Senate Bill 1358

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    Florida Senate - 1998                                  SB 1358

    By Senators Grant, Holzendorf, Horne, Clary, Cowin,
    Diaz-Balart, Latvala, Dyer, Silver, Casas, Klein, Kurth,
    Kirkpatrick, Turner, Williams, Sullivan, Rossin, Crist,
    Harris, Forman, Thomas, Meadows, Lee, Burt, Bronson, McKay and
    Dudley

    13-744-98                                           See HB 755

  1                      A bill to be entitled

  2         An act relating to postsecondary education;

  3         amending s. 110.131, F.S.; deleting the

  4         requirement that the Board of Regents comply

  5         with recordkeeping and reporting requirements

  6         for other-personal-services employment;

  7         amending s. 235.055, F.S.; deleting authority

  8         of the Board of Regents to construct facilities

  9         on leased property and enter into certain

10         leases; amending s. 235.195, F.S.; modifying

11         provisions relating to joint-use facilities;

12         amending s. 240.1201, F.S.; classifying

13         specified Canadian military personnel as

14         residents for tuition purposes; amending s.

15         240.147, F.S.; correcting a cross-reference;

16         amending s. 240.205, F.S.; revising the

17         acquisition and contracting authority of the

18         Board of Regents; amending s. 240.209, F.S.;

19         authorizing procedures to administer an

20         acquisition program; authorizing the Board of

21         Regents to sell, convey, transfer, exchange,

22         trade, or purchase real property and related

23         improvements; providing requirements; amending

24         s. 240.214, F.S.; revising provisions relating

25         to the State University System accountability

26         process; amending s. 240.227, F.S.; revising

27         the acquisition and contracting authority of

28         university presidents; authorizing adjustment

29         of property records and disposal of certain

30         tangible personal property; amending s.

31         243.151, F.S.; providing a procedure under

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1         which a university may construct facilities on

  2         leased property; amending s. 287.012, F.S.;

  3         excluding the Board of Regents and the State

  4         University System from the term "agency" for

  5         purposes of state procurement of commodities

  6         and services; repealing ss. 240.225, 240.247,

  7         240.4988(4), 287.017(3), F.S., relating to

  8         delegation of authority by the Department of

  9         Management Services to the State University

10         System, eradication of salary discrimination,

11         Board of Regents' rules for the Theodore R. and

12         Vivian M. Johnson Scholarship Program, and

13         applicability of purchasing category rules to

14         the State University System; amending s.

15         240.2475, F.S., relating to the State

16         University System equity accountability

17         program; requiring each state university to

18         maintain an equity plan to increase the

19         representation of women and minorities in

20         faculty and administrative positions; providing

21         for the submission of reports; requiring the

22         development of a plan for achievement of

23         equity; providing for administrative

24         evaluations; requiring the development of a

25         budgetary incentive plan; providing for an

26         appropriation; amending s. 240.3355, F.S.,

27         relating to the State Community College System

28         equity accountability program; requiring each

29         community college to maintain a plan to

30         increase the representation of women and

31         minorities in faculty and administrative

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1         positions; providing contents of an employment

  2         accountability plan; requiring the development

  3         of a plan for corrective action; providing for

  4         administrative evaluations; providing for

  5         submission of reports; requiring the

  6         development of a budgetary incentive plan;

  7         providing an effective date.

  8

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

10

11         Section 1.  Paragraph (a) of subsection (6) of section

12  110.131, Florida Statutes, is amended to read:

13         110.131  Other-personal-services temporary

14  employment.--

15         (6)(a)  The provisions of subsections (2), (3), and (4)

16  do not apply to any employee for whom the Board of Regents or

17  the Board of Trustees of the Florida School for the Deaf and

18  the Blind is the employer as defined in s. 447.203(2); except

19  that, for purposes of subsection (5), the Board of Regents and

20  the Board of Trustees of the Florida School for the Deaf and

21  the Blind shall comply with the recordkeeping and reporting

22  requirements adopted by the department pursuant to subsection

23  (3) with respect to those other-personal-services employees

24  exempted by this subsection.

25         Section 2.  Section 235.055, Florida Statutes, is

26  amended to read:

27         235.055  Construction of facilities on leased property;

28  conditions.--

29         (1)  A board may Boards, including the Board of

30  Regents, are authorized to construct or place educational

31  facilities and ancillary facilities on land which is owned by

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1  any person after the board has acquired from the owner of the

  2  land a long-term lease for the use of this land for a period

  3  of not less than 40 years or the life expectancy of the

  4  permanent facilities constructed thereon, whichever is longer.

  5         (2)  A board may, including the Board of Regents, is

  6  authorized to enter into a short-term lease for the use of

  7  land owned by any person on which temporary or relocatable

  8  facilities are to be utilized.

  9         Section 3.  Subsections (2) and (4) of section 235.195,

10  Florida Statutes, are amended to read:

11         235.195  Cooperative development and use of facilities

12  by two or more boards.--

13         (2)  An educational plant survey must be conducted

14  within 90 days after submission of the joint resolution and

15  substantiating data describing the benefits to be obtained,

16  the programs to be offered, and the estimated cost of the

17  proposed project.  Upon completion of the educational plant

18  survey, the participating boards may include the recommended

19  projects in their plan as provided in s. 235.16. Upon approval

20  of the project by the commissioner, up to 25 percent of the

21  total cost of the project must be included in the department's

22  legislative capital outlay budget request as provided in s.

23  235.41 for educational plants.  The participating boards must

24  include in their joint resolution a commitment to finance the

25  remaining funds necessary to complete the planning,

26  construction, and equipping of the facility.  Funds from the

27  Public Education Capital Outlay and Debt Service Trust Fund

28  may not be expended on any project unless specifically

29  authorized by the Legislature.

30         (4)  No school board, community college, or state

31  university shall receive funding for more than one approved

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1  joint-use facility in any 5-year period effective August 1,

  2  1990. All projects previously approved under the provisions of

  3  this section shall not be affected.  The first year of the

  4  5-year period shall be the first year a board receives an

  5  appropriation.

  6         Section 4.  Paragraph (j) is added to subsection (10)

  7  of section 240.1201, Florida Statutes, to read:

  8         240.1201  Determination of resident status for tuition

  9  purposes.--Students shall be classified as residents or

10  nonresidents for the purpose of assessing tuition fees in

11  public community colleges and universities.

12         (10)  The following persons shall be classified as

13  residents for tuition purposes:

14         (j)  Active duty members of the Canadian military

15  residing or stationed in this state under the North American

16  Air Defense (NORAD) agreement, and their spouses and dependent

17  children, attending a public community college or university

18  within 50 miles of the military establishment where they are

19  stationed.

20         Section 5.  Subsection (4) of section 240.147, Florida

21  Statutes, is amended to read:

22         240.147  Powers and duties of the commission.--The

23  commission shall:

24         (4)  Recommend to the State Board of Education

25  contracts with independent institutions to conduct programs

26  consistent with the state master plan for postsecondary

27  education. In making recommendations, the commission shall

28  consider the annual report submitted by the Board of Regents

29  pursuant to s. 240.209(3)(s) s. 240.209(3)(r). Each program

30  shall be reviewed, with the cooperation of the institution,

31  every 5 years.

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1         Section 6.  Subsection (6) of section 240.205, Florida

  2  Statutes, is amended to read:

  3         240.205  Board of Regents incorporated.--The Board of

  4  Regents is hereby created as a body corporate with all the

  5  powers of a body corporate for all the purposes created by, or

  6  that may exist under, the provisions of this chapter or laws

  7  amendatory hereof and shall:

  8         (6)  Acquire real and personal property and contract

  9  for the sale and disposal of same and approve and execute

10  contracts for the acquisition of commodities, goods,

11  equipment, contractual or services, including educational

12  services for leases of real and personal property, and for

13  construction, in accordance with chapter 287, as applicable.

14  The acquisition may include purchase by installment or

15  lease-purchase. Such contracts may provide for payment of

16  interest on the unpaid portion of the purchase price.  The

17  board may also acquire the same commodities, goods, equipment,

18  contractual services, leases, and construction, as designated

19  for the board, for use by a university when the contractual

20  obligation exceeds $1 million $500,000.  Title to all real

21  property, however acquired, shall be vested in the Board of

22  Trustees of the Internal Improvement Trust Fund and shall be

23  transferred and conveyed by it. Notwithstanding any other

24  provisions of this subsection, the Board of Regents shall

25  comply with the provisions of s. 287.055 for the procurement

26  of professional services as defined therein.

27         Section 7.  Paragraphs (e) and (r) of subsection (3) of

28  section 240.209, Florida Statutes, are amended, and subsection

29  (9) is added to that section, to read:

30         240.209  Board of Regents; powers and duties.--

31         (3)  The board shall:

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1         (e)  Establish student fees.

  2         1.  By no later than December 1 of each year, the board

  3  shall raise the systemwide standard for resident undergraduate

  4  matriculation and financial aid fees for the subsequent fall

  5  term, up to but no more than 25 percent of the prior year's

  6  cost of undergraduate programs. In implementing this

  7  paragraph, fees charged for graduate, medical, veterinary, and

  8  dental programs may be increased by the Board of Regents in

  9  the same percentage as the increase in fees for resident

10  undergraduates. However, in the absence of legislative action

11  to the contrary in an appropriations act, the board may not

12  approve annual fee increases for resident students in excess

13  of 10 percent. The sum of nonresident student matriculation

14  and tuition fees must be sufficient to defray the full cost of

15  undergraduate education. Graduate, medical, veterinary, and

16  dental fees charged to nonresidents may be increased by the

17  board in the same percentage as the increase in fees for

18  nonresident undergraduates. However, in implementing this

19  policy and in the absence of legislative action to the

20  contrary in an appropriations act, annual fee increases for

21  nonresident students may not exceed 25 percent. In the absence

22  of legislative action to the contrary in the General

23  Appropriations Act, the fees shall go into effect for the

24  following fall term.

25         2.  When the appropriations act requires a new fee

26  schedule, the board shall establish a systemwide standard fee

27  schedule required to produce the total fee revenue established

28  in the appropriations act based on the product of the assigned

29  enrollment and the fee schedule. The board may approve the

30  expenditure of any fee revenues resulting from the product of

31

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1  the fee schedule adopted pursuant to this section and the

  2  assigned enrollment.

  3         3.  Upon provision of authority in a General

  4  Appropriations Act to spend revenue raised pursuant to this

  5  section, the board shall approve a university request to

  6  implement a matriculation and out-of-state tuition fee

  7  schedule which is calculated to generate revenue which varies

  8  no more than 10 percent from the standard fee revenues

  9  authorized through an appropriations act. In implementing an

10  alternative fee schedule, the increase in cost to a student

11  taking 15 hours in one term shall be limited to 5 percent.

12  Matriculation and out-of-state tuition fee revenues generated

13  as a result of this provision are to be expended for

14  implementing a plan for achieving accountability goals adopted

15  pursuant to s. 240.214(2) and for implementing a Board of

16  Regents-approved plan to contain student costs by reducing the

17  time necessary for graduation without reducing the quality of

18  instruction. The plans shall be recommended by a

19  universitywide committee, at least one-half of whom are

20  students appointed by the student body president. A

21  chairperson, appointed jointly by the university president and

22  the student body president, shall vote only in the case of a

23  tie.

24         4.  The board is authorized to collect for financial

25  aid purposes an amount not to exceed 5 percent of the student

26  tuition and matriculation fee per credit hour. The revenues

27  from fees are to remain at each campus and replace existing

28  financial aid fees. Such funds shall be disbursed to students

29  as quickly as possible. The board shall specify specific

30  limits on the percent of the fees collected in a fiscal year

31  which may be carried forward unexpended to the following

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1  fiscal year. A minimum of 50 percent of funds from the student

  2  financial aid fee shall be used to provide financial aid based

  3  on absolute need. A student who has received an award prior to

  4  July 1, 1984, shall have his or her eligibility assessed on

  5  the same criteria that was used at the time of his or her

  6  original award.

  7         5.  The board may recommend to the Legislature an

  8  appropriate systemwide standard matriculation and tuition fee

  9  schedule.

10         6.  The Education and General Student and Other Fees

11  Trust Fund is hereby created, to be administered by the

12  Department of Education.  Funds shall be credited to the trust

13  fund from student fee collections and other miscellaneous fees

14  and receipts. The purpose of the trust fund is to support the

15  instruction and research missions of the State University

16  System. Notwithstanding the provisions of s. 216.301, and

17  pursuant to s. 216.351, any balance in the trust fund at the

18  end of any fiscal year shall remain in the trust fund and

19  shall be available for carrying out the purposes of the trust

20  fund.

21         (r)  Adopt such rules as are necessary to carry out its

22  duties and responsibilities, including, but not limited to,

23  procedures to administer an acquisition program for the

24  purchase or lease of real and personal property and

25  contractual services pursuant to s. 240.205(6).

26         (9)  Notwithstanding the provisions of s. 253.025, the

27  Board of Regents may, with the consent of the Board of

28  Trustees of the Internal Improvement Trust Fund, sell, convey,

29  transfer, exchange, trade, or purchase real property and

30  related improvements necessary and desirable to serve the

31

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1  needs and purposes of a university in the State University

  2  System.

  3         (a)  The board may secure appraisals and surveys.  The

  4  board shall comply with the rules of the Board of Trustees of

  5  the Internal Improvement Trust Fund in securing appraisals.

  6  Whenever the board finds it necessary for timely property

  7  acquisition, it may contract, without the need for competitive

  8  selection, with one or more appraisers whose names are

  9  contained on the list of approved appraisers maintained by the

10  Division of State Lands in the Department of Environmental

11  Protection.

12         (b)  The board may negotiate and enter into an option

13  contract before an appraisal is obtained.  The option contract

14  must state that the final purchase price may not exceed the

15  maximum value allowed by law.  The consideration for such an

16  option contract may not exceed 10 percent of the estimate

17  obtained by the board or 10 percent of the value of the

18  parcel, whichever is greater, unless otherwise authorized by

19  the board.

20         (c)  This subsection is not intended to abrogate in any

21  manner the authority delegated to the Board of Trustees of the

22  Internal Improvement Trust Fund or the Division of State Lands

23  to approve a contract for purchase of state lands or to

24  require policies and procedures to obtain clear legal title to

25  parcels purchased for state purposes.  Title to property

26  acquired by the board shall vest in the Board of Trustees of

27  the Internal Improvement Trust Fund.

28         Section 8.  Section 240.214, Florida Statutes, is

29  amended to read:

30         240.214  State University System accountability

31  process.--It is the intent of the Legislature that an

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1  accountability process be implemented which provides for the

  2  systematic, ongoing evaluation of quality and effectiveness in

  3  the State University System. It is further the intent of the

  4  Legislature that this accountability process monitor

  5  performance at the system level in each of the major areas of

  6  instruction, research, and public service, while recognizing

  7  the differing missions of each of the state universities. The

  8  accountability process shall provide for the adoption of

  9  systemwide performance standards and performance goals for

10  each standard identified through a collaborative effort

11  involving the State University System, the Legislature, and

12  the Governor's Office. These standards and goals shall be

13  consistent with s. 216.011(1) to maintain congruity with the

14  performance-based budgeting process.  This process requires

15  that university accountability reports reflect measures

16  defined through performance-based budgeting.  The

17  performance-based budgeting measures must also reflect the

18  elements of teaching, research, and service inherent in the

19  missions of the institutions in the State University System.

20  The accountability process shall result in an annual

21  accountability report to the Legislature.

22         (1)  The annual accountability report shall include

23  goals and measurable objectives related to the systemwide

24  strategic plan pursuant to s. 240.209. The plan must include,

25  at a minimum, objectives related to the following measures:

26         (a)  Total student credit hours;

27         (b)  Total number of contact hours of instruction

28  produced by faculty, by institution, rank, and course level;

29         (c)  Pass rates on professional licensure examinations,

30  by institution;

31

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1         (d)  Institutional quality as assessed by followup,

  2  such as analyses of employment information on former students,

  3  national rankings, and surveys of alumni, parents, clients,

  4  and employers;

  5         (e)  Length of time and number of academic credits

  6  required to complete an academic degree, by institution and by

  7  degree;

  8         (f)  Enrollment, progression, retention, and graduation

  9  rates by race and gender;

10         (g)  Student course demand;

11         (h)  An analysis of administrative and support

12  functions;

13         (i)  Every 3 years, beginning 1995-1996, an analysis of

14  the cumulative debt of students; and

15         (j)  An evaluation of the production of classroom

16  contact hours at each university in comparison to a standard

17  of 12 contact hours per term or 32 contact hours per year for

18  each full-time instructional position and the level of funding

19  provided for instruction.

20         (1)(2)  By December 31 of each year, the Board of

21  Regents shall submit an the annual accountability report

22  providing information on the implementation of performance

23  standards, actions taken to improve university achievement of

24  performance goals, the achievement of performance goals during

25  the prior year, and initiatives to be undertaken during the

26  next year. The accountability reports shall be designed in

27  consultation with the Governor's Office, the Office of the

28  Auditor General, and the Legislature.

29         (2)(3)  The Board of Regents shall recommend in the

30  annual accountability report any appropriate modifications to

31  this section.

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1         Section 9.  Subsections (12) and (13) of section

  2  240.227, Florida Statutes, are amended to read:

  3         240.227  University presidents; powers and duties.--The

  4  president is the chief administrative officer of the

  5  university and is responsible for the operation and

  6  administration of the university.  Each university president

  7  shall:

  8         (12)  Approve and execute contracts for the acquisition

  9  of commodities, goods, for equipment, for services, including

10  educational services, for leases of for real and personal

11  property, and for construction to be rendered to or by the

12  university, provided such contracts are made pursuant to rules

13  of the Board of Regents the provisions of chapter 287, as

14  applicable, are for the implementation of approved programs of

15  the university, and do not require expenditures in excess of

16  $1 million $500,000. The acquisition Goods and equipment may

17  be made acquired by installment or lease-purchase contract.

18  Such contracts may provide for the payment of interest on the

19  unpaid portion of the purchase price. Notwithstanding any

20  other provisions of this subsection, university presidents

21  shall comply with the provisions of s. 287.055 for the

22  procurement of professional services as defined therein.

23         (13)  Manage the property and financial resources of

24  the university, including, but not limited to, having the

25  authority to adjust property records and dispose of

26  state-owned tangible personal property in the university's

27  custody in accordance with procedures established by the Board

28  of Regents. Notwithstanding the provisions of s. 273.055(5),

29  all moneys received from the disposition of state-owned

30  tangible personal property shall be retained by the university

31  and disbursed for the acquisition of tangible personal

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1  property and for all necessary operating expenditures.  The

  2  university shall maintain records of the accounts into which

  3  such moneys are deposited pursuant to s. 240.225.

  4         Section 10.  Present subsection (4) of section 243.151,

  5  Florida Statutes, is renumbered as subsection (5), present

  6  subsection (3) is renumbered as subsection (4) and amended,

  7  and a new subsection (3) is added to that section, to read:

  8         243.151  Lease agreements; land, facilities.--

  9         (3)  Upon approval by the Board of Regents, a

10  university may:

11         (a)  Construct educational facilities on land that is

12  owned by a direct-support organization, as defined in s.

13  240.299, or a governmental agency at the federal, state,

14  county, or municipal level, if the university has acquired a

15  long-term lease for the use of the land.  The lease must be

16  for at least 40 years or the expected time the facilities to

17  be constructed on the land are expected to remain in a

18  condition acceptable for use, whichever is longer.

19         (b)  Acquire a short-term lease from one of the

20  entities listed in paragraph (a) for the use of land, if

21  adequate temporary or relocatable facilities are available on

22  the land.

23         (c)  Enter into a short-term lease for the use of land

24  and buildings upon which capital improvements may be made.

25

26  If sufficient land is not available from any of the entities

27  listed in paragraph (a), a university may acquire a short-term

28  lease from a private landowner or developer.

29         (4)(3)  Agreements as provided in this section shall be

30  entered into with an offeror resulting from publicly announced

31  competitive bids or proposals, except that the university may

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1  enter into an agreement with an entity enumerated in paragraph

  2  (3)(a) for leasing land or with a direct-support organization

  3  as provided in s. 240.299, which shall enter into subsequent

  4  agreements for financing and constructing the project after

  5  receiving competitive bids or proposals. Any facility

  6  constructed, lease-purchased, or purchased under such

  7  agreements, whether erected on land under the jurisdiction of

  8  the university or not, shall conform to the construction

  9  standards and codes applicable to university facilities. The

10  Board of Regents shall adopt such rules as are necessary to

11  carry out its duties and responsibilities imposed by this

12  section.

13         Section 11.  Subsection (1) of section 287.012, Florida

14  Statutes, is amended to read:

15         287.012  Definitions.--The following definitions shall

16  apply in this part:

17         (1)  "Agency" means any of the various state officers,

18  departments, boards, commissions, divisions, bureaus, and

19  councils and any other unit of organization, however

20  designated, of the executive branch of state government.

21  "Agency" does not include the Board of Regents or the State

22  University System.

23         Section 12.  Section 240.247, subsection (4) of section

24  240.4988, subsection (3) of section 287.017, and section

25  240.225, Florida Statutes, are repealed.

26         Section 13.  Section 240.2475, Florida Statutes, is

27  amended to read:

28         240.2475  State University System employment equity

29  accountability program.--

30         (1)  No later than August 1, 1992, Each state

31  university shall maintain an annual equity develop a plan for

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1  appropriate representation increasing the number of women and

  2  minorities in senior-level administrative positions, within

  3  tenure-track faculty, and within faculty granted tenure.  Such

  4  plan shall be maintained until appropriate representation has

  5  been achieved.  As used in this subsection, the term:

  6         (a)  "Appropriate representation" means category

  7  employment representation that at least meets comparable

  8  national standards for at least two consecutive reporting

  9  periods.

10         (b)  "Category" means major executive, administrative,

11  and professional grouping, including senior-level

12  administrative and professional positions, senior academic

13  administrative-level positions, and tenure-track faculty for

14  increasing the number of women and minorities in ranked

15  faculty positions, and for increasing the number of women and

16  minorities granted tenure.  The plan must include specific

17  measurable goals and objectives, specific strategies for

18  accomplishing these goals and objectives, a time period for

19  accomplishing these goals and objectives, and comparative

20  national standards.  The plan shall be submitted to the

21  Legislature on or before September 1, 1992.

22         (2)(a)  By April 1 October 31 of each year, each state

23  university president shall submit an annual equity

24  accountability report to the Chancellor and the Board of

25  Regents.  The equity report shall consist of a status update,

26  an analysis, and a status report of selected personnel

27  transactions. As used in this paragraph, the term, "selected

28  personnel transactions" means new hires in, promotions into,

29  tenure actions in, and terminations from a category.  Each

30  university shall provide the job classification title, gender,

31  race, and appointment status of selected personnel

                                  16

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1  transactions.  The status update shall assess

  2  underrepresentation in each category.  The status report shall

  3  consist of current category employment representation,

  4  comparable national standards, an evaluation of

  5  representation, and annual goals to address

  6  underrepresentation. which shows the number of administrative

  7  positions in the faculty and in the administrative and

  8  professional pay plans which were filled in the previous

  9  fiscal year.  Administrative positions include faculty

10  positions that, in whole or in part, are defined as academic

11  administration under standard practice CM 87-17.1 and

12  positions in the administrative and professional pay plans

13  that are defined as administrative positions under the Board

14  of Regents' classification of occupational groupings.  The

15  report must include the following information pertaining to

16  the employees hired in those positions:

17         1.  Job classification title;

18         2.  Gender;

19         3.  Ethnicity;

20         4.  Appointment status pursuant to chapter 6C-5.105,

21  Florida Administrative Code;

22         5.  The salary at which the individual was hired;

23         6.  Comparative information including, but not limited

24  to, composite information regarding the total number of

25  positions within the particular job title classification for

26  the university by race, gender, and the average salary or

27  salary range, where applicable, compared to the number of new

28  hires;

29         7.  Guidelines for ensuring a gender-balanced and

30  ethnically balanced selection committee for each vacancy;

31

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1         8.  Steps taken to develop a diverse pool of candidates

  2  for each vacancy; and

  3         9.  An assessment of the university's accomplishment of

  4  annual goals and of long-range goals for hiring and promoting

  5  women and minorities in senior-level administrative positions.

  6         (b)  After 1 year of implementation of a plan, and

  7  annually thereafter, for those categories in which prior year

  8  goals were not achieved, each university shall provide, in its

  9  annual equity report, a narrative explanation and a plan for

10  achievement of equity. The plan shall include guidelines for

11  ensuring balanced membership on selection committees and

12  specific steps for developing a diverse pool of candidates for

13  each vacancy in the category.  The plan shall also include a

14  systematic process by which those responsible for hiring are

15  provided information and are evaluated regarding their

16  responsibilities pursuant to this section. Each university's

17  equity accountability report must also include the following

18  information pertaining to candidates formally applying for

19  tenure:

20         1.  Rank;

21         2.  Gender;

22         3.  Ethnicity;

23         4.  The salary at which the individual was hired; and

24         5.  Comparative information including, but not limited

25  to, composite information regarding the total number of

26  positions within the particular classification for the

27  university by race, gender, and the average salary or salary

28  range, where applicable, compared to the number of new hires.

29         (c)  The equity report shall include an analysis and

30  assessment of the university's accomplishment of annual goals,

31  as specified in the university's affirmative action plan, for

                                  18

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1  increasing the representation of women and minorities in

  2  tenure-earning and senior-level administrative positions. The

  3  report must also include:

  4         1.  The requirements for achieving tenure;

  5         2.  The gender and ethnic composition of the committees

  6  that review tenure recommendations at the department, college,

  7  and university levels;

  8         3.  Guidelines for ensuring the equitable distribution

  9  of assignments that would enhance tenure opportunities for

10  women and minority faculty; and

11         4.  Guidelines for obtaining feedback on the annual

12  progress towards achievement of tenure by women and

13  minorities.

14         (d)  The equity report shall also include the current

15  rank, race, and gender of faculty eligible for tenure in a

16  category.  In addition, each university shall report

17  representation of the pool of tenure-eligible faculty at each

18  stage of the transaction process, and provide certification

19  that each eligible faculty member was apprised annually of

20  progress toward tenure. Each university shall also report on

21  the dissemination of standards for achieving tenure; racial

22  and gender composition of committees reviewing recommendations

23  at each transaction level; and dissemination of guidelines for

24  equitable distribution of assignments.

25         (3)(a)  A factor in the evaluation of university

26  presidents, vice presidents, deans, and chairpersons shall be

27  their annual progress in achieving the annual and long-range

28  hiring and promotional goals and objectives, as specified in

29  the university's equity plan and affirmative action plan.

30  Annual budget allocations for positions and funding shall be

31  based on this evaluation.  A summary of such evaluations Such

                                  19

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1  evaluation shall be submitted to the Chancellor and the Board

  2  of Regents as part of the university's annual equity report.

  3         (b)  Beginning January 1994, The Chancellor and the

  4  Board of Regents shall annually evaluate the performance of

  5  the university presidents in achieving the annual equity and

  6  long-term goals and objectives.  A summary of the results of

  7  such evaluations shall be included as part of the annual

  8  equity progress report submitted by the Board of Regents to

  9  the Legislature and the State Board of Education.

10         (4)  The Board of Regents shall submit an annual equity

11  progress report to the President of the Senate, the Speaker of

12  the House of Representatives, Legislature and the State Board

13  of Education on or before August December 1 of each year.

14         (5)  Each university shall develop a budgetary

15  incentive plan to support and ensure attainment of the goals

16  developed pursuant to this section. The plan shall specify, at

17  a minimum, how resources shall be allocated to support the

18  achievement of goals and the implementation of strategies in a

19  timely manner.  After prior review and approval by the

20  university president and the Board of Regents, the plan shall

21  be submitted as part of the annual equity report submitted by

22  each university to the Board of Regents. Effective July 1,

23  1993, positions that become vacant in the faculty or the

24  administrative and professional pay plans at a university

25  shall be transferred into a pool at that university to be

26  allocated by the administration to departments to reward

27  department managers for attaining equity goals.  Each

28  university president shall develop rules regarding the filling

29  of vacant positions and the transferring of positions into the

30  pool. Such rules must provide for a total cap on the vacant

31  position pool at 10 percent of the number of vacant positions

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1  for the university as of the date of the preparation of the

  2  initial operating budget for each year. The rule must also

  3  provide that the number of positions to be transferred into

  4  the vacant position pool, at the departmental level, may not

  5  exceed 10 percent of the total number of authorized positions

  6  for the department as of the date of the preparation of the

  7  initial operating budget for each year.  Subject to available

  8  funding, the Legislature shall provide an annual appropriation

  9  to be allocated to the department managers in recognition of

10  the attainment of equity goals and objectives.

11         (6)  Relevant components of each university's

12  affirmative action plan may be used to satisfy the

13  requirements of this section.

14         (7)  Subject to available funding, the Legislature

15  shall provide an annual appropriation to the Board of Regents

16  to be allocated to the universities to further enhance equity

17  initiatives and related priorities that support the mission of

18  departments, divisions, or colleges in recognition of the

19  attainment of equity goals and objectives.

20         Section 14.  Section 240.3355, Florida Statutes, is

21  amended to read:

22         240.3355  Community College System employment equity

23  accountability program.--

24         (1)  No later than May 1, 1993, Each community college

25  shall include in its annual equity update plan must include a

26  plan for increasing the representation number of women and

27  minorities in senior-level administrative positions and, for

28  increasing the number of women and minorities in full-time

29  ranked faculty positions, and for increasing the

30  representation number of women and minorities who have

31  attained continuing-contract status. Positions shall be

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1  defined in the personnel data element directory of the

  2  Division of Community Colleges. The plan must include specific

  3  measurable goals and objectives, specific strategies and

  4  timelines for accomplishing these goals and objectives, and

  5  comparable national standards as provided by the Division of

  6  Community Colleges a time period for accomplishing these goals

  7  and objectives. The goals and objectives shall be based on

  8  meeting or exceeding comparable national standards and shall

  9  be reviewed and recommended by the State Board of Community

10  Colleges as appropriate.  Such plans shall be maintained until

11  appropriate representation has been achieved and maintained

12  for at least 3 consecutive reporting years.

13         (2)(a)  On or before May 1 of each year, each community

14  college president shall submit an the annual employment

15  accountability plan equity update to the Executive Director of

16  the State Board of Community Colleges.  The accountability

17  plan equity update must show faculty and administrator

18  employment data according to requirements specified on the

19  federal Equal Employment Opportunity (EE0-6) report the number

20  of deans, associates, assistant deans, vice presidents,

21  associate and assistant presidents, provosts, legal counsel,

22  and similar administrative positions which were filled in the

23  previous 12-month period.  Administrative positions include

24  faculty positions that, in whole or in part, are defined as

25  academic administration by rule and positions that are defined

26  as administrative positions under the Community College

27  System's classification of occupational groupings.

28         (b)  The plan report must show the following

29  information for those positions including, but not limited to:

30         1.  Job classification title.;

31         2.  Gender.;

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1         3.  Ethnicity.;

  2         4.  Appointment status.;

  3         5.  Salary information.  At each community college,

  4  salary information shall also include including the salary

  5  ranges in which new hires were employed compared to the salary

  6  ranges for employees with comparable experience and

  7  qualifications. at which the individual was hired compared to

  8  the salary range for the respective position and to other

  9  employees in the same job title classification;

10         6.  Other comparative information including, but not

11  limited to, composite information regarding the total number

12  of positions within the particular job title classification

13  for the community college by race, gender, and salary range

14  compared to the number of new hires.;

15         7.  A statement certifying diversity and balance in the

16  gender and ethnic composition of the selection committee for

17  each vacancy, including a brief description of guidelines used

18  for ensuring balanced and diverse membership on selection and

19  review committees.;

20         8.  Steps taken to develop a diverse pool of candidates

21  for each vacancy; and

22         (c)9.  The annual employment accountability plan shall

23  also include an analysis and an assessment of the community

24  college's attainment accomplishment of annual goals and of

25  long-range goals for increasing the number of women and

26  minorities in faculty and senior-level administrative

27  positions, and a corrective action plan for addressing

28  underrepresentation.

29         (d)(c)  Each community college's employment equity

30  accountability plan report must also include:

31

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1         1.  The requirements for receiving a continuing

  2  contract.;

  3         2.  A brief description of the process used to grant

  4  The gender and ethnic composition of the committees that

  5  review continuing-contract status. recommendations;

  6         3.  A brief description of the process used to annually

  7  apprise each eligible faculty member of progress toward

  8  attainment of continuing-contract status. The enhancement of

  9  continuing-contract opportunities for women and minority

10  faculty; and

11         4.  Written documentation of feedback on the annual

12  progress towards achievement of continuing-contract status by

13  women and minorities.

14         (3)  Community college presidents and the heads of each

15  major administrative division shall be evaluated annually on

16  the progress made toward meeting the goals and objectives of

17  the community college's employment accountability equity

18  update plan.

19         (a)  The community college presidents, or the

20  president's designee, shall annually evaluate each department

21  chairperson, dean, provost, and vice president in achieving

22  the annual and long-term goals and objectives.  A summary of

23  the results of such evaluations shall be reported annually by

24  the president of the community college to the board of

25  trustees. Annual budget allocations by the board of trustees

26  for positions and funding must take into consideration these

27  evaluations this evaluation.

28         (b)  Beginning January 1994, Community college district

29  boards of trustees shall annually evaluate the performance of

30  the community college presidents in achieving the annual and

31  long-term goals and objectives.  A summary of the results of

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1  such evaluations shall be reported to the Executive Director

  2  of the State Board of Community Colleges as part of the

  3  community college's annual employment accountability plan, and

  4  to the Legislature and State Board of Education as part of the

  5  annual equity progress report submitted by the State Board of

  6  Community Colleges.

  7         (4)(c)  The State Board of Community Colleges shall

  8  submit an annual equity progress report to the President of

  9  the Senate, the Speaker of the House of Representatives,

10  Legislature and the State Board of Education on or before

11  January December 1 of each year.

12         (5)  Each community college shall develop a budgetary

13  incentive plan to support and ensure attainment of the goals

14  developed pursuant to this section.  The plan shall specify,

15  at a minimum, how resources shall be allocated to support the

16  achievement of goals and the implementation of strategies in a

17  timely manner.  After prior review and approval by the

18  community college president and the State Board of Community

19  Colleges, the plan shall be submitted as part of the annual

20  employment accountability plan submitted by each community

21  college to the State Board of Community Colleges.

22         (6)(4)  Subject to available funding, the Legislature

23  shall provide an annual appropriation to the State Board of

24  Community Colleges to be allocated to community college

25  presidents, faculty, and administrative personnel to further

26  enhance equity initiatives and related priorities that support

27  the mission of colleges and departments the department

28  managers in recognition of the attainment of the equity goals

29  and objectives.

30         Section 15.  This act shall take effect July 1, 1998.

31

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    Florida Senate - 1998                                  SB 1358
    13-744-98                                           See HB 755




  1            *****************************************

  2                          SENATE SUMMARY

  3    Revises a wide variety of provisions relating to
      postsecondary education, including provisions relating to
  4    rulemaking, acquisition of property and services, records
      and reports, and accountability.  (See bill for details.)
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