personnel, facilities, equipment, and other resources needed to support the research required to develop commercially promising, advanced, and innovative technologies and to transfer those technologies to commercial sectors.

(c)  Recruiting and retaining world class scholars, high-performing students, and leading scientists and engineers in technology disciplines to engage in research in this state to develop commercially promising, advanced, and innovative technologies.

(d)  Enhancing and expanding technology curricula and laboratory resources at universities and research centers in this state.

(e)  Increasing the number of high-performing students in technology disciplines who graduate from universities in this state and pursue careers in this state.

(f)  Stimulating and supporting the inception, growth, and diversification of technology-based businesses and ventures in Florida and increasing employment opportunities for the workforce needed to support such businesses.

(3)  Subject to legislative appropriation, the Emerging Technology Commission, or "commission," is created within the Executive Office of the Governor to guide the establishment of centers of excellence.

(a)  The commission shall consist of five regular members appointed by the Governor, one of whom the Governor shall appoint as chair of the commission; two regular members appointed by the President of the Senate; two regular members appointed by the Speaker of the House of Representatives; before January 7, 2003, the Secretary of Education as an ex officio nonvoting member; effective January 7, 2003, the Commissioner of Education as an ex officio nonvoting member; and, as ex officio nonvoting members, the member of the Senate and the member of the House of Representatives who serve as members of the Florida Research Consortium, Inc. The regular members shall be business leaders, industrial researchers, academic researchers, scientists, or engineers who have been recognized as leaders in the state's emerging and advanced technology sectors. Regular members must be appointed on or before July 1, 2002.

(b)  Members of the commission shall serve without compensation but shall be entitled to receive per diem and travel expenses in accordance with s. 112.061 while in performance of their duties.

(c)  The Executive Office of the Governor shall provide staff support for the activities of the commission and per diem and travel expenses for commission members.

(4)  By August 1, 2002, Florida Research Consortium, Inc., shall provide a report to the commission which describes in detail and prioritizes factors that contribute to the success of the creation of centers of excellence. At a minimum, the report should describe and prioritize the following factors:

(a)  Maturity of existing university programs relating to a proposed center of excellence.

(b)  Existing amount of university resources dedicated to activities relating to a proposed center of excellence.

(c)  Comprehensiveness and effectiveness of site plans relating to a proposed center of excellence.

(d)  Regional economic structure and climate.

(e)  The degree to which a university proposed to house a center of excellence identifies and seizes opportunities to collaborate with other public or private entities for research purposes.

(f)  The presence of a comprehensive performance and accountability measurement system.

(g)  The use of an integrated research and development strategy utilizing multiple levels of the educational system.

(h)  The ability of a university proposed to house a center of excellence to raise research funds and leverage public and private investment dollars to support advanced and emerging technological research and development projects.

(i)  The degree to which a university proposed to house a center of excellence transfers advanced and emerging technologies from its laboratories to the commercial sector.

(j)  The degree to which a university proposed to house a center of excellence stimulates and supports new venture creation.

(k)  The existence of a plan to enhance academic curricula by improving communication between academia and industry.

(l)  The existence of a plan to increase the number, quality, and retention rate of faculty, graduate students, and eminent scholars in advanced and emerging technology-based disciplines.

(m)  The existence of a plan to increase the likelihood of faculty, graduate students, and eminent scholars pursuing private sector careers in the state.

(n)  Ability to provide capital facilities necessary to support research and development.

(5)  By September 15, 2002, the commission shall develop and approve criteria for evaluating proposals submitted under subsection (6). When developing such criteria, the commission shall consider the report provided by Florida Research Consortium, Inc., under subsection (4) and hold at least two public hearings, at times and locations designated by the chair of the commission, for the purpose of soliciting expert testimony. By October 1, 2002, the commission shall provide a list of such criteria to each university in the State University System and to the State Technology Office for publishing on the Internet within 24 hours after the office's receipt of the list.

(6)  Concurrent with the provision of the list of criteria to the universities, the commission shall notify each university, in writing, of the opportunity to submit to the commission written proposals for establishing one or more centers of excellence. Proposals must specifically address the evaluation criteria developed by the commission and delineate how funding would be used to develop one or more centers of excellence. Proposals must be submitted to the commission by December 1, 2002. Notwithstanding this deadline, the commission, upon an affirmative vote of a majority of its members, may accept a proposal submitted after the deadline.

(7)  By February 1, 2003, the commission shall submit to the State Board of Education a minimum of two, but no more than five, recommended plans for the establishment of one or more centers of excellence in the state. Recommended plans must specifically address the evaluation criteria developed by the commission and delineate how funding would be used to develop one or more centers of excellence. When developing such recommended plans, the commission shall consider the university proposals submitted under subsection (6) and hold at least three public hearings, at times and locations designated by the chair of the commission, for the purpose of soliciting expert testimony including, but not limited to, viewing presentations of university proposals.

(8)  By March 15, 2003, the State Board of Education shall develop and approve a final plan for the establishment of one or more centers of excellence in the state and authorize expenditures for implementation of the plan. The final plan must allocate at least $10 million to each center of excellence established by the plan. When developing this final plan, the board shall consider the commission's recommended plans submitted under subsection (7) and hold at least one public hearing for the purpose of soliciting expert testimony. The final plan must include performance and accountability measures that can be used to assess the progress of plan implementation and the success of the centers of excellence established under the final plan. By March 22, 2003, the board shall provide a copy of the final plan to the Governor, the President of the Senate, and the Speaker of the House of Representatives.

(9)  Beginning June 30, 2003, the commission shall report quarterly, in writing, to the Commissioner of Education on the progress of the implementation of the final plan approved under subsection (8) and the success of the centers of excellence established under that plan.

(10)  This section expires July 1, 2004.

History.--s. 1, ch. 2002-265.

1004.23  Universities; powers; patents, copyrights, and trademarks.--Any other law to the contrary notwithstanding, each state 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, including adopting rules, as necessary, in order to administer this section. Any proceeds therefrom shall be deposited and expended in accordance with s. 1004.22. 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. 169, ch. 2002-387.

1004.24  State Board of Education authorized to secure liability insurance.--

(1)  The State Board of Education 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 State Board of Education and its officers and members.

(b)  A university board of trustees and its officers and members.

(c)  The faculty and other employees and agents of a university board of trustees.

(d)  The students of a state university.

(e)  A state university or any college, school, institute, center, or program 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 state university, if the corporation is operated for the benefit of the state university in a manner consistent with the best interests of the state, and if such participation is approved by a self-insurance program council, the university president, and the board of trustees.

(2)  In the event the State Board of Education adopts a self-insurance program, a governing council chaired by the vice president for health affairs or his or her academic equivalent shall be established to administer the program and its duties and responsibilities, including the administration of self-insurance program assets and expenditure policies, which shall be defined in rules as authorized by this section. The council shall have an annual actuary review performed to establish funding requirements to maintain the fiscal integrity of the self-insurance program. The assets of a self-insurance program shall be deposited outside the State Treasury and shall be administered in accordance with rules as authorized by this section.

(3)  Any self-insurance program created under this section shall be funded by the entities and individuals protected by such program. There shall be no funds appropriated to any self-insurance program. The assets of the self-insurance program shall be the property of the State Board of Education and shall be used only to pay the administrative expenses of the self-insurance program and to pay any claim, judgment, or claims bill arising out of activities for which the self-insurance program was created. Investment income that is in excess of that income necessary to ensure the solvency of a self-insurance program as established by a casualty actuary may be used to defray the annual contribution paid into the program by the entities and individuals protected by the program.

(4)  No self-insurance program adopted by the State Board of Education may sue or be sued. 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)  Each self-insurance program council shall make provision for an annual financial audit pursuant to s. 11.45 of its accounts to be conducted by an independent certified public accountant. The annual audit report must include a management letter and shall be submitted to the State Board of Education for review. The State Board of Education shall have the authority to require and receive from the self-insurance program council or from its independent auditor any detail or supplemental data relative to the operation of the self-insurance program.

(6)  The State Board of Education may make such rules as are necessary to carry out the provisions of this section.

History.--s. 170, ch. 2002-387; s. 42, ch. 2004-41.

1004.25  State 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, 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. 171, ch. 2002-387.

1004.26  University student governments.--

(1)  A student government is created on the main campus of each state university. In addition, each university board of trustees may establish a student government on any branch campus or center. Each student government is a part of the university at which it is established.

(2)  Each student government shall be organized and maintained by students and shall be composed of at least a student body president, a student legislative body, and a student judiciary. The student body president and the student legislative body shall be elected by the student body; however, interim vacancies and the student judiciary may be filled in a manner other than election as prescribed by the internal procedures of the student government.

(3)  Each student government shall adopt internal procedures governing:

(a)  The operation and administration of the student government.

(b)  The execution of all other duties as prescribed to the student government by law.

(4)(a)  The qualifications, elections, and returns, the appointments, and the suspension, removal, and discipline of officers of the student government shall be determined by the student government as prescribed by its internal procedures.

(b)  Any elected or appointed officer of the student government may be removed from office by the majority vote of students participating in a referendum held under this paragraph. Each student government shall adopt internal procedures by which students may petition for a referendum to remove from office an elected or appointed officer of the student government. The grounds for removal of a student government officer by petition must be expressly contained in the petition and are limited to the following: malfeasance, misfeasance, neglect of duty, incompetence, permanent inability to perform official duties, or conviction of a felony. The referendum must be held no later than 60 days after the filing of the petition.

(c)  Each student government shall adopt internal procedures providing for the suspension and removal of an elected or appointed student government officer following the conviction of that officer of a felony.

History.--s. 3, ch. 2002-188; s. 43, ch. 2004-41.

1004.28  Direct-support organizations; use of property; board of directors; activities; 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.

3.  An organization that a state university board of trustees, 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 that is denied certification by the board of trustees shall not use the name of the university that it serves.

(b)  "Personal services" includes full-time or part-time personnel as well as payroll processing.

(2)  USE OF PROPERTY.--

(a)  Each state university board of trustees 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 trustees 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 trustees.

(c)  The board of trustees shall not permit the use of property, facilities, or personal services at any state university by any university direct-support organization that does not provide equal employment opportunities to all persons regardless of race, color, religion, gender, age, or national origin.

(3)  BOARD OF DIRECTORS.--The chair of the university board of trustees 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)  ACTIVITIES; RESTRICTION.--A university direct-support organization is prohibited from giving, either directly or indirectly, any gift to a political committee or committee of continuous existence as defined in s. 106.011 for any purpose other than those certified by a majority roll call vote of the governing board of the direct-support organization at a regularly scheduled meeting as being directly related to the educational mission of the university.

(5)  ANNUAL AUDIT.--Each direct-support organization shall provide for an annual financial audit of its accounts and records to be conducted by an independent certified public accountant in accordance with rules adopted by the Auditor General pursuant to s. 11.45(8) and by the university board of trustees. The annual audit report shall be submitted, within 9 months after the end of the fiscal year, to the Auditor General and the State Board of Education for review. The State Board of Education, the university board of trustees, the Auditor General, and the Office of Program Policy Analysis and Government Accountability shall have the authority to require and receive from the organization or from its independent auditor any records 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 State Board of Education, the university board of trustees, the Auditor General, and the Office of Program Policy Analysis and Government Accountability shall be confidential and exempt from the provisions of s. 119.07(1).

(6)  FACILITIES.--In addition to issuance of indebtedness pursuant to s. 1010.60(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 State Board of Education. Such agreements are subject to the provisions of s. 1013.171.

(7)  ANNUAL BUDGETS AND REPORTS.--Each direct-support organization shall submit to the university president and the State Board of Education 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. 172, ch. 2002-387.

1004.29  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 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)  A state university board of trustees 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 trustees. 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 university board of trustees 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 provide for an annual financial audit in accordance with s. 1004.28(5). The auditor's report, management letter, and any supplemental data requested by the State Board of Education, the university board of trustees, and the Auditor General shall be considered public records, pursuant to s. 119.07.

History.--s. 173, ch. 2002-387.

1004.30  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. Records required by the Department of Financial Services or the Office of Insurance Regulation of the Financial Services Commission to discharge their duties shall be made available to the department upon request.

(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 under which the university health services support organization provides health care services, 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. As used in this paragraph, the term "managed care" means systems or techniques generally used by third-party payors or their agents to affect access to and control payment for health care services. Managed-care techniques most often include one or more of the following: prior, concurrent, and retrospective review of the medical necessity and appropriateness of services or site of services; contracts with selected health care providers; financial incentives or disincentives related to the use of specific providers, services, or service sites; controlled access to and coordination of services by a case manager; and payor efforts to identify treatment alternatives and modify benefit restrictions for high-cost patient care.

(b)  Each university health services support organization's marketing plan the disclosure of which may reasonably be expected by the organization's governing board to be used by a competitor or an affiliated provider of the organization to frustrate, circumvent, or exploit the purposes of the plan before it is implemented and which is not otherwise known or cannot be legally obtained by a competitor or an affiliated provider. 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.

(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.

(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.

(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.--s. 174, ch. 2002-387; s. 1948, ch. 2003-261.

1004.31  Assent to Hatch Act and Morrill Land-Grant Act.--The assent of the Legislature is given to the provisions and requirements of the Acts of Congress commonly known as the "Hatch Act of 1887," the "First Morrill Act of 1862," the "Second Morrill Act of 1890," and all acts supplemental thereto. The University of Florida Board of Trustees may receive grants of money appropriated for the benefit of the University of Florida Institute of Food and Agricultural Sciences in the case of the First Morrill Act, the Hatch Act, and all acts supplemental thereto. The Florida Agricultural and Mechanical University Board of Trustees may receive grants of money appropriated for the benefit of Florida Agricultural and Mechanical University in the case of the Second Morrill Act and all acts supplemental thereto. The provisions of chapter 3564, 1885, Laws of Florida, and s. 7, chapter 1776, 1870, Laws of Florida, are made applicable to said universities 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 University of Florida Board of Trustees and the Florida Agricultural and Mechanical University Board of Trustees for the use and benefit of said universities under the terms of said acts.

History.--s. 175, ch. 2002-387.

1004.32  New College of Florida.--

(1)  MISSION AND GOALS.--New College of Florida with a campus in Sarasota County serves a distinctive mission as the 4-year residential liberal arts honors college of the State of Florida. To maintain this mission, New College of Florida has the following goals:

(a)  To provide a quality education to students of high ability who, because of their ability, deserve a program of study that is both demanding and stimulating.

(b)  To engage in undergraduate educational reform by combining educational innovation with educational excellence.

(c)  To provide programs of study that allow students to design their educational experience as much as possible in accordance with their individual interests, values, and abilities.

(d)  To challenge undergraduates not only to master existing bodies of knowledge but also to extend the frontiers of knowledge through original research.

(2)  ACCREDITATION.--As soon as possible, New College of Florida shall apply to the Commission on Colleges of the Southern Association of Colleges and Schools for separate accreditation.

(3)  BOARD OF TRUSTEES.--The Governor shall appoint 12 members to the Board of Trustees, to serve 4-year staggered terms, as follows:

(a)  Three residents of Sarasota County.

(b)  Two residents of Manatee County.

(c)  Until the expiration date of the terms of office of the members who are on the board June 30, 2001, seven members selected from the Board of Trustees of the New College Foundation.

In addition, the student body president of New College of Florida elected pursuant to s. 1004.26 shall serve ex officio as a voting member of the board of trustees.

History.--s. 4, ch. 2002-188; s. 176, ch. 2002-387; s. 116, ch. 2003-1.

1004.33  The University of South Florida St. Petersburg.

1004.34  The University of South Florida Sarasota/Manatee.

1004.35  Broward County campuses of Florida Atlantic University; coordination with other institutions.

1004.36  Florida Atlantic University campuses.

1004.37  County or area extension programs; cooperation between counties and University of Florida and Florida Agricultural and Mechanical University.

1004.38  Master of science program in speech-language pathology; Florida International University.

1004.381  Nursing degree program at University of West Florida.

1004.382  Master's in social work program at Florida Atlantic University.

1004.383  Chiropractic medicine degree program at Florida State University.

1004.39  College of law at Florida International University.

1004.40  College of law at Florida Agricultural and Mechanical University.

1004.41  University of Florida; J. Hillis Miller Health Center.

1004.42  Florida State University College of Medicine.

1004.43  H. Lee Moffitt Cancer Center and Research Institute.

1004.435  Cancer control and research.

1004.44  Louis de la Parte Florida Mental Health Institute.

1004.445  Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute.

1004.447  Florida Institute for Human and Machine Cognition, Inc.

1004.4471  Florida Institute for Human and Machine Cognition; affiliation with other universities.

1004.4472  Florida Institute for Human and Machine Cognition, Inc.; public records exemption; public meetings exemption.

1004.45  Ringling Center for Cultural Arts.

1004.46  Multidisciplinary Center for Affordable Housing.

1004.47  Research activities relating to solid and hazardous waste management.

1004.48  Research protocols to determine most appropriate pollutant dispersal agents.

1004.49  Florida LAKEWATCH Program.

1004.50  Institute on Urban Policy and Commerce.

1004.51  Community and Faith-based Organizations Initiative; Community and Library Technology Access Partnership.

1004.52  Community computer access grant program.

1004.53  Interdisciplinary Center for Brownfield Rehabilitation Assistance.

1004.54  Learning Development and Evaluation Center.

1004.55  Regional autism centers.

1004.56  Florida Museum of Natural History; functions.

1004.57  Vertebrate paleontological sites and remains; legislative intent and state policy.

1004.575  Program of vertebrate paleontology within Florida Museum of Natural History.

1004.576  Destruction, purchase, and sale of vertebrate fossils prohibited, exceptions; field investigation permits required; penalty for violation.

1004.577  Certain rights of mine or quarry operators and dragline or heavy equipment operators preserved.

1004.58  Leadership Board for Applied Research and Public Service.

1004.59  Florida Conflict Resolution Consortium.

1004.60  Research of Rosewood incident.

1004.61  Partnerships to develop child protection workers.

1004.62  Incentives for urban or socially and economically disadvantaged area internships.

1004.63  Florida Institute for Nuclear Detection and Security (FINDS).

1004.33  The University of South Florida St. Petersburg.--

(1)  The St. Petersburg campus of the University of South Florida is established and shall be known as the "University of South Florida St. Petersburg."

(a)  The Legislature intends that the University of South Florida St. Petersburg be operated and maintained as a separate organizational and budget entity of the University of South Florida, and that all legislative appropriations for the University of South Florida St. Petersburg be set forth as separate line items in the annual General Appropriations Act.

(b)  The University of South Florida St. Petersburg shall have a Campus Board and a Campus Executive Officer.

(c)  As soon as possible, but no later than the effective date of this act, the President of the University of South Florida shall begin the process of application to the Commission on Colleges of the Southern Association of Colleges and Schools for separate accreditation of the University of South Florida St. Petersburg. If the application is not approved or is provisionally approved, the University of South Florida shall correct any identified deficiencies and shall continue to work for accreditation.

(2)  The Board of Trustees of the University of South Florida shall appoint to the Campus Board, from recommendations of the President of the University of South Florida, five residents of Pinellas County. If a resident of Pinellas County is appointed to the Board of Trustees of the University of South Florida, the board shall appoint that member to serve jointly as a member of the Campus Board. If more than one Pinellas County resident is appointed to the Board of Trustees, the board shall select one joint member. The Board of Trustees may reappoint a member to the Campus Board for one additional term. The Campus Board has the powers and duties provided by law, which include the authority to:

(a)  Review and approve an annual legislative budget request to be submitted to the Commissioner of Education. The Campus Executive Officer shall prepare the legislative budget request in accordance with guidelines established by the State Board of Education. This request must include items for campus operations and fixed capital outlay.

(b)  Approve and submit an annual operating plan and budget for review and consultation by the Board of Trustees of the University of South Florida. The campus operating budget must reflect the actual funding available to that campus from separate line-item appropriations contained in each annual General Appropriations Act, which line-item appropriations must initially reflect the funds reported to the Legislature for the University of South Florida St. Petersburg campus for fiscal year 2000-2001 and any additional funds provided in the fiscal year 2001-2002 legislative appropriation.

(c)  Enter into central support services contracts with the Board of Trustees of the University of South Florida for any services that the St. Petersburg campus cannot provide more economically, including payroll processing, accounting, technology, construction administration, and other desired services. However, all legal services for the campus must be provided by a central services contract with the university. The Board of Trustees of the University of South Florida and the Campus Board shall determine in a letter of agreement any allocation or sharing of student fee revenue between the University of South Florida's main campus and the St. Petersburg campus.

The Board of Trustees of the University of South Florida may lawfully delegate other powers and duties to the Campus Board for the efficient operation and improvement of the campus and for the purpose of vesting in the campus the attributes necessary to meet the requirements for separate accreditation by the Southern Association of Colleges and Schools.

(3)  The University of South Florida St. Petersburg shall be administered by a Campus Executive Officer who shall be appointed by, report directly to, and serve at the pleasure of the President of the University of South Florida. The President shall consult with the Campus Board before hiring or terminating the Campus Executive Officer. The Campus Executive Officer has authority and responsibility as provided in law, including the authority to:

(a)  Administer campus operations within the annual operating budget as approved by the Campus Board.

(b)  Recommend to the Campus Board an annual legislative budget request that includes funding for campus operations and fixed capital outlay.

(c)  Recommend to the Campus Board an annual campus operating budget.

(d)  Recommend to the Campus Board appropriate services and terms and conditions to be included in annual central support services contracts.

(e)  Carry out any additional responsibilities assigned or delegated by the President of the University of South Florida for the efficient operation and improvement of the campus, especially any authority necessary for the purpose of vesting in the campus attributes necessary to meet the requirements for separate accreditation.

(4)  Students enrolled at the University of South Florida, including those enrolled at a branch campus, have the same rights and obligations as provided by law, policy, or rule adopted by the University of South Florida, the Florida Department of Education, or other lawful entity. The University of South Florida shall provide a comprehensive and coordinated system of student registration so that a student enrolled at any campus of the University of South Florida has the ability to register for courses at any other campus of the University of South Florida.

(5)  The following entities are not affected by this section and remain under the administrative control of the University of South Florida:

(a)  The University of South Florida College of Marine Science, which is a component college of the main campus.

(b)  The Florida Institute of Oceanography, which is a Type One Institute.

(c)  The University of South Florida Pediatric Research Center.

(d)  The University of South Florida/USGS joint facility.

History.--s. 178, ch. 2002-387.

1004.34  The University of South Florida Sarasota/Manatee.--

(1)  The Sarasota/Manatee campus of the University of South Florida is established and shall be known as the "University of South Florida Sarasota/Manatee."

(a)  The Legislature intends that the University of South Florida Sarasota/Manatee be operated and maintained as a separate organizational and budget entity of the University of South Florida and that all legislative appropriations for the University of South Florida Sarasota/Manatee be set forth as separate line items in the annual General Appropriations Act.

(b)  The University of South Florida Sarasota/Manatee shall have a Campus Board and a Campus Executive Officer.

(c)  As soon as possible, but no later than July 1, 2002, the President of the University of South Florida shall begin the process of application to the Commission on Colleges of the Southern Association of Colleges and Schools for separate accreditation of the University of South Florida Sarasota/Manatee. If the application is not approved or is provisionally approved, the University of South Florida shall correct any identified deficiencies and shall continue to work for accreditation.

(2)  The Board of Trustees of the University of South Florida shall appoint to the Campus Board, from recommendations of the President of the University of South Florida, three residents of Manatee County and two residents of Sarasota County, to serve 4-year staggered terms. If one or more residents of Sarasota County or Manatee County are appointed to the Board of Trustees of the University of South Florida, the board shall, at the next vacancy of the Campus Board, appoint one of those members to serve jointly as a member of the Campus Board. The Board of Trustees may reappoint a member to the Campus Board for one additional term. The Campus Board has the powers and duties provided by law, which include the authority to:

(a)  Review and approve an annual legislative budget request to be submitted to the Commissioner of Education. The Campus Executive Officer shall prepare the legislative budget request in accordance with guidelines established by the State Board of Education. This request must include items for campus operations and fixed capital outlay.

(b)  Approve and submit an annual operating plan and budget for review and consultation by the Board of Trustees of the University of South Florida. The campus operating budget must reflect the actual funding available to that campus from separate line-item appropriations contained in each annual General Appropriations Act, which line-item appropriations must initially reflect the funds reported to the Legislature for the University of South Florida Sarasota/Manatee campus for fiscal year 2000-2001 and any additional funds provided in the fiscal year 2001-2002 legislative appropriation.

(c)  Enter into central support services contracts with the Board of Trustees of the University of South Florida for any services that the campus at Sarasota/Manatee cannot provide more economically, including payroll processing, accounting, technology, construction administration, and other desired services. However, all legal services for the campus must be provided by a central services contract with the university. The Board of Trustees of the University of South Florida and the Campus Board shall determine in a letter of agreement any allocation or sharing of student fee revenue between the University of South Florida's main campus and the Sarasota/Manatee campus.

The Board of Trustees of the University of South Florida may lawfully delegate other powers and duties to the Campus Board for the efficient operation and improvement of the campus and for the purpose of vesting in the campus the attributes necessary to meet the requirements for separate accreditation by the Southern Association of Colleges and Schools.

(3)  The University of South Florida Sarasota/Manatee shall be administered by a Campus Executive Officer who shall be appointed by, report directly to, and serve at the pleasure of the President of the University of South Florida. The President shall consult with the Campus Board before hiring or terminating the Campus Executive Officer. The Campus Executive Officer has authority and responsibility as provided in law, including the authority to:

(a)  Administer campus operations within the annual operating budget as approved by the Campus Board.

(b)  Recommend to the Campus Board an annual legislative budget request that includes funding for campus operations and fixed capital outlay.

(c)  Recommend to the Campus Board an annual campus operating budget.

(d)  Recommend to the Campus Board appropriate services and terms and conditions to be included in annual central support services contracts.

(e)  Carry out any additional responsibilities assigned or delegated by the President of the University of South Florida for the efficient operation and improvement of the campus, especially any authority necessary for the purpose of vesting in the campus attributes necessary to meet the requirements for separate accreditation.

(4)  Students enrolled at the University of South Florida, including those enrolled at a branch campus, have the same rights and obligations as provided by law, policy, or rule adopted by the University of South Florida, the Florida Department of Education, or other lawful entity. The University of South Florida shall provide a comprehensive and coordinated system of student registration so that a student enrolled at any campus of the University of South Florida has the ability to register for courses at any other campus of the University of South Florida.

(5)  Promote technology transfer between the research operations of the University of South Florida and local economic development agencies.

History.--s. 179, ch. 2002-387.

1004.35  Broward County campuses of Florida Atlantic University; coordination with other institutions.--The State Board of Education 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. 180, ch. 2002-387.

1004.36  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 tuition 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. 1011.91, 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 Florida Atlantic University Board of Trustees shall take all actions necessary to ensure 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. Any such direct-support organization shall be subject to s. 1004.28(5).

(4)  The State Board of Education, as a function of its 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.

History.--s. 181, ch. 2002-387.

1004.37  County or area extension programs; cooperation between counties and University of Florida and Florida Agricultural and Mechanical University.--

(1)  The Florida Cooperative Extension Service is administered through the University of Florida and is supported programmatically by the University of Florida and Florida Agricultural and Mechanical University in collaboration with individual county governments. 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, Florida Agricultural and Mechanical University, 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 University of Florida Institute of Food and Agricultural Sciences and Florida Agricultural and Mechanical University.

(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 or Florida Agricultural and Mechanical University, depending on the source of funds. It is the responsibility of the cooperative extension service to determine qualifications for positions.

(4)  Although county extension agents are jointly employed by the state universities and federal and county governments for the purposes of administration of the cooperative extension service, the personnel policies and procedures of the University of Florida or Florida Agricultural and Mechanical University, depending on appointment, will apply except in those instances when federal legislation or the basic memorandum of understanding is applicable.

(5)  The University of Florida will provide county extension personnel in the county with supervision and resources for planning and programming and is responsible for the programming process. The Florida Cooperative Extension Service 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. 182, ch. 2002-387.

1004.38  Master of science program in speech-language pathology; Florida International University.--A master of science degree program in speech-language pathology is hereby authorized at Florida International University.

History.--s. 183, ch. 2002-387.

1004.381  Nursing degree program at University of West Florida.--A bachelor of science in nursing degree program is authorized at the University of West Florida.

History.--s. 1, ch. 2002-187.

1004.382  Master's in social work program at Florida Atlantic University.--A master's in social work degree program is authorized at Florida Atlantic University.

History.--s. 2, ch. 2002-187.

1004.383  Chiropractic medicine degree program at Florida State University.--A chiropractic medicine degree program is authorized at Florida State University.

History.--s. 2, ch. 2004-2.

1004.39  College of law at Florida International University.--

(1)  A college of law is authorized at Florida International University.

(2)  The college of law at Florida International University must be operated in compliance with the standards approved by nationally recognized associations for accredited colleges of law.

(3)  The college of law at Florida International University, to the extent consistent with the standards required by the American Bar Association or any other nationally recognized association for the accreditation of colleges of law, shall develop a law library collection utilizing electronic formats and mediums.

(4)  The college of law at Florida International University shall develop and institute a program that is consistent with sound legal education principles as determined by the American Bar Association or any other nationally recognized association for the accreditation of colleges of law and that, to the extent consistent with such sound legal education principles, is structured to serve the legal needs of traditionally underserved portions of the population by providing an opportunity for participation in a legal clinic program or pro bono legal service.

(5)  The Florida International University Board of Trustees shall commence the planning of a college of law at Florida International University. In planning the college of law, the Florida International University Board of Trustees and the State Board of Education may accept grants, donations, gifts, and moneys available for this purpose, including moneys for planning and constructing the college. The Florida International University Board of Trustees may procure and accept any federal funds that are available for the planning, creation, and establishment of the college of law. Classes must commence by the fall semester 2003. If the American Bar Association or any other nationally recognized association for the accreditation of colleges of law issues a third disapproval of an application for provisional approval or for full approval or fails to grant, within 5 years following the graduation of the first class, a provisional approval, to the college of law at Florida International University, the State Board of Education shall make recommendations to the Governor and the Legislature as to whether the college of law will cease operations at the end of the full academic year subsequent to the receipt by the college of law of any such third disapproval, or whether the college of law will continue operations and any conditions for continued operations. If the college of law ceases operations pursuant to this section, the following conditions apply:

(a)  The authority for the college of law at Florida International University and the authority of the Florida International University Board of Trustees and the State Board of Education provided in this section shall terminate upon the cessation of operations of the college of law at Florida International University. The college of law at Florida International University shall receive no moneys allocated for the planning, construction, or operation of the college of law after its cessation of operations other than moneys to be expended for the cessation of operations of the college of law. Any moneys allocated to the college of law at Florida International University not expended prior to or scheduled to be expended after the date of the cessation of the college of law shall be appropriated for other use by the Legislature of the State of Florida.

(b)  Any buildings of the college of law at Florida International University constructed from the expenditure of capital outlay funds appropriated by the Legislature shall be owned by the Board of Trustees of the Internal Improvement Trust Fund and managed by the Florida International University Board of Trustees upon the cessation of the college of law.

Nothing in this section shall undermine commitments to current students receiving support as of the date of the enactment of this section from the law school scholarship program of the Florida Education Fund as provided in s. 1009.70(8). Students attending the college of law at Florida International University shall be eligible for financial, academic, or other support from the Florida Education Fund as provided in s. 1009.70(8) without the college's obtaining accreditation by the American Bar Association.

(6)  The college of law at Florida International University shall be dedicated to providing opportunities for minorities to attain representation within the legal profession proportionate to their representation in the general population; however, the college of law shall not include preferences in the admissions process for applicants on the basis of race, national origin, or gender.

History.--s. 184, ch. 2002-387.

1004.40  College of law at Florida Agricultural and Mechanical University.--

(1)  A college of law is authorized at Florida Agricultural and Mechanical University.

(2)  The college of law at Florida Agricultural and Mechanical University must be operated in compliance with the standards approved by nationally recognized associations for accredited colleges of law.

(3)  The college of law at Florida Agricultural and Mechanical University, to the extent consistent with the standards required by the American Bar Association or any other nationally recognized association for the accreditation of colleges of law, shall develop a law library collection utilizing electronic formats and mediums.

(4)  The college of law at Florida Agricultural and Mechanical University shall develop and institute a program that is consistent with sound legal education principles as determined by the American Bar Association or any other nationally recognized association for the accreditation of colleges of law and that, to the extent consistent with such sound legal education principles, is structured to serve the legal needs of traditionally underserved portions of the population by providing an opportunity for participation in a legal clinic program or pro bono legal service.

(5)  The Florida Agricultural and Mechanical University Board of Trustees shall commence the planning of a college of law under the auspices of Florida Agricultural and Mechanical University to be located in the I-4 corridor area. In planning the college of law, the Florida Agricultural and Mechanical University Board of Trustees and the State Board of Education may accept grants, donations, gifts, and moneys available for this purpose, including moneys for planning and constructing the college. The Florida Agricultural and Mechanical University Board of Trustees may procure and accept any federal funds that are available for the planning, creation, and establishment of the college of law. Classes must commence by the fall semester 2003. If the American Bar Association or any other nationally recognized association for the accreditation of colleges of law issues a third disapproval of an application for provisional approval or for full approval or fails to grant, within 5 years following the graduation of the first class, a provisional approval, to the college of law at Florida Agricultural and Mechanical University, the State Board of Education shall make recommendations to the Governor and Legislature as to whether the college of law will cease operations at the end of the full academic year subsequent to the receipt by the college of law of any such third disapproval, or whether the college of law will continue operations and any conditions for continued operations. If the college of law ceases operations of the college of law pursuant to this section, the following conditions apply:

(a)  The authority for the college of law at Florida Agricultural and Mechanical University and the authority of the Florida Agricultural and Mechanical University Board of Trustees and the State Board of Education provided in this section shall terminate upon the cessation of operations of the college of law at Florida Agricultural and Mechanical University. The college of law at Florida Agricultural and Mechanical University shall receive no moneys allocated for the planning, construction, or operation of the college of law after its cessation of operations other than moneys to be expended for the cessation of operations of the college of law. Any moneys allocated to the college of law at Florida Agricultural and Mechanical University not expended prior to or scheduled to be expended after the date of the cessation of the college of law shall be appropriated for other use by the Legislature of the State of Florida.

(b)  Any buildings of the college of law at Florida Agricultural and Mechanical University constructed from the expenditure of capital outlay funds appropriated by the Legislature shall be owned by the Board of Trustees of the Internal Improvement Trust Fund and managed by the Florida Agricultural and Mechanical University Board of Trustees upon the cessation of the college of law.

Nothing in this section shall undermine commitments to current students receiving support as of the date of the enactment of this section from the law school scholarship program of the Florida Education Fund as provided in s. 1009.70(8). Students attending the college of law at Florida Agricultural and Mechanical University shall be eligible for financial, academic, or other support from the Florida Education Fund as provided in s. 1009.70(8) without the college's obtaining accreditation by the American Bar Association.

(6)  The college of law at Florida Agricultural and Mechanical University shall be dedicated to providing opportunities for minorities to attain representation within the legal profession proportionate to their representation in the general population; however, the college of law shall not include preferences in the admissions process for applicants on the basis of race, national origin, or gender.

History.--s. 185, ch. 2002-387.

1004.41  University of Florida; J. Hillis Miller Health Center.--

(1)  There is established the J. Hillis Miller Health Center at the University of Florida, including campuses at Gainesville and Jacksonville and affiliated teaching hospitals, which shall include the following colleges:

(a)  College of Dentistry.

(b)  College of Health Professions.

(c)  College of Medicine.

(d)  College of Nursing.

(e)  College of Pharmacy.

(f)  College of Veterinary Medicine and related teaching hospitals.

(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 shall be administered by the University of Florida Board of Trustees. 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 University of Florida Board of Trustees shall lease the hospital facilities of the health center known as the Shands Teaching Hospital and Clinics 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 not-for-profit corporation organized solely for the purpose of operating the hospital and ancillary health care facilities of the health center and other health care facilities and programs determined to be necessary by the board of the nonprofit corporation. 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.

(b)  The University of Florida Board of Trustees shall provide in the lease or by separate contract or agreement with the not-for-profit corporation for the following:

1.  Approval of the articles of incorporation of the not-for-profit corporation by the University of Florida Board of Trustees and the governance of the not-for-profit corporation by a board of directors appointed and chaired by the President of the University of Florida, or his or her designee, and vice chaired by the Vice President for Health Affairs of the University of Florida.

2.  The use of hospital facilities and personnel in support of the research programs and of the teaching role of the health center.

3.  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.

4.  The use of hospital facilities and personnel in connection with research programs conducted by the health center.

5.  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 either the health center or the hospital each year by the Legislature after review and approval of the request for funds.

(c)  The University of Florida Board of Trustees 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 University of Florida Board of Trustees is authorized to provide to the not-for-profit corporation leasing the hospital facilities and its not-for-profit subsidiaries comprehensive general liability insurance including professional liability from a self-insurance trust program established pursuant to s. 1004.24.

(e)  In the event that the lease of the hospital facilities to the not-for-profit corporation is terminated for any reason, the University of Florida Board of Trustees 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 University of Florida Board of Trustees to pay the costs and expenses of operating the hospital facility for the remainder of the fiscal year in which such termination occurs.

(f)  The University of Florida Board of Trustees is authorized to provide to Shands Jacksonville Healthcare, Inc., and its not-for-profit subsidiaries and affiliates and any successor corporation that acts in support of the board of trustees, comprehensive general liability coverage, including professional liability, from the self-insurance programs established pursuant to s. 1004.24.

History.--s. 186, ch. 2002-387.

1004.42  Florida State University College of Medicine.--

(1)  CREATION.--There is hereby established a 4-year allopathic medical school within the Florida State University, to be known as the Florida State University College of Medicine, with a principal focus on recruiting and training medical professionals to meet the primary health care needs of the state, especially the needs of the state's elderly, rural, minority, and other underserved citizens.

(2)  LEGISLATIVE INTENT.--It is the intent of the Legislature that the Florida State University College of Medicine represent a new model for the training of allopathic physician healers for the citizens of the state. In accordance with this intent, the governing philosophy of the College of Medicine should include the training of students, in a humane environment, in the scientific, clinical, and behavioral practices required to deliver patient-centered health care. Key components of the College of Medicine, which would build on the foundation of the 30-year-old Florida State University Program in Medical Sciences (PIMS), would include: admission of diverse types of students who possess good communication skills and are compassionate individuals, representative of the population of the state; basic and behavioral sciences training utilizing medical problem-based teaching; and clinical training at several dispersed sites throughout the state in existing community hospitals, clinics, and doctors' offices. The Legislature further intends that study of the aging human be a continuing focus throughout the 4-year curriculum and that use of information technology be a key component of all parts of the educational program.

(3)  PURPOSE.--The College of Medicine shall be dedicated to: preparing physicians to practice primary care, geriatric, and rural medicine, to make appropriate use of emerging technologies, and to function successfully in a rapidly changing health care environment; advancing knowledge in the applied biomedical and behavioral sciences, geriatric research, autism, cancer, and chronic diseases; training future scientists to assume leadership in health care delivery and academic medicine; and providing access to medical education for groups which are underrepresented in the medical profession.

(4)  TRANSITION; ORGANIZATIONAL STRUCTURE; ADMISSIONS PROCESS.--The General Appropriations Act for fiscal year 1999-2000 included initial funding for facilities and operations to provide a transition from the Program in Medical Sciences (PIMS) to a College of Medicine at the Florida State University. For transitional purposes, the Program in Medical Sciences (PIMS) in the College of Arts and Sciences at the Florida State University shall be reorganized and restructured, as soon as practicable, as the Institute of Human Medical Sciences. At such time as the 4-year educational program development is underway and a sufficient number of basic and behavioral sciences and clinical faculty are recruited, the Institute of Human Medical Sciences shall evolve into the Florida State University College of Medicine, with appropriate departments. The current admissions procedure utilized by the Program in Medical Sciences (PIMS) shall provide the basis for the design of an admissions process for the College of Medicine, with selection criteria that focus on identifying future primary care physicians who have demonstrated interest in serving underserved areas. Enrollment levels at the College of Medicine are planned to not exceed 120 students per class, and shall be phased in from 30 students in the Program in Medical Sciences (PIMS), to 40 students admitted to the College of Medicine as the charter class in Fall 2001, and 20 additional students admitted to the College of Medicine in each class thereafter until the maximum class size is reached.

(5)  PARTNER ORGANIZATIONS FOR CLINICAL INSTRUCTION; GRADUATE PROGRAMS.--To provide broad-based clinical instruction in both rural and urban settings for students in the community-based medical education program, the College of Medicine, through creation of nonprofit corporations, shall seek affiliation agreements with health care systems and organizations, local hospitals, medical schools, and military health care facilities in the following targeted communities: Pensacola, Tallahassee, Orlando, Sarasota, Jacksonville, and the rural areas of the state. Selected hospitals in the target communities include, but are not limited to, the following:

(a)  Baptist Health Care in Pensacola.

(b)  Sacred Heart Health System in Pensacola.

(c)  West Florida Regional Medical Center in Pensacola.

(d)  Tallahassee Memorial Healthcare in Tallahassee.

(e)  Florida Hospital Health System in Orlando.

(f)  Sarasota Memorial Health Care System in Sarasota.

(g)  Mayo Clinic in Jacksonville.

(h)  Lee Memorial Health System, Inc., in Fort Myers.

(i)  Rural hospitals in the state.

The College of Medicine shall also explore all alternatives for cooperation with established graduate medical education programs in the state to develop a plan to retain its graduates in residency programs in Florida.

(6)  ACCREDITATION.--The College of Medicine shall develop a program which conforms to the accreditation standards of the Liaison Committee on Medical Education (LCME).

(7)  CURRICULA; CLINICAL ROTATION TRAINING SITES.--

(a)  The preclinical curriculum shall draw on the Florida State University's Program in Medical Sciences (PIMS) experience and national trends in basic and behavioral sciences instruction, including use of technology for distributed and distance learning. First-year instruction shall include a lecture mode and problem-based learning. In the second year, a small-group, problem-based learning approach shall provide more advanced treatment of each academic subject in a patient-centered context. Various short-term clinical exposures shall be programmed throughout the preclinical years, including rural, geriatric, and minority health, and contemporary practice patterns in these areas.

(b)  During the third and fourth years, the curriculum shall follow a distributed, community-based model with a special focus on rural health. Subgroups of students shall be assigned to clinical rotation training sites in local communities in roughly equal numbers, as follows:

1.  Group 1--Tallahassee.

2.  Group 2--Pensacola.

3.  Group 3--Orlando.

4.  Group 4--Sarasota.

5.  Group 5--Jacksonville.

6.  Group 6--To be determined prior to 2005, based on emerging state needs.

7.  Group 7--Rural Physician Associate Program (RPAP).

(8)  MEDICAL NEEDS OF THE ELDERLY.--The College of Medicine shall develop a comprehensive program to ensure training in the medical needs of the elderly and incorporate principles embodied in the curriculum guidelines of the American Geriatric Society. The College of Medicine shall have as one of its primary missions the improvement of medical education for physicians who will treat elder citizens. To accomplish this mission, the College of Medicine shall establish an academic leadership position in geriatrics, create an external elder care advisory committee, and implement an extensive faculty development plan. For student recruitment purposes, the current Program in Medical Sciences (PIMS) selection criteria shall be expanded to include consideration of students who have expressed an interest in elder care and who have demonstrated, through life choices, a commitment to serve older persons.

(9)  MEDICAL NEEDS OF UNDERSERVED AREAS.--To address the medical needs of the state's rural and underserved populations, the College of Medicine shall develop a Department of Family Medicine with a significant rural training track that provides students with early and frequent clinical experiences in community-based settings to train and produce highly skilled primary care physicians. The College of Medicine shall consider developing new, rural-based family practice clinical training programs and shall establish a partnership with the West Florida Area Health Education Center to assist in developing partnerships and programs to provide incentives and support for physicians to practice in primary care, geriatric, and rural medicine in underserved areas of the state.

(10)  INCREASING PARTICIPATION OF UNDERREPRESENTED GROUPS.--To increase the participation of underrepresented groups and socially and economically disadvantaged youth in science and medical programs, the College of Medicine shall continue the outreach efforts of the Program in Medical Sciences (PIMS) to middle and high school minority students, including the Science Students Together Reaching Instructional Diversity and Excellence (SSTRIDE), and shall build an endowment income to support recruitment programs and scholarship and financial aid packages for these students. To develop a base of qualified potential medical school candidates from underrepresented groups, the College of Medicine shall coordinate with the undergraduate premedical and science programs currently offered at the Florida State University, develop relationships with potential feeder institutions, including 4-year institutions and community colleges, and pursue grant funds to support programs, as well as support scholarship and financial aid packages. The College of Medicine shall develop plans for a postbaccalaureate, 1-year academic program that provides a second chance to a limited number of students per year who have been declined medical school admission, who are state residents, and who meet established criteria as socially and economically disadvantaged. The College of Medicine shall make every effort, through recruitment and retention, to employ a faculty and support staff that reflect the heterogeneous nature of the state's general population.

(11)  TECHNOLOGY.--To create technology-rich learning environments, the College of Medicine shall build on the considerable infrastructure that already supports the many technology resources of the Florida State University and shall expand the infrastructure to conduct an effective medical education program, including connectivity between the main campus, community-based training locations, and rural clinic locations. Additional technology programs shall include extensive professional development opportunities for faculty; an on-line library of academic and medical resources for students, faculty, and community preceptors; and technology-sharing agreements with other medical schools to allow for the exchange of technology applications among medical school faculty for the purpose of enhancing medical education. The College of Medicine shall explore the opportunities afforded by Mayo Clinic in Jacksonville through clerkships, visiting professors or lectures through the existing telecommunications systems, and collaboration in research activities at the Mayo Clinic's Jacksonville campus.

(12)  ADMINISTRATION; FACULTY.--Each of the major community-based clinical rotation training sites described in subsection (7) shall have a community dean and a student affairs/administrative officer. Teaching faculty for the community-based clinical training component shall be community physicians serving part-time appointments. Sixty faculty members shall be recruited to serve in the basic and behavioral sciences department. The College of Medicine shall have a small core staff of on-campus, full-time faculty and administrators at the Florida State University, including a dean, a senior associate dean for educational programs, an associate dean for clinical education, a chief financial/administrative officer, an admissions/student affairs officer, an instructional resources coordinator, a coordinator for graduate and continuing medical education, and several mission focus coordinators.

(13)  COLLABORATION WITH OTHER PROFESSIONALS.--To provide students with the skills, knowledge, and values needed to practice medicine in the evolving national system of health care delivery, the College of Medicine shall fully integrate modern health care delivery concepts into its curriculum. For this purpose, the College of Medicine shall develop a partnership with one or more health care organizations in the state and shall recruit faculty with strong health care delivery competencies. Faculty from other disciplines at the Florida State University shall be utilized to develop team-based approaches to core competencies in the delivery of health care.

(14)  INDEMNIFICATION FROM LIABILITY.--This section shall be construed to authorize the Florida State University Board of Trustees to negotiate and purchase policies of insurance to indemnify from any liability those individuals or entities providing sponsorship or training to the students of the medical school, professionals employed by the medical school, and students of the medical school.

History.--s. 187, ch. 2002-387.

1004.43  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 State Board of Education 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 State Board of Education and the not-for-profit corporation. The not-for-profit corporation may, with the prior approval of the State Board of Education, create either for-profit or not-for-profit corporate subsidiaries, or both, to fulfill its mission. For-profit subsidiaries of the not-for-profit corporation may not compete with for-profit health care providers in the delivery of radiation therapy services to patients. The not-for-profit corporation and its subsidiaries are authorized to receive, hold, invest, and administer property and any moneys received from private, local, 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 State Board of Education, or his or her designee, shall be directors of the not-for-profit corporation, together with 5 representatives of the state universities 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 State Board of Education, 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 State Board of Education 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 State Board of Education.

(b)  Approval of the articles of incorporation of any not-for-profit corporate subsidiary created by the not-for-profit corporation.

(c)  Utilization of lands, facilities, and personnel by the not-for-profit corporation and its subsidiaries for research, education, treatment, prevention, and the early detection of cancer and 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 financial audit of the not-for-profit corporation's accounts and records and the accounts and records of any subsidiaries to be conducted by an independent certified public accountant. The annual audit report shall include a management letter, as defined in s. 11.45, and shall be submitted to the Auditor General and the State Board of Education. The State Board of Education, the Auditor General, and the Office of Program Policy Analysis and Government Accountability 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 State Board of Education is authorized to secure comprehensive general liability protection, including professional liability protection, for the not-for-profit corporation and its subsidiaries pursuant to s. 1004.24. The not-for-profit corporation and its subsidiaries shall be exempt from any participation in any property insurance trust fund established by law, including any property insurance trust fund established pursuant to chapter 284, so long as the not-for-profit corporation and its subsidiaries maintain property insurance protection with comparable or greater coverage limits.

(4)  In the event that the agreement between the not-for-profit corporation and the State Board of Education is terminated for any reason, the State Board of Education shall resume governance and operation of said facilities.

(5)  The institute shall be administered by a chief executive officer 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 chief executive officer shall establish programs which fulfill the mission of the institute in research, education, treatment, prevention, and the early detection of cancer; however, the chief executive officer 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 State Board of Education.

(b)  The chief executive officer shall have control over the budget and the dollars appropriated or donated to the institute from private, local, 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 chief executive officer and the appropriate university dean or vice president.

(c)  The chief executive officer 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 chief executive officer shall have control over the use and assignment of space and equipment within the facilities.

(e)  The chief executive officer shall have the power to create the administrative structure necessary to carry out the mission of the institute.

(f)  The chief executive officer shall have a reporting relationship to the Commissioner of Education.

(g)  The chief executive officer 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 State Board of Education.

(6)  The board of directors of the not-for-profit corporation shall create a council of scientific advisers to the chief executive officer 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. 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, the Office of Program Policy Analysis and Government Accountability, and the State Board of Education, 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, 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.

As used in this paragraph, the term "managed care" means systems or techniques generally used by third-party payors or their agents to affect access to and control payment for health care services. Managed-care techniques most often include one or more of the following: prior, concurrent, and retrospective review of the medical necessity and appropriateness of services or site of services; contracts with selected health care providers; financial incentives or disincentives related to the use of specific providers, services, or service sites; controlled access to and coordination of services by a case manager; and payor efforts to identify treatment alternatives and modify benefit restrictions for high-cost patient care.

(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.

(10)  In addition to the continuing appropriation to the institute provided in s. 210.20(2), any appropriation to the institute provided in a general appropriations act shall be paid directly to the board of directors of the not-for-profit corporation by warrant drawn by the Chief Financial Officer from the State Treasury.

History.--s. 188, ch. 2002-387; s. 4, ch. 2004-2.

1004.435  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 State Board of Education 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 of Representatives; 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 State Board of Education, 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 State Board of Education 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 State Board of Education 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 State Board of Education 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 STATE BOARD OF EDUCATION, THE H. LEE MOFFITT CANCER CENTER AND RESEARCH INSTITUTE, INC., AND THE SECRETARY.--

(a)  The State Board of Education 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 State Board of Education 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 State Board of Education or the secretary.

History.--s. 189, ch. 2002-387.

1004.44  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 university's 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.

History.--s. 190, ch. 2002-387.

1004.445  Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute.--

(1)  The Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute is established at the University of South Florida.

(2)(a)  The State Board of Education 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 Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute, including all furnishings, equipment, and other chattels used in the operation of those facilities, with a Florida not-for-profit corporation organized solely for the purpose of governing and operating the Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute. This not-for-profit corporation, acting as an instrumentality of the state, shall govern and operate the Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute in accordance with the terms of the agreement between the State Board of Education and the not-for-profit corporation. The not-for-profit corporation may, with the prior approval of the State Board of Education, create either for-profit or not-for-profit corporate subsidiaries, or both, to fulfill its mission. The not-for-profit corporation and its subsidiaries are authorized to receive, hold, invest, and administer property and any moneys acquired from private, local, 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.

(b)1.  The affairs of the not-for-profit corporation shall be managed by a board of directors who shall serve without compensation. The board of directors shall consist of the President of the University of South Florida and the chair of the State Board of Education, or their designees, 5 representatives of the state universities, and no fewer than 9 nor more than 14 representatives of the public who are neither medical doctors nor state employees. Each director who is a representative of a state university or of the public shall be appointed to serve a term of 3 years. The chair of the board of directors shall be selected by a majority vote of the directors. Each director shall have only one vote.

2.  The initial board of directors shall consist of the President of the University of South Florida and the chair of the State Board of Education, or their designees; the five university representatives, of whom one shall be appointed by the Governor, two by the President of the Senate, and two by the Speaker of the House of Representatives; and nine public representatives, of whom three shall be appointed by the Governor, three by the President of the Senate, and three by the Speaker of the House of Representatives. Upon the expiration of the terms of the initial appointed directors, all directors subject to 3-year terms of office under this paragraph shall be appointed by a majority vote of the directors and the board may be expanded to include additional public representative directors up to the maximum number allowed. Any vacancy in office shall be filled for the remainder of the term by majority vote of the directors. Any director may be reappointed.

(3)  The State Board of Education shall provide in the agreement with the not-for-profit corporation for the following:

(a)  Approval by the State Board of Education of the articles of incorporation of the not-for-profit corporation.

(b)  Approval by the State Board of Education of the articles of incorporation of any not-for-profit corporate subsidiary created by the not-for-profit corporation.

(c)  Utilization of lands, facilities, and personnel by the not-for-profit corporation and its subsidiaries for research, education, treatment, prevention, and the early detection of Alzheimer's disease and 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 financial audit pursuant to s. 11.45 of the not-for-profit corporation's accounts and the 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 State Board of Education for review. The State Board of Education, the Auditor General, and the Office of Program Policy Analysis and Government Accountability 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 for all persons regardless of race, color, religion, gender, age, or national origin.

(4)  The State Board of Education is authorized to secure comprehensive general liability protection, including professional liability protection, for the not-for-profit corporation and its subsidiaries, pursuant to s. 1004.24. The not-for-profit corporation and its subsidiaries shall be exempt from any participation in any property insurance trust fund established by law, including any property insurance trust fund established pursuant to chapter 284, so long as the not-for-profit corporation and its subsidiaries maintain property insurance protection with comparable or greater coverage limits.

(5)  In the event that the agreement between the not-for-profit corporation and the State Board of Education is terminated for any reason, the State Board of Education shall assume governance and operation of the facilities.

(6)  The institute shall be administered by a chief executive officer, who shall be appointed by and serve at the pleasure of the board of directors of the not-for-profit corporation, and who shall exercise the following powers and duties, subject to the approval of the board of directors:

(a)  The chief executive officer shall establish programs that fulfill the mission of the institute in research, education, treatment, prevention, and early detection of Alzheimer's disease; however, the chief executive officer may not establish academic programs for which academic credit is awarded and which culminate in the conferring of a degree, without prior approval of the State Board of Education.

(b)  The chief executive officer shall have control over the budget and the moneys appropriated or donated to the institute from private, local, 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 chief executive officer and the appropriate university dean or vice president.

(c)  The chief executive officer shall appoint representatives of the institute to carry out the research, patient care, and educational activities of the institute and establish the compensation, benefits, and terms of service of such representatives. Representatives 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 chief executive officer shall have control over the use and assignment of space and equipment within the facilities.

(e)  The chief executive officer shall have the power to create the administrative structure necessary to carry out the mission of the institute.

(f)  The chief executive officer shall have a reporting relationship to the Commissioner of Education.

(g)  The chief executive officer 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 State Board of Education.

(7)  The board of directors of the not-for-profit corporation shall create a council of scientific advisers to the chief executive officer comprised of leading researchers, physicians, and scientists. The council shall review programs and recommend research priorities and initiatives to maximize the state's investment in the institute. The members of the council shall be appointed by the board of directors of the not-for-profit corporation. Each member of the council shall be appointed to serve a 2-year term and may be reappointed to the council.

(8)  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).

(9)  The following information is confidential and exempt from the provisions of s. 119.07(1) and s. 24, Art. I of the State Constitution:

(a)  Personal identifying information relating to clients of programs created or funded through the Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute which is held by the institute, University of South Florida, or State Board of Education or by persons who provide services to clients of programs created or funded through contracts with the Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute;

(b)  Any medical or health records relating to patients which may be created or received by the institute;

(c)  Materials that relate to methods of manufacture or production, potential trade secrets, potentially patentable material, actual trade secrets as defined in s. 688.002, or proprietary information received, generated, ascertained, or discovered during the course of research conducted by or through the institute and business transactions resulting from such research;

(d)  The identity of a donor or prospective donor to the Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute who wishes to remain anonymous, and all information identifying such donor or prospective donor;

(e)  Any information received by the institute in the performance of its duties and responsibilities which is otherwise confidential and exempt by law; and

(f)  Any information received by the institute from a person from another state or nation or the Federal Government which is otherwise confidential or exempt pursuant to that state's or nation's laws or pursuant to federal law.

Any governmental entity that demonstrates a need to access such confidential and exempt information in order to perform its duties and responsibilities shall have access to such information and shall otherwise keep such information confidential and exempt. This section is subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15 and shall stand repealed on October 2, 2006, unless reviewed and saved from repeal through reenactment by the Legislature.

(10)  Any appropriation to the institute provided in a general appropriations act shall be paid directly to the board of directors of the not-for-profit corporation by warrant drawn by the Chief Financial Officer from the State Treasury.

History.--s. 191, ch. 2002-387; s. 2, ch. 2002-389; s. 1, ch. 2002-396; s. 5, ch. 2004-2; s. 44, ch. 2004-41.

1004.447  Florida Institute for Human and Machine Cognition, Inc.--

(1)(a)  There is created a not-for-profit corporation, to be known as the "Florida Institute for Human and Machine Cognition, Inc.," which shall be registered, incorporated, organized, and operated in compliance with chapter 617. The Florida Institute for Human and Machine Cognition, Inc., is established at the University of West Florida.

(b)  The corporation is authorized to create not-for-profit corporate subsidiaries that are organized under the provisions of chapter 617 upon the prior approval of the Board of Governors, as necessary, to fulfill its mission.

(2)  The corporation and any authorized and approved subsidiary:

(a)  Shall be a corporation primarily acting as an instrumentality of the state, pursuant to s. 768.28(2), for purposes of sovereign immunity.

(b)  Is not an agency within the meaning of s. 20.03(11).

(c)  Is subject to the open records and meeting requirements of s. 24, Art. I of the State Constitution, chapter 119, and s. 286.011.

(d)  May receive, hold, invest, and administer property and any moneys acquired from private, local, 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.

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

(f)  May secure comprehensive general liability protection, including professional liability protection, for the not-for-profit corporation and its subsidiaries.

(g)  May enter into affiliation agreements with other universities or research institutes.

(h)  Is not subject to the provisions of chapter 287.

(3)  The officers, directors, and employees of the corporation or any authorized and approved subsidiary shall be governed by the code of ethics for public officers and employees as set forth in part III of chapter 112.

(4)  The articles of incorporation of the corporation or any authorized and approved subsidiary must be approved in a written agreement by the Board of Governors. The agreement and the articles of incorporation shall:

(a)  Provide that the corporation and any authorized and approved subsidiary shall provide equal employment opportunities for all persons regardless of race, color, religion, gender, national origin, age, handicap, or marital status.

(b)  Provide that the corporation and any authorized and approved subsidiary are subject to the public records and meeting requirements of s. 24, Art. I of the State Constitution.

(c)  Provide that all officers, directors, and employees of the corporation and any authorized and approved subsidiary shall be governed by the code of ethics for public officers and employees as set forth in part III of chapter 112.

(d)  Provide that members of the board of directors of the corporation are responsible for the prudent use of all public and private funds and that they will ensure that the use of funds is in accordance with all applicable laws, bylaws, and contractual requirements.

(e)  Provide that the fiscal year of the corporation and any authorized and approved subsidiary is from July 1 to June 30.

(5)  The affairs of the corporation shall be managed by a board of directors who shall serve without compensation. Each director shall have only one vote.

(a)  The board of directors shall consist of:

1.  The chair of the Board of Governors or the chair's designee.

2.  The chair of the Board of Trustees of the University of West Florida or the chair's designee.

3.  The President of the University of West Florida or the president's designee.

4.  Three state university representatives.

5.  Nine public representatives who are neither state university employees nor state employees.

(b)  The Governor, the President of the Senate, and the Speaker of the House of Representatives shall each make one initial appointment of a state university representative to the board of directors. Each director who is a representative of a state university shall be appointed for an initial term of 3 years. The Governor shall make three initial appointments of public representatives to the board of directors. The President of the Senate and the Speaker of the House of Representatives shall each make two initial appointments of public representatives to the board of directors. The chair of the Board of Trustees of the University of West Florida shall make two initial appointments of public representatives to the board of directors. Each director who is a representative of the public shall be appointed to serve an initial term of 2 years.

(c)  Upon the completion of the initial terms, a director appointed under paragraph (b) shall be appointed by a majority vote of the directors to an additional 3-year term.

(d)  Any vacancy in office of a director appointed under paragraph (b) shall be filled for the remainder of the term by majority vote of the directors.

(e)  Any director may be reappointed by a majority vote of the board of directors.

(f)  The chair of the board of directors shall be selected by a majority vote of the directors, a quorum being present.

(6)  No later than 30 days following approval of the corporation's articles of incorporation by the Board of Governors, the corporation shall enter into an affiliation agreement with the Board of Trustees of the University of West Florida for:

(a)  The use or mutual provision of or participation in university programs or services, including use of the university's moneys, facilities, furnishings, equipment, other chattels, personnel, or services.

(b)  The use of facilities and personnel for mutually approved teaching and research programs conducted by universities or research institutes.

(c)  The preparation of an annual postaudit of the corporation's financial accounts and the financial accounts of any authorized and approved subsidiary to be conducted by an independent certified public accountant. The annual audit report shall include management letters and be submitted to the Auditor General and the Board of Governors for review.

(d)  Use of the facilities of the University of West Florida, including all furnishings, equipment, and other chattels used in the operation of those facilities.

If the agreement between the corporation and the Board of Trustees of the University of West Florida is terminated, all property, including buildings, land, furnishings, equipment, and other chattels originally leased to the corporation, as well as any subsequently constructed or otherwise acquired facilities in connection with the operation of the institute, automatically reverts to full ownership by the University of West Florida. Such a reversionary interest of the state in all after-acquired facilities of the corporation is in furtherance of the goals of this section, and such a present ownership interest by the university is a continuing and insurable public interest.

(7)  The corporation shall employ a chief executive officer to administer the affairs of the Florida Institute for Human and Machine Cognition, Inc. The chief executive officer shall be appointed by and serve at the pleasure of the board of directors. The chief executive officer shall exercise the following powers and duties, subject to the approval of the board of directors:

(a)  Establish programs that fulfill the mission of the institute, as one of the nation's premier information-technology-related research organizations, in research, education, scientific advancement, and economic development. However, the chief executive officer may not establish academic programs for which academic credit is awarded, or programs that culminate in the conferring of a degree, without prior approval of the University of West Florida.

(b)  Control the budget and the moneys appropriated or donated to the institute from private, local, state, and federal sources, as well as technical and professional income generated or derived from research activities of the institute. However, income generated by university faculty from research activities at the institute shall be shared between the institute and the university, as determined by the chief executive officer and the appropriate university president or the president's designee.

(c)  Appoint representatives of the institute to carry out the research and educational activities of the institute and establish the compensation, benefits, and terms of service of such representatives. Representatives may hold concurrent appointments at affiliated academic institutions. University faculty may hold concurrent appointments at the institute.

(d)  Control the use and assignment of space and equipment within the facilities.

(e)  Create the administrative structure necessary to carry out the mission of the institute.

(f)  Annually report in writing to the Commissioner of Education on the activities of the institute and state budget allocation expenditures.

(g)  Provide a copy of the institute's annual report to the Governor, the President of the Senate, the Speaker of the House of Representatives, the chair of the Board of Governors, and the University of West Florida.

(h)  Appoint a council of scientific advisers to the chief executive officer comprised of leading researchers and scientists who shall review programs and recommend research priorities and initiatives to maximize the state's investment in the institute.

1.  The board of directors shall ratify the appointments of scientific advisers to the council.

2.  Each member of the council shall be appointed to serve a 2-year term and may be reappointed.

(8)  The Board of Governors, the Board of Trustees of the University of West Florida, the Auditor General, and the Office of Program Policy Analysis and Government Accountability may require and receive from the corporation and any subsidiary, or from their independent auditor, any detail or supplemental data relative to the operation of the corporation or subsidiary.

(9)  The Board of Trustees of the University of West Florida shall annually certify to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Board of Governors that the corporation and its authorized subsidiaries are complying with the requirements of this section and are acting in the best interests of the state.

History.--s. 1, ch. 2003-294.

1004.4471  Florida Institute for Human and Machine Cognition; affiliation with other universities.--The corporation created pursuant to s. 1004.447(1) may enter into affiliation agreements similar to the agreement described in s. 1004.447(6) with the boards of trustees of other public or private universities.

History.--s. 2, ch. 2003-294.

1004.4472  Florida Institute for Human and Machine Cognition, Inc.; public records exemption; public meetings exemption.--

(1)  The following information held by the Florida Institute for Human and Machine Cognition, Inc., or an authorized subsidiary of the corporation, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution:

(a)  Material relating to methods of manufacture or production, potential trade secrets, patentable material, actual trade secrets as defined in s. 688.002 or proprietary information received, generated, ascertained, or discovered during the course of research conducted by or through the Florida Institute for Human and Machine Cognition, Inc., and its subsidiaries, and business transactions resulting from such research.

(b)  Any information received by the corporation or a subsidiary from a person from another state or nation or the Federal Government which is otherwise exempt or confidential pursuant to the laws of that state or nation or pursuant to federal law.

(c)  Any information received by the corporation or a subsidiary in the performance of its duties and responsibilities which is otherwise confidential and exempt by law.

(d)  All identifying information of a donor or prospective donor to the corporation or a subsidiary who wishes to remain anonymous.

(2)  The corporation or its subsidiary shall permit any governmental entity to inspect or copy confidential and exempt information held by the corporation or its subsidiary which is necessary for that governmental entity to perform its duties and responsibilities. Any governmental entity that is permitted to inspect or copy confidential and exempt information held by the corporation or a subsidiary shall maintain the confidential and exempt status of that information.

(3)  That portion of a meeting of the corporation or a subsidiary at which information is presented or discussed which is confidential and exempt pursuant to subsection (1) is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution.

(4)  This section is subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15 and shall stand repealed on October 2, 2009, unless reviewed and saved from repeal through reenactment by the Legislature.

History.--s. 1, ch. 2004-358.

1004.45  Ringling Center for Cultural Arts.--

(1)  The Florida State University Ringling Center for Cultural Arts is created. The center consists of the following properties located in Sarasota County:

(a)  The John and Mable Ringling Museum of Art composed of:

1.  The art museum.

2.  The Ca' d'Zan (the Ringling residence).

3.  The Ringling Museum of the Circus.

(b)  The Florida State University Center for the Fine and Performing Arts, including the Asolo Theater and the Florida State University Center for the Performing Arts, both of which shall provide for academic programs in theatre, dance, art, art history, and museum management.

The center shall be operated by the Florida State University, which shall be charged with encouraging participation by K-12 schools and by other postsecondary educational institutions, public and private, in the educational and cultural enrichment programs of the center.

(2)(a)  The John and Mable Ringling Museum of Art is designated as the official Art Museum of the State of Florida. The purpose and function of the museum is to maintain and preserve all objects of art and artifacts donated to the state through the will of John Ringling; to acquire and preserve objects of art or artifacts of historical or cultural significance; to exhibit such objects to the public; to undertake scholarly research and publication, including that relating to the collection; to provide educational programs for students at K-12 schools and those in college and graduate school and enrichment programs for children and adults; to assist other museums in the state and nation through education programs and through loaning objects from the collection when such loans do not threaten the safety and security of the objects; to enhance knowledge and appreciation of the collection; and to engage in other activities related to visual arts which benefit the public. The museum shall also engage in programs on the national and international level to enhance further the cultural resources of the state.

(b)  The Florida State University shall approve a John and Mable Ringling Museum of Art direct-support organization. Such direct-support organization shall consist of no more than 31 members appointed by the president of the university from a list of nominees provided by the Ringling direct-support organization. No fewer than one-third of the members must be residents of Sarasota and Manatee Counties, and the remaining members may reside elsewhere. The current members of the Board of Trustees of the John and Mable Ringling Museum of Art may be members of the direct-support organization. They shall develop a charter and bylaws to govern their operation, and these shall be subject to approval by the Florida State University.

(c)  The John and Mable Ringling Museum of Art direct-support organization, operating under the charter and bylaws and such contracts as are approved by the university, shall set policies to maintain and preserve the collections of the Art Museum; the Circus Museum; the furnishings and objects in the Ringling home, referred to as the Ca' d'Zan; and other objects of art and artifacts in the custody of the museum. Title to all such collections, art objects, and artifacts of the museums and its facilities shall remain with the Florida State University, which shall assign state registration numbers to, and conduct annual inventories of, all such properties. The direct-support organization shall develop policy for the museum, subject to the provisions of the John Ringling will and the overall direction of the president of the university; and it is invested with power and authority to nominate a museum director who is appointed by and serves at the pleasure of the president of the university and shall report to the provost of the university or his or her designee. The museum director, with the approval of the provost or his or her designee, shall appoint other employees in accordance with Florida Statutes and rules; remove the same in accordance with Florida Statutes and rules; provide for the proper keeping of accounts and records and budgeting of funds; enter into contracts for professional programs of the museum and for the support and maintenance of the museum; secure public liability insurance; and do and perform every other matter or thing requisite to the proper management, maintenance, support, and control of the museum at the highest efficiency economically possible, while taking into consideration the purposes of the museum.

(d)  Notwithstanding the provision of s. 287.057, the John and Mable Ringling Museum of Art direct-support organization may enter into contracts or agreements with or without competitive bidding, in its discretion, for the restoration of objects of art in the museum collection or for the purchase of objects of art that are to be added to the collection.

(e)  Notwithstanding s. 273.055, the university may sell any art object in the museum collection, which object has been acquired after 1936, if the director and the direct-support organization recommend such sale to the president of the university and if they first determine that the object is no longer appropriate for the collection. The proceeds of the sale shall be deposited in the Ringling Museum Art Acquisition, Restoration, and Conservation Trust Fund. The university also may exchange any art object in the collection, which object has been acquired after 1936, for an art object or objects that the director and the museum direct-support organization recommend to the university after judging these to be of equivalent or greater value to the museum.

(f)  An employee or member of the museum direct-support organization may not receive a commission, fee, or financial benefit in connection with the sale or exchange of a work of art and may not be a business associate of any individual, firm, or organization involved in the sale or exchange.

(g)  The university, in consultation with the direct-support organization, shall establish policies and may adopt rules for the sale or exchange of works of art.

(h)  The John and Mable Ringling Museum of Art direct-support organization shall provide for an annual financial audit in accordance with s. 1004.28(5). Florida State University is authorized to require and receive from the direct-support organization, or from its independent auditor, any detail or supplemental data relative to the operation of such organization. Information that, if released, would identify donors who desire to remain anonymous, is confidential and exempt from the provisions of s. 119.07(1). Information that, if released, would identify prospective donors is confidential and exempt from the provisions of s. 119.07(1) when the direct-support organization has identified the prospective donor itself and has not obtained the name of the prospective donor by copying, purchasing, or borrowing names from another organization or source. Identities of such donors and prospective donors shall not be revealed in the auditor's report.

(i)  The direct-support organization is given authority to make temporary loans of paintings and other objects of art or artifacts belonging to the John and Mable Ringling Museum of Art for the purpose of public exhibition in art museums, other museums, or institutions of higher learning wherever located, including such museums or institutions in other states or countries. Temporary loans may also be made to the executive mansion in Tallahassee, chapters and affiliates of the John and Mable Ringling Museum of Art, and, for education purposes, to schools, public libraries, or other institutions in the state, if such exhibition will benefit the general public as the university deems wise and for the best interest of the John and Mable Ringling Museum of Art and under policies established by Florida State University for the protection of the paintings and other objects of art and artifacts. In making temporary loans, the direct-support organization shall give first preference to art museums, other museums, and institutions of higher learning.

(j)  Notwithstanding any other provision of law, the John and Mable Ringling Museum of Art direct-support organization is eligible to match state funds in the Trust Fund for University Major Gifts established pursuant to s. 1011.94 as follows:

1.  For the first $1,353,750, matching shall be on the basis of 75 cents in state matching for each dollar of private funds.

2.  For additional funds, matching shall be provided on the same basis as is authorized in s. 1011.94.

History.--s. 192, ch. 2002-387; s. 117, ch. 2003-1.

1004.46  Multidisciplinary Center for Affordable Housing.--

(1)  The Multidisciplinary Center for Affordable Housing is established 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 state universities. 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. 193, ch. 2002-387.

1004.47  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 State Board of Education. 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 Commissioner of Education and chaired and directed by an individual appointed by the Commissioner of Education. The State Board of Education 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.

(3)  Technologies for disposing of solid and hazardous waste.

History.--s. 194, ch. 2002-387.

1004.48  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. 195, ch. 2002-387.

1004.49  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.--s. 196, ch. 2002-387.

1004.50  Institute on Urban Policy and Commerce.--

(1)  There is created the Institute on Urban Policy and Commerce as a Type I Institute 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. 197, ch. 2002-387.

1004.51  Community and Faith-based Organizations Initiative; Community and Library Technology Access Partnership.--

(1)  CREATION.--There is created the Community and Faith-based Organizations Initiative which shall be administered by the Institute on Urban Policy and Commerce at Florida Agricultural and Mechanical University and the Community and Library Technology Access Partnership which shall be administered by the Division of Library and Information Services of the Department of State.

(2)  INTENT.--The purpose of the initiative is to promote community development in low-income communities through partnerships with not-for-profit community and faith-based organizations. The purpose of the partnership is to encourage public libraries eligible for e-rate discounted telecommunications services to partner with community and faith-based organizations to provide technology access and training to assist other state efforts to close the digital divide.

(3)  AUTHORIZED ACTIVITIES.--

(a)  Authorized activities of the initiative.--The Institute on Urban Policy and Commerce at Florida Agricultural and Mechanical University may conduct the following activities as part of the Community and Faith-based Organizations Initiative:

1.  Create and operate training programs to enhance the professional skills of individuals in community and faith-based organizations.

2.  Create and operate a program to select and place students and recent graduates from business and related professional schools as interns with community and faith-based organizations for a period not to exceed 1 year, and provide stipends for such interns.

3.  Organize an annual conference for community and faith-based organizations to discuss and share information on best practices regarding issues relevant to the creation, operation, and sustainability of these organizations.

4.  Provide funding for the development of materials for courses on topics in the area of community development, and for research on economic, operational, and policy issues relating to community development.

5.  Provide financial assistance to community and faith-based organizations through small grants for partnerships with universities and the operation of programs to build strong communities and future community development leaders. The Institute on Urban Policy and Commerce at Florida Agricultural and Mechanical University shall develop selection criteria for awarding such grants which are based on the goals of the initiative.

The institute, to the maximum extent possible, shall leverage state funding for the initiative with any federal funding that the institute may receive to support similar community-based activities.

(b)  Authorized activities of the partnership.--The Division of Library and Information Services of the Department of State may conduct the following activities as part of the Community and Library Technology Access Partnership:

1.  Provide funding for e-rate eligible public libraries to provide technology access and training to community and faith-based organizations. Funding provided under this subparagraph must be for eligible public libraries in distressed communities in the state. The division shall consult with the Institute on Urban Policy and Commerce to identify such communities and to develop criteria to be used in evaluating funding proposals. The division shall coordinate with the institute to ensure that, to the maximum extent possible, the division and the institute leverage their resources under the programs authorized by this section in order to focus efforts on addressing the most distressed communities in the state. The division shall include a representative of the institute on a review team to evaluate funding proposals under this subparagraph.

2.  Provide a method of assessment and outcome measurement for e-rate eligible public libraries to assess progress in closing the digital divide and in training for individuals to succeed in the emerging information economy.

(4)  ELIGIBILITY.--A community or faith-based organization receiving funding or other assistance under the Community and Faith-based Organizations Initiative or the Community Library Technology Access Partnership must be a nonprofit organization holding a current exemption from federal taxation under s. 501(c)(3) or (4) of the Internal Revenue Code. Funding under this section shall not be used for religious or sectarian purposes.

History.--s. 198, ch. 2002-387.

1004.52  Community computer access grant program.--

(1)  The Legislature finds that there is a growing digital divide in the state, manifested in the fact that many youths from distressed urban communities do not possess the degree and ease of access to computers and information technologies which youths in other communities in the state possess. This disparity in access to rapidly changing and commercially significant technologies has a negative impact on the educational, workforce development, and employment competitiveness of these needy youths, and thereby impedes the economic development of the distressed urban communities in which these youths reside. Although many public libraries offer users access to computers and are increasingly making library materials available to the public through electronic means, many youths from distressed urban communities do not live near a library that has such technology and do not have computers to access Internet-based virtual libraries. Neighborhood organizations, such as churches, are more likely, however, to be located in closer proximity to the homes of these youths than are educational institutions or libraries, and these youths are more likely to gain the desirable computer access at church-related or other neighborhood facilities than at other institutions. The Legislature therefore finds that a public purpose is served in enhancing the ability of youths from these communities to have access to computers and the Internet within the neighborhoods in which they reside.

(2)  Subject to legislative appropriation, there is created the Community High-Technology Investment Partnership (CHIP) program to assist distressed urban communities in securing computers for access by youths between the ages of 5 years and 18 years who reside in these communities. The program shall be administered by the Institute on Urban Policy and Commerce at Florida Agricultural and Mechanical University pursuant to a performance-based contract with the Division of Library and Information Services of the Department of State. The division shall develop performance measures, standards, and sanctions for the program. Performance measures must include, but are not limited to: the number of youths obtaining access to computers purchased under this program; the number of hours computers are made available to youths; and the number of hours spent by youths on computers purchased under this program for educational purposes. The administrative costs for administration of this program cannot exceed 10 percent of the amount appropriated to the division for the program.

(3)(a)  Under this program, neighborhood facilities, through their governing bodies, may apply to the institute for grants to purchase computers that will be available for use by eligible youths who reside in the immediate vicinity of the neighborhood facility. For purposes of this program, eligible neighborhood facilities include, but are not limited to, facilities operated by:

1.  Units of local government, including school districts.

2.  Nonprofit, faith-based organizations, including neighborhood churches.

3.  Nonprofit civic associations or homeowners' associations.

4.  Nonprofit organizations, the missions of which include improving conditions for residents of distressed urban communities.

To be eligible for funding under this program, a nonprofit organization or association must hold a current exemption from federal taxation under s. 501(c)(3) or (4) of the Internal Revenue Code.

(b)  Notwithstanding the eligibility of the organizations identified in paragraph (a), the institute shall give priority consideration for funding under this program to applications submitted by neighborhood churches or by neighborhood-based, nonprofit organizations that have as a principal part of their missions the improvement of conditions for residents of the same neighborhoods in which the organizations are located. The institute also shall give priority consideration to organizations that demonstrate that they have not been awarded community enhancement or similar community support grants from state or local government on a regular basis in the past. The institute shall develop weighted criteria to be used in evaluating applications from such churches or organizations. Funding under this section shall not be used for religious or sectarian purposes.

(4)  The institute shall develop guidelines governing the administration of this program and shall establish criteria to be used in evaluating an application for funding. At a minimum, the institute must find that:

(a)  The neighborhood that is to be served by the grant suffers from general economic distress.

(b)  Eligible youths who reside in the vicinity of the neighborhood facility have difficulty obtaining access to a library or schools that have sufficient computers.

(c)  The neighborhood facility has developed a detailed plan, as required under subsection (5), for:

1.  Providing youths who reside in the vicinity of the facility with access to any computer purchased with grant funds, including evening and weekend access when libraries and schools are closed.

2.  Promoting the maximum participation of neighborhood youths in use of any computers purchased with grant funds.

(5)  As part of an application for funding, the neighborhood facility must submit a plan that demonstrates:

(a)  The manner in which eligible youths who reside in the immediate vicinity of the facility will be provided with access to any computer purchased with grant funds, including access during hours when libraries and schools are closed.

(b)  The existence of safeguards to ensure that any computer purchased with grant funds is reserved for the educational use of eligible youths who reside in the immediate vicinity of the facility and is not used to support the business operations of the neighborhood facility or its governing body.

(c)  The existence, in the neighborhood facility, of telecommunications infrastructure necessary to guarantee access to the Internet through any computer purchased with grant funds.

(6)  To the maximum extent possible, funding shall be awarded under this program in a manner designed to ensure the participation of distressed urban communities from regions throughout the state.

(7)  The maximum amount of a grant which may be awarded to any single neighborhood facility under this program is $25,000.

(8)  Before the institute may allocate funds for a grant under this program, the institute and the eligible neighborhood facility must execute a grant agreement that governs the terms and conditions of the grant.

(9)  The institute, based upon guidance from the State Technology Office and the state's Chief Information Officer, shall establish minimum requirements governing the specifications and capabilities of any computers purchased with funds awarded under this grant program.

History.--s. 199, ch. 2002-387.

1004.53  Interdisciplinary Center for Brownfield Rehabilitation Assistance.--The Center for Brownfield Rehabilitation Assistance in the Environmental Sciences and Policy Program is established 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 state universities. 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. 200, ch. 2002-387.

1004.54  Learning Development and Evaluation Center.--

(1)  For the purpose of providing academic support for learning disabled students, the verbal communications laboratory at Florida Agricultural and Mechanical University is established as the Learning Development and Evaluation Center. The university shall provide housing, equipment, and utilities for the center.

(2)  The primary objective of the center shall be to provide learning disabled students with accessibility to learning by providing a program for building student self-acceptance, self-esteem, and faculty acceptance. The program shall also provide for diagnosing and clarifying the nature of the disability and for identifying strategies that can be used to enhance learning. Services shall include:

(a)  Problem identification.

(b)  Diagnostic evaluation, including neurological, psychological, speech, and hearing diagnoses.

(c)  Training, including tutoring and study.

(d)  Academic, psychological, social, and career counseling.

(e)  Followup.

(f)  Maintenance of academic course requirements with provision for support services to identified students.

(g)  Modifications of methods of reaching course requirements which do not detract from the course purpose.

(3)  Participants in the program shall be students with specific learning disabilities who meet eligibility criteria as defined by rule 6A-6.03018, Florida Administrative Code.

(4)  An outreach component shall be established which shall include:

(a)  Notifying secondary schools, community colleges, career education centers, and community agencies of the program.

(b)  Working with community colleges, career centers, and community agencies to identify students who may benefit from the program.

(c)  Providing secondary schools, community colleges, career centers, and community agencies with a description of methods used by the program for identification of students who have learning disabilities.

(d)  Providing secondary schools, community colleges, career centers, and community agencies with a description of program services and the support services available.

(e)  Providing on-campus and off-campus activities for students, administrators, faculty, and staff to enhance learning of the disabled secondary students.

(f)  Providing training for school district personnel to enable them to develop a better understanding of the needs of learning disabled students.

(g)  Designing, developing, and implementing, in cooperation with Florida Agricultural and Mechanical University, public school districts, community colleges, and career centers within the Department of Education, model programs for the learning disabled student.

(h)  Providing assistance to community colleges and state universities in designing, developing, and evaluating model programs for learning disabled students.

(i)  Establishing a procedure for the annual review and update of model programs developed for the learning disabled.

(j)  Providing precollegiate residential experiences.

(5)  On or before November 1, the president of the university shall submit to the State Board of Education and the Legislature a report on program effectiveness, which report shall include:

(a)  The number of students participating in the program.

(b)  An ongoing analysis of overall student performance as a result of participation in the program.

(c)  A description of the methods used in identifying students with learning disabilities.

(d)  A description of methods and materials prescribed to meet the specific learning needs of each participant.

(e)  The number and types of disabilities of students in the program.

(f)  How the program accomplished its objectives.

(g)  Procedures used to counsel and advise students that would build self-acceptance and enhance learning.

(h)  Procedures for promoting faculty acceptance of the program and its participants.

(i)  A detailed description of each program objective and the results.

(j)  Projections of future participation by learning disabled students based on enrollment, queries, and program results.

(k)  The number of postsecondary and secondary students participating in the program and the type of service provided.

(6)  Funding of this program shall be provided for in the General Appropriations Act.

History.--s. 201, ch. 2002-387; s. 90, ch. 2004-357.

1004.55  Regional autism centers.--

(1)  Six regional autism centers are established to provide nonresidential resource and training services for persons of all ages and of all levels of intellectual functioning who have autism, as defined in s. 393.063; who have a pervasive developmental disorder that is not otherwise specified; who have an autistic-like disability; who have a dual sensory impairment; or who have a sensory impairment with other handicapping conditions. Each center shall be operationally and fiscally independent and shall provide services within its geographical region of the state. Each center shall coordinate services within and between state and local agencies and school districts but may not duplicate services provided by those agencies or school districts. The respective locations and service areas of the centers are:

(a)  The Department of Communication Disorders at Florida State University, which serves Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, and Washington Counties.

(b)  The College of Medicine at the University of Florida, which serves Alachua, Bradford, Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando, Lafayette, Levy, Marion, Putnam, Suwannee, and Union Counties.

(c)  The University of Florida Health Science Center at Jacksonville, which serves Baker, Clay, Duval, Flagler, Nassau, and St. Johns Counties.

(d)  The Louis de la Parte Florida Mental Health Institute at the University of South Florida, which serves Charlotte, Collier, DeSoto, Glades, Hardee, Hendry, Highlands, Hillsborough, Indian River, Lee, Manatee, Martin, Okeechobee, Pasco, Pinellas, Polk, St. Lucie, and Sarasota Counties.

(e)  The Mailman Center for Child Development at the University of Miami, which serves Broward, Dade, Monroe, and Palm Beach Counties.

(f)  The College of Health and Public Affairs at the University of Central Florida, which serves Brevard, Lake, Orange, Osceola, Seminole, Sumter, and Volusia Counties.

(2)  There is established for each center a constituency board, which shall work collaboratively with the center. Each board shall consist of no fewer than six members, each of whom is either an individual who has a disability that is described in subsection (1) or is a member of a family that includes a person who has such a disability, who are selected by each university president from a list that has been developed by the Autism Society of Florida and other relevant constituency groups that represent persons who have sensory impairments as described in subsection (1). As representatives of the center's constituencies, these boards shall meet quarterly with the staff of each of the centers to provide advice on policies, priorities, and activities. Each board shall submit to the university president and to the Department of Education an annual report that evaluates the activities and accomplishments of its center during the year.

(3)  To promote statewide planning and coordination, a conference must be held annually for staff from each of the five centers and representatives from each center's constituency board. The purpose of the conference is to facilitate coordination, networking, cross-training, and feedback among the staffs and constituency boards of the centers.

(4)  Each center shall provide:

(a)  A staff that has expertise in autism and autistic-like behaviors and in sensory impairments.

(b)  Individual and direct family assistance in the home, community, and school. A center's assistance should not supplant other responsibilities of state and local agencies, and each school district is responsible for providing an appropriate education program for clients of a center who are school age.

(c)  Technical assistance and consultation services, including specific intervention and assistance for a client of the center, the client's family, and the school district, and any other services that are appropriate.

(d)  Professional training programs that include developing, providing, and evaluating preservice and inservice training in state-of-the-art practices for personnel who work with the populations served by the centers and their families.

(e)  Public education programs to increase awareness of the public about autism, autistic-related disabilities of communication and behavior, dual sensory impairments, and sensory impairments with other handicapping conditions.

(5)  The State Board of Education, in cooperation with the regional autism centers, shall adopt the necessary rules to carry out the purposes of this section.

History.--s. 202, ch. 2002-387.

1004.56  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. 203, ch. 2002-387.

1004.57  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 this section and ss. 1004.575-1004.577.

History.--s. 204, ch. 2002-387.

1004.575  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. 1004.57 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)-(4), and authorizing their active support and cooperation by issuing permits to them as provided in s. 1004.576.

(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. 1004.576.

(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. 205, ch. 2002-387.

1004.576  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. 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 commits 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. 206, ch. 2002-387.

1004.577  Certain rights of mine or quarry operators and dragline or heavy equipment operators preserved.--Nothing in ss. 1004.57-1004.576 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. 207, ch. 2002-387.

1004.58  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 universities. Specifically, the board shall better identify and define the missions and roles of existing institutes and centers at each state university, 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 policy matters and making recommendations to the State Board of Education 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 Commissioner of Education, or the commissioner's designee, 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 commissioner, to rotate annually.

(3)  The board shall prepare a report for the State Board of Education 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. 208, ch. 2002-387.

1004.59  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 at Florida State University, or at another campus as may be designated by the Commissioner of Education. 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. 209, ch. 2002-387.

1004.60  Research of Rosewood incident.--State universities 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. 210, ch. 2002-387.

1004.61  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 state universities 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 of Children and Family Services 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. 211, ch. 2002-387.

1004.62  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 at each state university.

History.--s. 212, ch. 2002-387.

1004.63  Florida Institute for Nuclear Detection and Security (FINDS).--

(1)  There is created the Florida Institute for Nuclear Detection and Security at the University of Florida to serve as a design-basis center for research, development, testing, and engineering projects that directly address and satisfy critical nuclear detection and security needs facing the state and the nation. The institute shall be established within the Department of Nuclear Engineering and Radiological Sciences at the university and shall consist of faculty, support staff, and other staff funded by state, federal, and private funds collected for the purposes of the institute. The institute shall be headed by a director who shall be appointed by the Dean of the University of Florida College of Engineering, serving at the pleasure of the Dean, and who shall possess a national reputation in the field of nuclear sciences.

(2)  The institute shall solicit and receive state, federal, and private funds for the purpose of conducting research and development in the area of nuclear security technology. The board shall ensure that the institute maintains accurate records of any funds received by the institute.

(3)  Activities of the institute shall include, but not be limited to, the design and testing of innovative interrogation, detection, and assessment devices for monitoring nuclear material. Application areas shall include, but not be limited to: portal monitoring, wide area search and cargo screening applications; structural monitoring for post-tensioned bridges; biological and agricultural monitoring; and the development of nonproliferation policies.

(4)  The institute shall explore development of devices for identification of isotopes and materials in structural, agricultural, and biological systems of various types.

(5)  Through research and instructional programs, the faculty associated with the institute shall also contribute to the education and training of high-quality scientists and engineers in the application of engineering solutions in homeland security, detection, imaging, and interrogation of systems, and nonproliferation policy.

(6)(a)  The activities of the institute shall be directed by the Florida Institute of Nuclear Detection and Security (FINDS) Board of Advisors, who shall serve without compensation and shall consist of eight members. Members of the board of advisors shall include, but are not limited to, a citizen of the State of Florida with interest in the area of public security; a faculty member from FINDS; a scientist of national reputation in the field of nuclear sciences; a representative of the nuclear energy industry in Florida; a representative of the national nuclear energy industry; a representative of the Federal Government programs in nuclear energy or homeland security; a member of the Florida Senate Committee on Home Defense, Public Security, and Ports or other Senate standing committee of similar jurisdiction; and a member of the Florida House Coordinating Committee on Public Security or other House of Representatives standing committee of similar jurisdiction.

(b)  Appointments for the initial terms shall be as follows:

1.  Two members shall be appointed by the chair of the University of Florida Department of Nuclear Engineering and Radiological Sciences and shall be appointed to a term of 3 years;

2.  Two members shall be appointed by the Dean of the University of Florida College of Engineering and shall be appointed to a term of 2 years;

3.  Two members shall be appointed by the President of the University of Florida and shall be appointed to a term of 3 years; and

4.  Two members shall be appointed by the Governor and shall be appointed to a term of 4 years.

(c)  Members may serve one additional 4-year term.

(d)  Board members shall serve without additional compensation or honorarium and are authorized to receive only per diem and reimbursement for travel expenses as provided in s. 112.061.

(e)  The board may employ a director of the institute who serves at the pleasure of the board. The director of FINDS will be an ex officio member of the board of advisors.

(7)  At the FINDS Board of Advisors' first meeting, the chair of the Department of Nuclear Engineering at the University of Florida will act as chair for the purpose of convening the meeting, establishing the bylaws of the board, and electing the chair of the board.

(8)  FINDS, through its board of advisors, shall submit an annual report on its progress, with recommendations on nuclear security and detection, to the Governor, the President of the Senate, and the Speaker of the House of Representatives. A copy of the report shall also be delivered to the United States National Nuclear Security Administration and the United States Department of Homeland Security. The report must also include financial statements that include an accounting of all state, federal, and private funds that are received by the institute, as well as an accounting of the expenditures of the institute. A copy of the financial statement shall also be provided to the Auditor General.

History.--s. 2, ch. 2004-261.

A.  General Provisions

B.  Special Programs; Centers

1004.65  Community colleges; definition, mission, and responsibilities.

1004.66  "Community college" and "junior college" used interchangeably.

1004.67  Community colleges; legislative intent.

1004.68  Community college; degrees and certificates; tests for certain skills.

1004.70  Community college direct-support organizations.

1004.71  Statewide community college direct-support organizations.

1004.725  Expenditures for self-insurance services; special account.

1004.726  Trademarks, copyrights, or patents.

1004.65  Community colleges; definition, mission, and responsibilities.--

(1)  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.

(2)  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.

(3)  A community college may provide adult education services, including adult basic education, adult general education, adult secondary education, and General Educational Development test instruction.

(4)  The 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 community colleges strive to maintain sufficient local authority and flexibility while preserving appropriate legal accountability to the state.

(5)  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.

(6)  The primary mission and responsibility of community colleges is responding to community needs for postsecondary academic education and career degree education. This mission and responsibility includes being responsible for:

(a)  Providing lower level undergraduate instruction and awarding associate degrees.

(b)  Preparing students directly for careers 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 career certificates, credit courses leading to associate in science degrees and associate in applied science degrees, and other programs in fields requiring substantial academic work, background, or qualifications. A community college may offer career education 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.

(e)  Providing dual enrollment instruction.

(7)  A separate and secondary role for community colleges includes:

(a)  Providing upper level instruction and awarding baccalaureate degrees as specifically authorized by law.

(b)  The offering of programs in:

1.  Community services that are not directly related to academic or occupational advancement.

2.  Adult general education.

3.  Recreational and leisure services.

(8)  Funding for community colleges shall reflect their mission as follows:

(a)  Postsecondary academic and career 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.

(9)  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 test. Each community college may provide access to baccalaureate degrees in accordance with law.

History.--s. 215, ch. 2002-387; s. 91, ch. 2004-357.

1004.66  "Community college" and "junior college" used interchangeably.--Whenever the terms "community college" and "junior college" appear in the Florida Statutes in reference to a tax-supported institution, they shall be construed identically.

History.--s. 216, ch. 2002-387.

1004.67  Community colleges; legislative intent.--It is the legislative intent that community colleges, constituted as political subdivisions of the state, continue to be operated by community college boards of trustees as provided in s. 1001.63 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.

History.--s. 217, ch. 2002-387.

1004.68  Community college; degrees and certificates; tests for certain skills.--

(1)  Each community college board of trustees shall adopt rules establishing student performance standards for the award of degrees and certificates.

(2)  Each community college board of trustees shall require the use of scores on tests for college-level communication and computation skills provided in s. 1008.345(8) as a condition for graduation with an associate in arts degree.

History.--s. 218, ch. 2002-387.

1004.70  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 community college 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 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 community college.

(c)  The board of trustees may not permit the use of property, facilities, or personal services at any 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, gender, age, or religion.

(4)  ACTIVITIES; RESTRICTIONS.--

(a)  A direct-support organization may, at the request of the 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 law 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. 1004.77 must be approved by the board of trustees.

(d)  A community college direct-support organization is prohibited from giving, either directly or indirectly, any gift to a political committee or committee of continuous existence as defined in s. 106.011 for any purpose other than those certified by a majority roll call vote of the governing board of the direct-support organization at a regularly scheduled meeting as being directly related to the educational mission of the community college.

(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 provide for an annual financial audit in accordance with rules adopted by the Auditor General pursuant to s. 11.45(8). The annual audit report must be submitted, within 9 months after the end of the fiscal year, to the Auditor General, the State Board of Education, and the board of trustees for review. The board of trustees, the Auditor General, and the Office of Program Policy Analysis and Government Accountability 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, the Auditor General, and the Office of Program Policy Analysis and Government Accountability, shall be confidential and exempt from the provisions of s. 119.07(1).

History.--s. 219, ch. 2002-387.

1004.71  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 colleges in this state.

3.  An organization that the State Board of Education, after review, has certified to be operating in a manner consistent with the goals of the community colleges and in the best interest of the state.

(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 Education 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. 1004.70. The chair of the State Board of Education, 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 community colleges of Florida.

(3)  USE OF PROPERTY.--

(a)  The State Board of Education may permit the use of property, facilities, and personal services of the Department of Education by any statewide community college direct-support organization, subject to the provisions of this section.

(b)  The State Board of Education 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 Department of Education.

(c)  The State Board of Education may not permit the use of property, facilities, or personal services of the Department of Education by any statewide community college direct-support organization that does not provide equal employment opportunities to all persons regardless of race, color, national origin, gender, 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. 1004.77 must be approved by the State Board of Education.

(c)  A statewide community college direct-support organization is prohibited from giving, either directly or indirectly, any gift to a political committee or committee of continuous existence as defined in s. 106.011 for any purpose other than those certified by a majority roll call vote of the governing board of the direct-support organization at a regularly scheduled meeting as being directly related to the educational mission of the State Board of Education.

(5)  ANNUAL BUDGETS AND REPORTS.--Each direct-support organization shall submit to the State Board of Education 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 provide for an annual financial audit in accordance with s. 1004.70. 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. 220, ch. 2002-387.

1004.725  Expenditures for self-insurance services; special account.--

(1)  The community college boards of trustees, singly or collectively, are authorized to contract with an administrator or service company approved 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 of trustees or a consortium of boards of trustees.

(2)  Pursuant to such a contract, a board of trustees may advance moneys to the administrator or service company to be deposited in a special account for paying claims against the board of trustees under its self-insurance program. The special account shall be maintained in a designated depository as provided by s. 136.01. The board of trustees 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. 221, ch. 2002-387; s. 1949, ch. 2003-261.

1004.726  Trademarks, copyrights, or patents.--Each community college board of trustees may develop and produce work products relating to educational endeavors that are subject to trademark, copyright, or patent statutes. To this end, the board of trustees 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 of trustees may in its own name:

(1)  Perform all things necessary to secure letters of patent, copyrights, and trademarks on any such work products and enforce its rights therein.

(2)  License, lease, assign, or otherwise give written consent to any person, firm, or corporation for the manufacture or use of its work products on a royalty basis or for such other consideration as the board of trustees deems proper.

(3)  Take any action necessary, including legal action, to protect its work products against improper or unlawful use of infringement.

(4)  Enforce the collection of any sums due the board of trustees for the manufacture or use of its work products by any other party.

(5)  Sell any of its work products 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 section.

History.--s. 222, ch. 2002-387.

1004.73  St. Petersburg College.

1004.74  Florida School of the Arts.

1004.75  Training school consolidation pilot projects.

1004.76  Florida Martin Luther King, Jr., Institute for Nonviolence.

1004.77  Centers of technology innovation.

1004.78  Technology transfer centers at community colleges.

1004.79  Incubator facilities for small business concerns.

1004.80  Economic development centers.

1004.81  Establishment of child development training centers at community colleges.

1004.85  Postsecondary educator preparation institutes.

1004.73  St. Petersburg College.--

(1)  LEGISLATIVE INTENT.--The Legislature intends to create an innovative means to increase access to baccalaureate degree level education in populous counties that are underserved by public baccalaureate degree granting institutions. This education is intended to address the state's workforce needs, especially the need for teachers, nurses, and business managers in agencies and firms that require expertise in technology.

(2)  ST. PETERSBURG COLLEGE; MISSION; POLICIES.--St. Petersburg College shall immediately seek accreditation from the Southern Association of Colleges and Schools as a baccalaureate degree granting college.

(a)  The primary mission of St. Petersburg College is to provide high-quality undergraduate education at an affordable price for students and the state. The purpose is to promote economic development by preparing people for occupations that require a bachelor's degree and are in demand by existing or emerging public and private employers in this state.

(b)  St. Petersburg College shall maintain the mission and policies of a Florida community college, including the open-door admissions policy and the authority to offer all programs consistent with a community college's authority.

(c)  St. Petersburg College shall maintain the distinction between the college and its university center. St. Petersburg College is limited to community college programs and to selected baccalaureate degree level programs that meet community needs and are authorized as provided by this section. The University Center may make available more diverse program offerings, but those programs are offered by a participating college or university and are not to be classified or funded as programs of St. Petersburg College.

(d)  The academic policies of the upper-division program at St. Petersburg College must be in accordance with policies of the State Board of Education.

(e)  Sections 1013.39 and 1013.82 apply to St. Petersburg College.

(3)  STUDENTS; FEES.--

(a)  St. Petersburg College shall maintain separate records for students who are enrolled in courses classified in the upper division and lower division of a baccalaureate program, according to the statewide course numbering system. A student shall be reported as a community college student for enrollment in a lower-division course and as a baccalaureate degree program student for enrollment in an upper-division course.

(b)  The Board of Trustees of St. Petersburg College shall establish the level of tuition and other authorized student fees consistent with law and proviso in the General Appropriations Act.

1.  For each credit hour of enrollment in a certificate level course or lower-division level college credit course, tuition and fees must be within the range authorized in law and rule for a community college student at that level.

2.  For each credit hour of enrollment in an upper-division level course, matriculation and tuition fees must be in an amount established by the Board of Trustees of St. Petersburg College. However, fees for upper-division students must reflect the fact that the college does not incur the costs of major research programs. Therefore, the board of trustees shall establish fees for upper-division students within a range that is lower than the fees established for students at a state university but higher than the fees for community college students.

3.  Other mandatory fees and local fees must be at the same level for all lower-division students. For upper-division students, other mandatory fees and local fees must be at a level less than fees established for University of South Florida students, regardless of program enrollment or level. However, students in workforce education courses maintain the authorized fee exemptions described in s. 1009.25 and may be exempt from local fees imposed by the board of trustees, at the board's discretion.

(4)  DEGREES.--

(a)  In addition to the certificates, diplomas, and degrees authorized in s. 1004.65, St. Petersburg College may offer selected baccalaureate degrees. Initially, the college may offer programs that lead to a baccalaureate degree in the following fields:

1.  Bachelor of Science in Nursing. This program must be designed to articulate with the associate in science degree in nursing. St. Petersburg College shall continue to offer the associate in science degree in nursing.

2.  Bachelor of Arts and Bachelor of Science in Elementary Education.

3.  Bachelor of Arts and Bachelor of Science in Special Education.

4.  Bachelor of Arts and Bachelor of Science in Secondary Education.

5.  Bachelor of Applied Science in fields selected by the Board of Trustees of St. Petersburg College. The board of trustees shall base the selection on an analysis of workforce needs and opportunities in the following counties: Pinellas, Pasco, Hernando, and other counties approved by the Department of Education. For each program selected, St. Petersburg College must offer a related associate in science or associate in applied science degree program, and the baccalaureate degree level program must be designed to articulate fully with at least one associate in science degree program. The college is encouraged to develop articulation agreements for enrollment of graduates of related associate in applied science degree programs.

(b)  St. Petersburg College may offer courses that enable teachers to qualify for certification and recertification as required by law or rule.

(c)  St. Petersburg College may offer programs to provide opportunities for a person who holds a baccalaureate degree, but is not certified to teach, to obtain any additional courses required for teacher certification.

(d)  Master's degree level programs and doctoral programs may be provided by agreement with a college or university participating in the University Center of St. Petersburg College.

(e)  For those students living outside Pinellas County, St. Petersburg College shall recruit for the upper division only those students who have earned an associate degree. In recruiting upper-division students in Pasco and Hernando Counties, St. Petersburg College shall work cooperatively with Pasco-Hernando Community College and shall seek to offer courses and programs at Pasco-Hernando Community College when feasible. The nursing programs, in particular, must be conducted cooperatively, and programs at St. Petersburg College shall not conflict with Pasco-Hernando Community College's and the University of South Florida's cooperative nursing program.

(5)  BOARDS.--

(a)  The Board of Trustees of St. Petersburg College serves as the college's governing board. The Governor shall appoint members as provided in s. 1001.61, and the board has the duties and authorities granted in ss. 1001.63 and 1001.64 and by rules of the State Board of Education.

(b)  The Board of Trustees of St. Petersburg College may authorize direct-support organizations as authorized in ss. 1004.28 and 1004.70.

(c)  The Board of Trustees of St. Petersburg College may continue to award degrees, diplomas, and certificates as authorized for St. Petersburg Junior College, and in the name of St. Petersburg Junior College, until St. Petersburg College receives its accreditation.

(d)  A coordinating board shall assist the board of trustees in its deliberations concerning issues that affect the upper division of St. Petersburg College. The coordinating board consists of the President of the University of South Florida, the President of St. Petersburg College, the President of Pasco-Hernando Community College, and the chairs of the boards of trustees of those institutions.

(e)  Beginning 4 years after the college receives accreditation to offer baccalaureate degrees, the Board of Trustees of St. Petersburg College may determine additional programs to be offered, with the approval of the coordinating board. The determination must consider community needs and economic opportunities.

(f)  The coordinating board shall meet at the request of the President of the University of South Florida or the President of St. Petersburg College.

(g)  If the coordinating board cannot decide an issue of importance to the programs designed for upper-division students, the State Board of Education shall resolve the issue.

(6)  EMPLOYEES.--

(a)  Employment at St. Petersburg College is governed by the same laws that govern community colleges, except that upper-division faculty are eligible for continuing contracts upon the completion of the fifth year of teaching.

(b)  Employee records for all personnel shall be maintained as required by s. 1012.81.

(7)  FACILITIES.--St. Petersburg College may request funding from the Public Education Capital Outlay and Debt Service Trust Fund as a community college and as a university. The municipalities in Pinellas County, the Board of County Commissioners of Pinellas County, and all other governmental entities are authorized to cooperate with the Board of Trustees of St. Petersburg College in establishing this institution. The acquisition and donation of lands, buildings, and equipment for the use of St. Petersburg College are authorized as a public purpose. The Board of County Commissioners of Pinellas County and all municipalities in Pinellas County may exercise the power of eminent domain to acquire lands, buildings, and equipment for the use of St. Petersburg College, regardless of whether such lands, buildings, and equipment are located in a community redevelopment area.

(8)  STATE FUNDING.--

(a)  The Legislature intends to fund St. Petersburg College as a community college for its workforce education programs and for its lower-division level college credit courses and programs.

(b)  The Legislature intends to fund St. Petersburg College as a baccalaureate degree level institution for its upper-division level courses and programs.

History.--s. 224, ch. 2002-387; s. 92, ch. 2004-357.

1004.74  Florida School of the Arts.--

(1)  As the state 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.

(2)  There is created the Florida School of the Arts. The school shall offer a program of academic and artistic studies in the visual and performing arts, which program shall be available to talented high school and college students in the state.

(3)  The Florida School of the Arts is assigned to the District Board of Trustees of the St. Johns River Community College for purposes of administration and governance; but the Florida School of the Arts, within appropriations and limitations established annually by the Legislature, shall serve as a professional school on a statewide basis for all qualified students.

(4)  The Council for the Florida School of the Arts shall be established to advise the community college district board of trustees on matters pertaining to the operation of the school. The council shall consist of nine members, appointed by the Commissioner of Education for 4-year terms. A member may serve three terms and may serve until replaced.

History.--s. 225, ch. 2002-387.

1004.75  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. 1001.31, 1001.33, and 1007.25, 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. 1013.01(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. 1013.01(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 community college board of trustees may make a legislative budget request through the State Board of Education 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 state universities 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.--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. 1011.62(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 community colleges, 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. 1009.22(3)(a) and 1011.80(5)(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. 226, ch. 2002-387.

1004.76  Florida Martin Luther King, Jr., Institute for Nonviolence.--

(1)  As used in this section:

(a)  "Board" means the advisory board of the institute.

(b)  "Institute" means the Florida Martin Luther King, Jr., Institute for Nonviolence.

(2)  There is hereby created the Florida Martin Luther King, Jr., Institute for Nonviolence to be established at Miami-Dade Community College. The institute shall have an advisory board consisting of 13 members as follows: the Attorney General, the Commissioner of Education, and 11 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 seven 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 seven members: the Florida Sheriffs Association; the Florida Association of Counties; the Florida League of Cities; state universities 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 seven 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.

(3)(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.

(4)  The institute shall have the following powers and duties:

(a)  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.

(b)  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.

(c)  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.

(d)  To adopt, amend, and alter bylaws not inconsistent with the laws of the state.

(e)  To charge and collect subscription and other participation costs and fees for its services, including publications and courses of study.

(f)  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.

(g)  To do any and all lawful acts and things necessary or desirable to carry out the objectives and purposes of this act.

(5)  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. 227, ch. 2002-387.

1004.77  Centers of technology innovation.--

(1)  The State Board of Education 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 shall cooperate with the Workforce Florida, Inc., 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 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. 1004.78.

(b)  Serving as an incubator facility for small business concerns, as created in s. 1004.79.

(c)  Serving as an economic development center, as created in s. 1004.80.

(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 university, college, or community college 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 Education 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 Enterprise Florida, Inc. 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 of Education 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 Education, which rules shall require an annual report.

History.--s. 228, ch. 2002-387.

1004.78  Technology transfer centers at community colleges.--

(1)  Each 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 community college 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 section 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 section 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 of trustees 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.

(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 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 community college 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 Education 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 Education. 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 Education using proposal solicitation, evaluation, and selection procedures established by the state board in consultation with Enterprise Florida, Inc. Such procedures may include designation of specific areas or applications of technology as priorities for the receipt of funding.

(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. 229, ch. 2002-387.

1004.79  Incubator facilities for small business concerns.--

(1)  Each community college established pursuant to s. 1004.02(2) 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.

(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 or leased 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.

(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.

(5)  Community colleges are encouraged to establish incubator facilities through which emerging small businesses supportive of development of content and technology for digital broadband media and digital broadcasting may be served.

History.--s. 230, ch. 2002-387.

1004.80  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, district 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 Education 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 Education.

History.--s. 231, ch. 2002-387.

1004.81  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, a community college board of trustees 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 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 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 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 of trustees to reduce or defray payment of fees for students. The 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. 1009.23(7) and the capital improvement fee authorized by s. 1009.23(11). Community colleges are authorized to transfer funds as necessary from the community 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 that were established by the district board of trustees prior to July 1, 1994.

History.--s. 232, ch. 2002-387.

1004.85  Postsecondary educator preparation institutes.--

(1)  As used in this section, "educator preparation institute" means an institute created by a postsecondary institution and approved by the Department of Education.

(2)  Postsecondary institutions that are accredited or approved as described in state board rule may seek approval from the Department of Education to create educator preparation institutes for the purpose of providing any or all of the following:

(a)  Professional development instruction to assist teachers in improving classroom instruction and in meeting certification or recertification requirements.

(b)  Instruction to assist potential and existing substitute teachers in performing their duties.

(c)  Instruction to assist paraprofessionals in meeting education and training requirements.

(d)  Instruction for baccalaureate degree holders to become certified teachers as provided in this section in order to increase routes to the classroom for mid-career professionals who hold a baccalaureate degree and college graduates who were not education majors.

(3)  Educator preparation institutes approved pursuant to this section may offer alternative certification programs specifically designed for noneducation major baccalaureate degree holders to enable program participants to meet the educator certification requirements of s. 1012.56. Such programs shall be competency-based educator certification preparation programs that prepare educators through an alternative route. An educator preparation institute choosing to offer an alternative certification program pursuant to the provisions of this section must implement a program previously approved by the Department of Education for this purpose or a program developed by the institute and approved by the department for this purpose. Approved programs shall be available for use by other approved educator preparation institutes.

(a)  Within 90 days after receipt of a request for approval, the Department of Education shall approve an alternative certification program or issue a statement of the deficiencies in the request for approval. The department shall approve an alternative certification program if the institute provides sufficient evidence of the following:

1.  Instruction must be provided in professional knowledge and subject matter content that includes educator-accomplished practices and competencies specified in State Board of Education rule and meets subject matter content requirements, professional competency testing requirements, and competencies associated with teaching scientifically based reading instruction and strategies that research has shown to be successful in improving reading among low-performing readers.

2.  The program must provide field experience with supervision from qualified educators.

3.  The program must provide a certification ombudsman to facilitate the process and procedures required for participants who complete the program to meet any requirements related to the background screening pursuant to s. 1012.32 and educator professional or temporary certification pursuant to s. 1012.56.

(b)  Each program participant must:

1.  Meet certification requirements pursuant to s. 1012.56(1) by obtaining a statement of status of eligibility and meet the requirements of s. 1012.56(2)(a)-(f).

2.  Participate in field experience that is appropriate to his or her educational plan.

3.  Fully demonstrate his or her ability to teach the subject area for which he or she is seeking certification and demonstrate mastery of professional preparation and education competence by achievement of a passing score on the professional education competency examination required by state board rule prior to completion of the program.

(c)  Upon completion of an alternative certification program approved pursuant to this subsection, a participant shall receive a credential from the sponsoring institution signifying satisfaction of the requirements of s. 1012.56(5) relating to mastery of professional preparation and education competence. A participant shall be eligible for educator certification through the Department of Education upon satisfaction of all requirements for certification set forth in s. 1012.56(2), including demonstration of mastery of general knowledge, subject area knowledge, and professional preparation and education competence, through testing or other statutorily authorized means.

(d)  If an institution offers an alternative certification program approved pursuant to this subsection, such program may be used by the school district or districts served by that institution in addition to the alternative certification program as required in s. 1012.56(7).

(4)  Each institute approved pursuant to this section shall submit to the Department of Education annual performance evaluations that measure the effectiveness of the programs, including the pass rates of participants on all examinations required for teacher certification, employment rates, longitudinal retention rates, and employer satisfaction surveys. The employer satisfaction surveys must be designed to measure the sufficient preparation of the educator to enter the classroom. These evaluations shall be used by the Department of Education for purposes of continued approval of an educator preparation institute's alternative certification program.

(5)  Instructors for an alternative certification program approved pursuant to this section must possess a master's degree in education or a master's degree in an appropriate related field and document teaching experience.

(6)  Educator preparation institutes approved pursuant to this section and providing approved instructional programs for any of the purposes in subsection (2) are eligible for funding from federal and state funds, as appropriated by the Legislature.

(7)  The State Board of Education may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this section.

History.--s. 5, ch. 2004-295.

1004.91  Career-preparatory instruction.

1004.92  Purpose and responsibilities for career education.

1004.925  Automotive service technology education programs; certification.

1004.93  Adult general education.

1004.94  Adult literacy.

1004.95  Adult literacy centers.

1004.96  Community education.

1004.97  Florida Literacy Corps.

1004.98  Workforce literacy programs.

1004.91  Career-preparatory instruction.--

(1)  The State Board of Education shall adopt, by rule, standards of basic skill mastery for certificate career education programs. Each school district and community college that conducts programs that confer career credit shall provide career-preparatory instruction through which students receive the basic skills instruction required pursuant to this section.

(2)  Students who enroll in a program offered for career credit of 450 hours or more shall complete an entry-level examination within the first 6 weeks of admission into the program. The State Board of Education shall designate examinations that are currently in existence, the results of which are comparable across institutions, to assess student mastery of basic skills. Any student found to lack the required level of basic skills for such program shall be referred to career-preparatory instruction or adult basic education for a structured program of basic skills instruction. Such instruction may include English for speakers of other languages. A student may not receive a career certificate of completion without first demonstrating the basic skills required in the state curriculum frameworks for the program.

(3)  An adult student with a disability may be exempted from the provisions of this section. A student who possesses a college degree at the associate in applied science level or higher is exempt from this section. A student who has completed or who is exempt from the college-level communication and computation skills examination pursuant to s. 1008.29, or who is exempt from the college entry-level examination pursuant to s. 1008.29, is exempt from the provisions of this section. Students who have passed a state, national, or industry licensure exam are exempt from this section.

History.--s. 234, ch. 2002-387; s. 93, ch. 2004-357.

1004.92  Purpose and responsibilities for career education.--

(1)  The purpose of career education is to enable students who complete career programs to attain and sustain employment and realize economic self-sufficiency. The purpose of this section is to identify issues related to career education for which school boards and community college boards of trustees are accountable. It is the intent of the Legislature that the standards articulated in subsection (2) be considered in the development of accountability standards for public schools pursuant to ss. 1000.03, 1001.42(16), and 1008.345 and for community colleges pursuant to s. 1008.45.

(2)(a)  School board, superintendent, and career center, and community college board of trustees and president, accountability for career education programs includes, but is not limited to:

1.  Student demonstration of the academic skills necessary to enter an occupation.

2.  Student preparation to enter an occupation in an entry-level position or continue postsecondary study.

3.  Career program articulation with other corresponding postsecondary programs and job training experiences.

4.  Employer satisfaction with the performance of students who complete career education or reach occupational completion points.

5.  Student completion, placement, and retention rates pursuant to s. 1008.43.

(b)  Department of Education accountability for career education includes, but is not limited to:

1.  The provision of timely, accurate technical assistance to school districts and community colleges.

2.  The provision of timely, accurate information to the State Board of Education, the Legislature, and the public.

3.  The development of policies, rules, and procedures that facilitate institutional attainment of the accountability standards and coordinate the efforts of all divisions within the department.

4.  The development of program standards and industry-driven benchmarks for career, adult, and community education programs, which must be updated every 3 years. The standards must include career, academic, and workplace skills; viability of distance learning for instruction; and work/learn cycles that are responsive to business and industry.

5.  Overseeing school district and community college compliance with the provisions of this chapter.

6.  Ensuring that the educational outcomes for the technical component of career programs are uniform and designed to provide a graduate who is capable of entering the workforce on an equally competitive basis regardless of the institution of choice.

(3)  Each career center operated by a district school board shall establish a center advisory council pursuant to s. 1001.452. The center advisory council shall assist in the preparation and evaluation of center improvement plans required pursuant to s. 1001.42(16) and may provide assistance, upon the request of the center director, in the preparation of the center's annual budget and plan as required by s. 1008.385(1).

History.--s. 235, ch. 2002-387; s. 118, ch. 2003-1; s. 94, ch. 2004-357.

1004.925  Automotive service technology education programs; certification.--All automotive service technology education programs shall be industry certified by 2007.

History.--s. 126, ch. 2002-20.

1004.93  Adult general education.--

(1)(a)  The intent of this section is to encourage the provision of educational services that will enable adults to acquire:

1.  The basic skills necessary to attain basic and functional literacy.

2.  A high school diploma or successfully complete the General Educational Development test.

3.  An educational foundation that will enable them to become more employable, productive, and self-sufficient citizens.

(b)  It is further intended that educational opportunities be available for adults who have earned a diploma or high school equivalency diploma but who lack the basic skills necessary to function effectively in everyday situations, to enter the job market, or to enter career certificate instruction.

(2)  The adult education program must provide academic services to students in the following priority:

(a)  Students who demonstrate skills at less than a fifth grade level, as measured by tests approved for this purpose by the State Board of Education, and who are studying to achieve basic literacy.

(b)  Students who demonstrate skills at the fifth grade level or higher, but below the ninth grade level, as measured by tests approved for this purpose by the State Board of Education, and who are studying to achieve functional literacy.

(c)  Students who are earning credit required for a high school diploma or who are preparing for the General Educational Development test.

(d)  Students who have earned high school diplomas and require specific improvement in order to:

1.  Obtain or maintain employment or benefit from certificate career education programs;

2.  Pursue a postsecondary degree; or

3.  Develop competence in the English language to qualify for employment.

(e)  Students who enroll in lifelong learning courses or activities that seek to address community social and economic issues that consist of health and human relations, government, parenting, consumer economics, and senior citizens.

(f)  Students who enroll in courses that relate to the recreational or leisure pursuits of the students. The cost of courses conducted pursuant to this paragraph shall be borne by the enrollees.

(3)(a)  Each district school board or community college board of trustees shall negotiate with the regional workforce board for basic and functional literacy skills assessments for participants in the welfare transition employment and training programs. Such assessments shall be conducted at a site mutually acceptable to the district school board or community college board of trustees and the regional workforce board.

(b)  State employees who are employed in local or regional offices of state agencies shall inform clients of the availability of adult basic and secondary programs in the region. The identities of clients who do not possess high school diplomas or who demonstrate skills below the level of functional literacy shall be conveyed, with their consent, to the local school district or community college, or both.

(c)  To the extent funds are available, the Department of Children and Family Services shall provide for day care and transportation services to clients who enroll in adult basic education programs.

(4)(a)  Adult general education shall be evaluated and funded as provided in s. 1011.80.

(b)  Fees for adult basic instruction are to be charged in accordance with chapter 1009.

(c)  The State Board of Education shall define, by rule, the levels and courses of instruction to be funded through the college-preparatory program. The state board shall coordinate the establishment of costs for college-preparatory courses, the establishment of statewide standards that define required levels of competence, acceptable rates of student progress, and the maximum amount of time to be allowed for completion of college-preparatory instruction. College-preparatory instruction is part of an associate in arts degree program and may not be funded as an adult career education program.

(d)  Expenditures for college-preparatory and lifelong learning students shall be reported separately. Allocations for college-preparatory courses shall be based on proportional full-time equivalent enrollment. Program review results shall be included in the determination of subsequent allocations. 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 the continuous enrollment of that student in the same class; 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 payment for increased fees 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 Education. College-preparatory and lifelong learning courses do not generate credit toward an associate or baccalaureate degree.

(e)  A district school board or a community college board of trustees may negotiate a contract with the regional workforce board for specialized services for participants in the welfare transition program, beyond what is routinely provided for the general public, to be funded by the regional workforce board.

(5)  If students who have been determined to be adults with disabilities are enrolled in workforce development programs, the funding formula must provide additional incentives for their achievement of performance outputs and outcomes.

(6)  The commissioner shall recommend the level of funding for public school and community college adult education within the legislative budget request and make other recommendations and reports considered necessary or required by rules of the State Board of Education.

(7)  Buildings, land, equipment, and other property owned by a district school board or community college board of trustees may be used for the conduct of the adult education program. Buildings, land, equipment, and other property owned or leased by cooperating public or private agencies, organizations, or institutions may also be used for the purposes of this section.

(8)  The State Board of Education may adopt rules necessary for the implementation of this section.

History.--s. 236, ch. 2002-387; s. 95, ch. 2004-357.

1004.94  Adult literacy.--

(1)(a)  An adult, individualized literacy instruction program is created for adults who possess literacy skills below the ninth grade level. The purpose of the program is to provide self-paced, competency-based, individualized tutorial instruction. The commissioner shall administer this section in coordination with community college boards of trustees, local school boards, and the Division of Library and Information Services of the Department of State.

(b)  Local adult, individualized literacy instruction programs may be coordinated with local public library systems and with public or private nonprofit agencies, organizations, or institutions. A local public library system and a public or private nonprofit agency, organization, or institution may use funds appropriated for the purposes of this section to hire program coordinators. Such coordinators shall offer training activities to volunteer tutors and oversee the operation of local literacy programs. A local public library system and a public or private nonprofit agency, organization, or institution may also purchase student instructional materials and modules that instruct tutors in the teaching of basic and functional literacy and English for speakers of other languages. To the extent funds are appropriated, cooperating local library systems shall purchase, and make available for loan, reading materials of high interest and with a vocabulary appropriate for use by students who possess literacy skills below the ninth grade level and students of English for speakers of other languages.

(2)(a)  The adult literacy program is intended to increase adult literacy as prescribed in the agency functional plan of the Department of Education. The commissioner shall establish guidelines for the purpose of determining achievement of this goal.

(b)  Each participating local sponsor shall submit an annual report to the commissioner which must contain information to demonstrate the extent to which there has been progress toward increasing the percentage of adults within the service area who possess literacy skills.

(c)  Based on the information provided from the local reports, the commissioner shall develop an annual status report on literacy and adult education.

(3)  Funds appropriated for the purposes of this section shall be allocated as grants for implementing adult literacy programs. Such funds may not be used to supplant funds used for activities that would otherwise be conducted in the absence of literacy funding. A grant awarded pursuant to this section may not exceed $50,000. Priority for the use of such funds shall be given to paying expenses related to the instruction of volunteer tutors, including materials and the salary of the program coordinator. Local sponsors may also accept funds from private sources for the purposes of this section.

(4)(a)  The commissioner shall submit a state adult literacy plan to the State Board of Education to serve as a reference for district school boards and community colleges boards of trustees to increase adult literacy in their service areas as prescribed in the agency functional plan of the Department of Education. The plan must include, at a minimum:

1.  Policies and objectives for adult literacy programs, including evaluative criteria.

2.  Strategies for coordinating adult literacy activities with programs and services provided by other state and local nonprofit agencies, as well as strategies for maximizing other funding, resources, and expertise.

3.  Procedures for identifying, recruiting, and retaining adults who possess literacy skills below the ninth grade level.

4.  Sources of relevant demographic information and methods of projecting the number of adults who possess literacy skills below the ninth grade level.

5.  Acceptable methods of demonstrating compliance with the provisions of this section.

6.  Guidelines for the development and implementation of local adult literacy plans. At a minimum, such guidelines must address:

a.  The recruitment and preparation of volunteer tutors.

b.  Interagency and intraagency cooperation and coordination, especially with public libraries and other sponsors of literacy programs.

c.  Desirable learning environments, including class size.

d.  Program evaluation standards.

e.  Methods for identifying, recruiting, and retaining adults in literacy programs.

f.  Adult literacy through family literacy and workforce literacy programs.

(b)  Every 3 years, the district school board or community college board of trustees shall develop and maintain a local adult literacy plan.

History.--s. 237, ch. 2002-387.

1004.95  Adult literacy centers.--

(1)  The Commissioner of Education shall select community colleges and public school districts to establish and operate adult literacy centers to complement existing public and private instructional adult literacy programs. The centers shall identify, contact, counsel, and refer persons considered to be lacking basic or functional literacy skills or competencies related to prose, document, and quantitative literacy skills to the appropriate private and public agencies, including human service agencies. The centers may not duplicate or supplant the existing services provided by public and private agencies operating within the district.

(2)  In selecting program participants, the Commissioner of Education shall, at a minimum, consider the extent to which:

(a)  Cooperative arrangements with other state and local agreements and innovative approaches will be used for carrying out the role of the center;

(b)  Similar services are provided within the service delivery area;

(c)  The program objectives may be accomplished within the budget request;

(d)  Provisions are made for monitoring program performance; and

(e)  Fiscal controls and fund accounting procedures exist to ensure proper use of, and accounting for, the program funds.

(3)  The activities and funding of center operations shall be reported in a separate and distinct manner.

(4)  The State Board of Education shall develop rules for implementing this section, including criteria for evaluating the performance of the centers, and shall submit an evaluation report of the centers to the Legislature on or before February 1 of each year.

History.--s. 238, ch. 2002-387.

1004.96  Community education.--

(1)  Pursuant to this section and State Board of Education rule, each school board and the Board of Trustees for the Florida School for the Deaf and Blind may apply to the Department of Education for a community education grant. An applicant shall include in the grant application a description of the community education program and process through which the program is developed.

(2)  The department shall give priority to applications that include:

(a)  Centers that serve the most students within available resources.

(b)  Programs for which funds are matched by the Federal Government or other nonstate sources and which are appropriate within the context of community education.

(c)  Programs that provide before-school and after-school activities for children.

History.--s. 239, ch. 2002-387.

1004.97  Florida Literacy Corps.--

(1)  It is the intent of the Legislature that eligible postsecondary students be offered an opportunity to perform public service by serving as volunteer tutors for adults who do not possess basic or functional literacy skills.

(2)  There is created a Florida Literacy Corps to be administered by the Department of Education pursuant to this section and rules of the State Board of Education. Participating students earn college credit for tutoring adults who do not possess basic or functional literacy skills pursuant to an agreement between the institution in which the student is enrolled and the district school board, community college board of trustees, public library, or nonprofit organization offering literacy instruction to adults pursuant to s. 1004.94. The district school board, community college board of trustees, public library, or nonprofit organization is solely responsible for providing literacy programs and instructing participating postsecondary students.

(3)  In order to be eligible to participate in the Florida Literacy Corps, a student must:

(a)  Be enrolled in an eligible state university or community college at least half time and be in good standing, as defined by the institution.

(b)  Have completed at least 12 semester hours of college-level coursework that applies toward an associate in arts or baccalaureate degree.

(c)  Have attained a passing score on one of the postsecondary entry-level examinations approved pursuant to State Board of Education rule, be exempt from the administration of such examination, or have successfully completed any required college-preparatory instruction.

(4)  In order to be eligible to participate in the Florida Literacy Corps, a state university or community college must:

(a)  Establish one or more undergraduate or graduate courses, or both, in which participating students may earn a maximum of 3 credit hours per semester, and a maximum of 6 credit hours over two or more semesters, by tutoring adults who do not possess basic or functional literacy skills. The institution shall establish such courses in the common course designation and numbering system. The courses must require students to complete instruction for prospective tutors, tutor adults for at least 25 hours per semester for each hour of credit awarded, and satisfy any other requirements imposed by the institution.

(b)  Submit a proposal to the Department of Education for review and approval. The proposal must include, but is not limited to:

1.  Identification of the school district, community college, public library, or nonprofit organization with which participating students will be working.

2.  Demonstration of the need for literacy tutors by the school district, community college, public library, or nonprofit organization.

3.  Demonstration of commitment by the public school, community college, public library, or nonprofit organization to provide instruction for tutors.

4.  Description of the literacy program.

5.  Demonstration of student interest in program participation.

6.  Designation of one or more faculty to conduct the Florida Literacy Corps course and identification of the qualifications of such faculty.

(5)  From funds appropriated for the purposes of this section, the department shall allocate an amount for each approved proposal based on the number of students approved for enrollment and subsequently enrolled in Florida Literacy Corps courses.

(6)  Each participating state university and community college shall submit an annual report to the Commissioner of Education which includes, but is not limited to:

(a)  The number of hours of tutoring conducted by participating students.

(b)  The number of students enrolled in the courses.

(c)  The number of students who successfully complete the courses.

(d)  An evaluation of the tutors' effectiveness as judged by the participating school district, community college, public library, or nonprofit organization. The department shall develop a common evaluation form for this purpose.

(e)  The number of full-time equivalent enrollments generated by the participating students.

(7)  The department shall compile the annual reports into a single, annual programmatic report to be submitted to the State Board of Education by December 1 of each year.

History.--s. 240, ch. 2002-387.

1004.98  Workforce literacy programs.--

(1)  The workforce literacy program is established within the community colleges and school districts to ensure the existence of sufficient numbers of employees who possess the skills necessary to perform in entry-level occupations and to adapt to technological advances in the workplace. Workforce literacy programs are intended to support economic development by increasing adult literacy and producing an educated workforce.

(2)  Each community college and school district may conduct courses and programs through which adults gain the communication and computation skills necessary to complete a career program, to gain or maintain entry-level employment, or to upgrade employment. Courses may not be conducted until the community college or school district identifies current and prospective employees who do not possess the skills necessary to enter career programs or to obtain or maintain employment.

(3)  A community college or school district may be eligible to fund a workforce literacy program pursuant to the provisions of s. 1004.94.

History.--s. 241, ch. 2002-387; s. 96, ch. 2004-357.