House Bill 0755e2
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HB 755, Second Engrossed
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.
31 240.289, F.S.; revising rulemaking for credit
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HB 755, Second Engrossed
1 card use; amending s. 243.151, F.S.; providing
2 a procedure under which a university may
3 construct facilities on leased property;
4 amending s. 287.012, F.S.; excluding the Board
5 of Regents and the State University System from
6 the term "agency" for purposes of state
7 procurement of commodities and services;
8 repealing ss. 240.225, 240.247, 240.4988(4),
9 and 287.017(3), F.S., relating to delegation of
10 authority by the Department of Management
11 Services to the State University System,
12 eradication of salary discrimination, Board of
13 Regents' rules for the Theodore R. and Vivian
14 M. Johnson Scholarship Program, and
15 applicability of purchasing category rules to
16 the State University System; amending s.
17 240.2475, F.S., relating to the State
18 University System equity accountability
19 program; requiring each state university to
20 maintain an equity plan to increase the
21 representation of women and minorities in
22 faculty and administrative positions; providing
23 for the submission of reports; requiring the
24 development of a plan for achievement of
25 equity; providing for administrative
26 evaluations; requiring the development of a
27 budgetary incentive plan; providing for an
28 appropriation; amending s. 240.3355, F.S.,
29 relating to the State Community College System
30 equity accountability program; requiring each
31 community college to maintain a plan to
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HB 755, Second Engrossed
1 increase the representation of women and
2 minorities in faculty and administrative
3 positions; providing contents of an employment
4 accountability plan; requiring the development
5 of a plan for corrective action; providing for
6 administrative evaluations; providing for
7 submission of reports; requiring the
8 development of a budgetary incentive plan;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (a) of subsection (6) of section
14 110.131, Florida Statutes, 1996 Supplement, is amended to
15 read:
16 110.131 Other-personal-services temporary
17 employment.--
18 (6)(a) The provisions of subsections (2), (3), and (4)
19 do not apply to any employee for whom the Board of Regents or
20 the Board of Trustees of the Florida School for the Deaf and
21 the Blind is the employer as defined in s. 447.203(2); except
22 that, for purposes of subsection (5), the Board of Regents and
23 the Board of Trustees of the Florida School for the Deaf and
24 the Blind shall comply with the recordkeeping and reporting
25 requirements adopted by the department pursuant to subsection
26 (3) with respect to those other-personal-services employees
27 exempted by this subsection.
28 Section 2. Section 235.055, Florida Statutes, is
29 amended to read:
30 235.055 Construction of facilities on leased property;
31 conditions.--
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HB 755, Second Engrossed
1 (1) A board may Boards, including the Board of
2 Regents, are authorized to construct or place educational
3 facilities and ancillary facilities on land which is owned by
4 any person after the board has acquired from the owner of the
5 land a long-term lease for the use of this land for a period
6 of not less than 40 years or the life expectancy of the
7 permanent facilities constructed thereon, whichever is longer.
8 (2) A board may, including the Board of Regents, is
9 authorized to enter into a short-term lease for the use of
10 land owned by any person on which temporary or relocatable
11 facilities are to be utilized.
12 Section 3. Subsections (2) and (4) of section 235.195,
13 Florida Statutes, are amended to read:
14 235.195 Cooperative development and use of facilities
15 by two or more boards.--
16 (2) An educational plant survey must be conducted
17 within 90 days after submission of the joint resolution and
18 substantiating data describing the benefits to be obtained,
19 the programs to be offered, and the estimated cost of the
20 proposed project. Upon completion of the educational plant
21 survey, the participating boards may include the recommended
22 projects in their plan as provided in s. 235.16. Upon approval
23 of the project by the commissioner, up to 25 percent of the
24 total cost of the project must be included in the department's
25 legislative capital outlay budget request as provided in s.
26 235.41 for educational plants. The participating boards must
27 include in their joint resolution a commitment to finance the
28 remaining funds necessary to complete the planning,
29 construction, and equipping of the facility. Funds from the
30 Public Education Capital Outlay and Debt Service Trust Fund
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HB 755, Second Engrossed
1 may not be expended on any project unless specifically
2 authorized by the Legislature.
3 (4) No school board, community college, or state
4 university shall receive funding for more than one approved
5 joint-use facility in any 5-year period effective August 1,
6 1990. All projects previously approved under the provisions of
7 this section shall not be affected. The first year of the
8 5-year period shall be the first year a board receives an
9 appropriation.
10 Section 4. Paragraph (j) is added to subsection (10)
11 of section 240.1201, Florida Statutes, 1996 Supplement, to
12 read:
13 240.1201 Determination of resident status for tuition
14 purposes.--Students shall be classified as residents or
15 nonresidents for the purpose of assessing tuition fees in
16 public community colleges and universities.
17 (10) The following persons shall be classified as
18 residents for tuition purposes:
19 (j) Active duty members of the Canadian military
20 residing or stationed in this state under the North American
21 Air Defense (NORAD) agreement, and their spouses and dependent
22 children, attending a public community college or university
23 within 50 miles of the military establishment where they are
24 stationed.
25 Section 5. Subsection (4) of section 240.147, Florida
26 Statutes, is amended to read:
27 240.147 Powers and duties of the commission.--The
28 commission shall:
29 (4) Recommend to the State Board of Education
30 contracts with independent institutions to conduct programs
31 consistent with the state master plan for postsecondary
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HB 755, Second Engrossed
1 education. In making recommendations, the commission shall
2 consider the annual report submitted by the Board of Regents
3 pursuant to s. 240.209(3)(s)(r). Each program shall be
4 reviewed, with the cooperation of the institution, every 5
5 years.
6 Section 6. Subsection (6) of section 240.205, Florida
7 Statutes, is amended to read:
8 240.205 Board of Regents incorporated.--The Board of
9 Regents is hereby created as a body corporate with all the
10 powers of a body corporate for all the purposes created by, or
11 that may exist under, the provisions of this chapter or laws
12 amendatory hereof and shall:
13 (6) Acquire real and personal property and contract
14 for the sale and disposal of same and approve and execute
15 contracts for the acquisition of commodities, goods,
16 equipment, contractual or services, including educational
17 services for leases of real and personal property, and for
18 construction, in accordance with chapter 287, as applicable.
19 The acquisition may include purchase by installment or
20 lease-purchase. Such contracts may provide for payment of
21 interest on the unpaid portion of the purchase price. The
22 board may also acquire the same commodities, goods, equipment,
23 contractual services, leases, and construction, as designated
24 for the board, for use by a university when the contractual
25 obligation exceeds $1 million $500,000. Title to all real
26 property, however acquired, shall be vested in the Board of
27 Trustees of the Internal Improvement Trust Fund and shall be
28 transferred and conveyed by it. Notwithstanding any other
29 provisions of this subsection, the Board of Regents shall
30 comply with the provisions of s. 287.055 for the procurement
31 of professional services as defined therein.
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HB 755, Second Engrossed
1 Section 7. Paragraphs (e) and (r) of subsection (3) of
2 section 240.209, Florida Statutes, 1996 Supplement, are
3 amended, and subsection (9) is added to said section, to read:
4 240.209 Board of Regents; powers and duties.--
5 (3) The board shall:
6 (e) Establish student fees.
7 1. By no later than December 1 of each year, the board
8 shall raise the systemwide standard for resident undergraduate
9 matriculation and financial aid fees for the subsequent fall
10 term, up to but no more than 25 percent of the prior year's
11 cost of undergraduate programs. In implementing this
12 paragraph, fees charged for graduate, medical, veterinary, and
13 dental programs may be increased by the Board of Regents in
14 the same percentage as the increase in fees for resident
15 undergraduates. However, in the absence of legislative action
16 to the contrary in an appropriations act, the board may not
17 approve annual fee increases for resident students in excess
18 of 10 percent. The sum of nonresident student matriculation
19 and tuition fees must be sufficient to defray the full cost of
20 undergraduate education. Graduate, medical, veterinary, and
21 dental fees charged to nonresidents may be increased by the
22 board in the same percentage as the increase in fees for
23 nonresident undergraduates. However, in implementing this
24 policy and in the absence of legislative action to the
25 contrary in an appropriations act, annual fee increases for
26 nonresident students may not exceed 25 percent. In the absence
27 of legislative action to the contrary in the General
28 Appropriations Act, the fees shall go into effect for the
29 following fall term.
30 2. When the appropriations act requires a new fee
31 schedule, the board shall establish a systemwide standard fee
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HB 755, Second Engrossed
1 schedule required to produce the total fee revenue established
2 in the appropriations act based on the product of the assigned
3 enrollment and the fee schedule. The board may approve the
4 expenditure of any fee revenues resulting from the product of
5 the fee schedule adopted pursuant to this section and the
6 assigned enrollment.
7 3. Upon provision of authority in a General
8 Appropriations Act to spend revenue raised pursuant to this
9 section, the board shall approve a university request to
10 implement a matriculation and out-of-state tuition fee
11 schedule which is calculated to generate revenue which varies
12 no more than 10 percent from the standard fee revenues
13 authorized through an appropriations act. In implementing an
14 alternative fee schedule, the increase in cost to a student
15 taking 15 hours in one term shall be limited to 5 percent.
16 Matriculation and out-of-state tuition fee revenues generated
17 as a result of this provision are to be expended for
18 implementing a plan for achieving accountability goals adopted
19 pursuant to s. 240.214(2) and for implementing a Board of
20 Regents-approved plan to contain student costs by reducing the
21 time necessary for graduation without reducing the quality of
22 instruction. The plans shall be recommended by a
23 universitywide committee, at least one-half of whom are
24 students appointed by the student body president. A
25 chairperson, appointed jointly by the university president and
26 the student body president, shall vote only in the case of a
27 tie.
28 4. The board is authorized to collect for financial
29 aid purposes an amount not to exceed 5 percent of the student
30 tuition and matriculation fee per credit hour. The revenues
31 from fees are to remain at each campus and replace existing
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HB 755, Second Engrossed
1 financial aid fees. Such funds shall be disbursed to students
2 as quickly as possible. The board shall specify specific
3 limits on the percent of the fees collected in a fiscal year
4 which may be carried forward unexpended to the following
5 fiscal year. A minimum of 50 percent of funds from the student
6 financial aid fee shall be used to provide financial aid based
7 on absolute need. A student who has received an award prior to
8 July 1, 1984, shall have his or her eligibility assessed on
9 the same criteria that was used at the time of his or her
10 original award.
11 5. The board may recommend to the Legislature an
12 appropriate systemwide standard matriculation and tuition fee
13 schedule.
14 6. The Education and General Student and Other Fees
15 Trust Fund is hereby created, to be administered by the
16 Department of Education. Funds shall be credited to the trust
17 fund from student fee collections and other miscellaneous fees
18 and receipts. The purpose of the trust fund is to support the
19 instruction and research missions of the State University
20 System. Notwithstanding the provisions of s. 216.301, and
21 pursuant to s. 216.351, any balance in the trust fund at the
22 end of any fiscal year shall remain in the trust fund and
23 shall be available for carrying out the purposes of the trust
24 fund.
25 (r) Adopt such rules as are necessary to carry out its
26 duties and responsibilities, including, but not limited to,
27 procedures to administer an acquisition program for the
28 purchase or lease of real and personal property and
29 contractual services pursuant to s. 240.205(6).
30 (9) Notwithstanding the provisions of s. 253.025, the
31 Board of Regents may, with the consent of the Board of
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HB 755, Second Engrossed
1 Trustees of the Internal Improvement Trust Fund, sell, convey,
2 transfer, exchange, trade, or purchase real property and
3 related improvements necessary and desirable to serve the
4 needs and purposes of a university in the State University
5 System.
6 (a) The board may secure appraisals and surveys. The
7 board shall comply with the rules of the Board of Trustees of
8 the Internal Improvement Trust Fund in securing appraisals.
9 Whenever the board finds it necessary for timely property
10 acquisition, it may contract, without the need for competitive
11 selection, with one or more appraisers whose names are
12 contained on the list of approved appraisers maintained by the
13 Division of State Lands in the Department of Environmental
14 Protection.
15 (b) The board may negotiate and enter into an option
16 contract before an appraisal is obtained. The option contract
17 must state that the final purchase price may not exceed the
18 maximum value allowed by law. The consideration for such an
19 option contract may not exceed 10 percent of the estimate
20 obtained by the board or 10 percent of the value of the
21 parcel, whichever is greater, unless otherwise authorized by
22 the board.
23 (c) This subsection is not intended to abrogate in any
24 manner the authority delegated to the Board of Trustees of the
25 Internal Improvement Trust Fund or the Division of State Lands
26 to approve a contract for purchase of state lands or to
27 require policies and procedures to obtain clear legal title to
28 parcels purchased for state purposes. Title to property
29 acquired by the board shall vest in the Board of Trustees of
30 the Internal Improvement Trust Fund.
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HB 755, Second Engrossed
1 Section 8. Section 240.214, Florida Statutes, is
2 amended to read:
3 240.214 State University System accountability
4 process.--It is the intent of the Legislature that an
5 accountability process be implemented which provides for the
6 systematic, ongoing evaluation of quality and effectiveness in
7 the State University System. It is further the intent of the
8 Legislature that this accountability process monitor
9 performance at the system level in each of the major areas of
10 instruction, research, and public service, while recognizing
11 the differing missions of each of the state universities. The
12 accountability process shall provide for the adoption of
13 systemwide performance standards and performance goals for
14 each standard identified through a collaborative effort
15 involving the State University System, the Legislature, and
16 the Governor's Office. These standards and goals shall be
17 consistent with s. 216.011(1) to maintain congruity with the
18 performance-based budgeting process. This process requires
19 that university accountability reports reflect measures
20 defined through performance-based budgeting. The
21 performance-based budgeting measures must also reflect the
22 elements of teaching, research, and service inherent in the
23 missions of the institutions in the State University System.
24 The accountability process shall result in an annual
25 accountability report to the Legislature.
26 (1) The annual accountability report shall include
27 goals and measurable objectives related to the systemwide
28 strategic plan pursuant to s. 240.209. The plan must include,
29 at a minimum, objectives related to the following measures:
30 (a) Total student credit hours;
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HB 755, Second Engrossed
1 (b) Total number of contact hours of instruction
2 produced by faculty, by institution, rank, and course level;
3 (c) Pass rates on professional licensure examinations,
4 by institution;
5 (d) Institutional quality as assessed by followup,
6 such as analyses of employment information on former students,
7 national rankings, and surveys of alumni, parents, clients,
8 and employers;
9 (e) Length of time and number of academic credits
10 required to complete an academic degree, by institution and by
11 degree;
12 (f) Enrollment, progression, retention, and graduation
13 rates by race and gender;
14 (g) Student course demand;
15 (h) An analysis of administrative and support
16 functions;
17 (i) Every 3 years, beginning 1995-1996, an analysis of
18 the cumulative debt of students; and
19 (j) An evaluation of the production of classroom
20 contact hours at each university in comparison to a standard
21 of 12 contact hours per term or 32 contact hours per year for
22 each full-time instructional position and the level of funding
23 provided for instruction.
24 (1)(2) By December 31 of each year, the Board of
25 Regents shall submit an the annual accountability report
26 providing information on the implementation of performance
27 standards, actions taken to improve university achievement of
28 performance goals, the achievement of performance goals during
29 the prior year, and initiatives to be undertaken during the
30 next year. The accountability reports shall be designed in
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HB 755, Second Engrossed
1 consultation with the Governor's Office, the Office of the
2 Auditor General, and the Legislature.
3 (2)(3) The Board of Regents shall recommend in the
4 annual accountability report any appropriate modifications to
5 this section.
6 Section 9. Subsections (12) and (13) of section
7 240.227, Florida Statutes, are amended to read:
8 240.227 University presidents; powers and duties.--The
9 president is the chief administrative officer of the
10 university and is responsible for the operation and
11 administration of the university. Each university president
12 shall:
13 (12) Approve and execute contracts for the acquisition
14 of commodities, goods, for equipment, for services, including
15 educational services, for leases of for real and personal
16 property, and for construction to be rendered to or by the
17 university, provided such contracts are made pursuant to rules
18 of the Board of Regents the provisions of chapter 287, as
19 applicable, are for the implementation of approved programs of
20 the university, and do not require expenditures in excess of
21 $1 million $500,000. The acquisition Goods and equipment may
22 be made acquired by installment or lease-purchase contract.
23 Such contracts may provide for the payment of interest on the
24 unpaid portion of the purchase price. Notwithstanding any
25 other provisions of this subsection, university presidents
26 shall comply with the provisions of s. 287.055 for the
27 procurement of professional services as defined therein.
28 (13) Manage the property and financial resources of
29 the university, including, but not limited to, having the
30 authority to adjust property records and dispose of
31 state-owned tangible personal property in the university's
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HB 755, Second Engrossed
1 custody in accordance with procedures established by the Board
2 of Regents. Notwithstanding the provisions of s. 273.055(5),
3 all moneys received from the disposition of state-owned
4 tangible personal property shall be retained by the university
5 and disbursed for the acquisition of tangible personal
6 property and for all necessary operating expenditures. The
7 university shall maintain records of the accounts into which
8 such moneys are deposited pursuant to s. 240.225.
9 Section 10. Section 240.289, Florida Statutes, is
10 amended to read:
11 240.289 Credit and charge card use in university
12 system; authority.--The several universities in the State
13 University System are authorized, notwithstanding the
14 provisions of pursuant to s. 215.322, to enter into agreements
15 and accept credit and charge card payments as compensation for
16 goods, services, tuition, and fees in accordance with rules
17 established by the Board of Regents. Such rules shall allow
18 the universities to accept credit and charge card payment for
19 tuition, nonresident tuition, and fees without collecting a
20 service fee or surcharge.
21 Section 11. Subsection (4) of section 243.151, Florida
22 Statutes, is renumbered as subsection (5), subsection (3) is
23 renumbered as subsection (4) and amended, and a new subsection
24 (3) is added to said section, to read:
25 243.151 Lease agreements; land, facilities.--
26 (3) Upon approval by the Board of Regents, a
27 university may:
28 (a) Construct educational facilities on land that is
29 owned by a direct-support organization, as defined in s.
30 240.299, or a governmental agency at the federal, state,
31 county, or municipal level, if the university has acquired a
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HB 755, Second Engrossed
1 long-term lease for the use of the land. The lease must be
2 for at least 40 years or the expected time the facilities to
3 be constructed on the land are expected to remain in a
4 condition acceptable for use, whichever is longer.
5 (b) Acquire a short-term lease from one of the
6 entities listed in paragraph (a) for the use of land, if
7 adequate temporary or relocatable facilities are available on
8 the land.
9 (c) Enter into a short-term lease for the use of land
10 and buildings upon which capital improvements may be made.
11
12 If sufficient land is not available from any of the entities
13 listed in paragraph (a), a university may acquire a short-term
14 lease from a private landowner or developer.
15 (4)(3) Agreements as provided in this section shall be
16 entered into with an offeror resulting from publicly announced
17 competitive bids or proposals, except that the university may
18 enter into an agreement with an entity enumerated in paragraph
19 (3)(a) for leasing land or with a direct-support organization
20 as provided in s. 240.299, which shall enter into subsequent
21 agreements for financing and constructing the project after
22 receiving competitive bids or proposals. Any facility
23 constructed, lease-purchased, or purchased under such
24 agreements, whether erected on land under the jurisdiction of
25 the university or not, shall conform to the construction
26 standards and codes applicable to university facilities. The
27 Board of Regents shall adopt such rules as are necessary to
28 carry out its duties and responsibilities imposed by this
29 section.
30 Section 12. Subsection (1) of section 287.012, Florida
31 Statutes, 1996 Supplement, is amended to read:
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HB 755, Second Engrossed
1 287.012 Definitions.--The following definitions shall
2 apply in this part:
3 (1) "Agency" means any of the various state officers,
4 departments, boards, commissions, divisions, bureaus, and
5 councils and any other unit of organization, however
6 designated, of the executive branch of state government.
7 "Agency" does not include the Board of Regents or the State
8 University System.
9 Section 13. Section 240.247, subsection (4) of section
10 240.4988, and subsection (3) of section 287.017, Florida
11 Statutes, and section 240.225, Florida Statutes, as amended by
12 chapter 94-226, Laws of Florida, are hereby repealed.
13 Section 14. Section 240.2475, Florida Statutes, is
14 amended to read:
15 240.2475 State University System employment equity
16 accountability program.--
17 (1) No later than August 1, 1992, Each state
18 university shall maintain an annual equity develop a plan for
19 appropriate representation increasing the number of women and
20 minorities in senior-level administrative positions, within
21 tenure-track faculty, and within faculty granted tenure. Such
22 plan shall be maintained until appropriate representation has
23 been achieved. As used in this subsection, the term:
24 (a) "Appropriate representation" means category
25 employment representation that at least meets comparable
26 national standards for at least two consecutive reporting
27 periods.
28 (b) "Category" means major executive, administrative,
29 and professional grouping, including senior-level
30 administrative and professional positions, senior academic
31 administrative-level positions, and tenure-track faculty for
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HB 755, Second Engrossed
1 increasing the number of women and minorities in ranked
2 faculty positions, and for increasing the number of women and
3 minorities granted tenure. The plan must include specific
4 measurable goals and objectives, specific strategies for
5 accomplishing these goals and objectives, a time period for
6 accomplishing these goals and objectives, and comparative
7 national standards. The plan shall be submitted to the
8 Legislature on or before September 1, 1992.
9 (2)(a) By April 1 October 31 of each year, each state
10 university president shall submit an annual equity
11 accountability report to the Chancellor and the Board of
12 Regents. The equity report shall consist of a status update,
13 an analysis, and a status report of selected personnel
14 transactions. As used in this paragraph, the term, "selected
15 personnel transactions" means new hires in, promotions into,
16 tenure actions in, and terminations from a category. Each
17 university shall provide the job classification title, gender,
18 race, and appointment status of selected personnel
19 transactions. The status update shall assess
20 underrepresentation in each category. The status report shall
21 consist of current category employment representation,
22 comparable national standards, an evaluation of
23 representation, and annual goals to address
24 underrepresentation. which shows the number of administrative
25 positions in the faculty and in the administrative and
26 professional pay plans which were filled in the previous
27 fiscal year. Administrative positions include faculty
28 positions that, in whole or in part, are defined as academic
29 administration under standard practice CM 87-17.1 and
30 positions in the administrative and professional pay plans
31 that are defined as administrative positions under the Board
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HB 755, Second Engrossed
1 of Regents' classification of occupational groupings. The
2 report must include the following information pertaining to
3 the employees hired in those positions:
4 1. Job classification title;
5 2. Gender;
6 3. Ethnicity;
7 4. Appointment status pursuant to chapter 6C-5.105,
8 Florida Administrative Code;
9 5. The salary at which the individual was hired;
10 6. Comparative information including, but not limited
11 to, composite information regarding the total number of
12 positions within the particular job title classification for
13 the university by race, gender, and the average salary or
14 salary range, where applicable, compared to the number of new
15 hires;
16 7. Guidelines for ensuring a gender-balanced and
17 ethnically balanced selection committee for each vacancy;
18 8. Steps taken to develop a diverse pool of candidates
19 for each vacancy; and
20 9. An assessment of the university's accomplishment of
21 annual goals and of long-range goals for hiring and promoting
22 women and minorities in senior-level administrative positions.
23 (b) After 1 year of implementation of a plan, and
24 annually thereafter, for those categories in which prior year
25 goals were not achieved, each university shall provide, in its
26 annual equity report, a narrative explanation and a plan for
27 achievement of equity. The plan shall include guidelines for
28 ensuring balanced membership on selection committees and
29 specific steps for developing a diverse pool of candidates for
30 each vacancy in the category. The plan shall also include a
31 systematic process by which those responsible for hiring are
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HB 755, Second Engrossed
1 provided information and are evaluated regarding their
2 responsibilities pursuant to this section. Each university's
3 equity accountability report must also include the following
4 information pertaining to candidates formally applying for
5 tenure:
6 1. Rank;
7 2. Gender;
8 3. Ethnicity;
9 4. The salary at which the individual was hired; and
10 5. Comparative information including, but not limited
11 to, composite information regarding the total number of
12 positions within the particular classification for the
13 university by race, gender, and the average salary or salary
14 range, where applicable, compared to the number of new hires.
15 (c) The equity report shall include an analysis and
16 assessment of the university's accomplishment of annual goals,
17 as specified in the university's affirmative action plan, for
18 increasing the representation of women and minorities in
19 tenure-earning and senior-level administrative positions. The
20 report must also include:
21 1. The requirements for achieving tenure;
22 2. The gender and ethnic composition of the committees
23 that review tenure recommendations at the department, college,
24 and university levels;
25 3. Guidelines for ensuring the equitable distribution
26 of assignments that would enhance tenure opportunities for
27 women and minority faculty; and
28 4. Guidelines for obtaining feedback on the annual
29 progress towards achievement of tenure by women and
30 minorities.
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HB 755, Second Engrossed
1 (d) The equity report shall also include the current
2 rank, race, and gender of faculty eligible for tenure in a
3 category. In addition, each university shall report
4 representation of the pool of tenure-eligible faculty at each
5 stage of the transaction process, and provide certification
6 that each eligible faculty member was apprised annually of
7 progress toward tenure. Each university shall also report on
8 the dissemination of standards for achieving tenure; racial
9 and gender composition of committees reviewing recommendations
10 at each transaction level; and dissemination of guidelines for
11 equitable distribution of assignments.
12 (3)(a) A factor in the evaluation of university
13 presidents, vice presidents, deans, and chairpersons shall be
14 their annual progress in achieving the annual and long-range
15 hiring and promotional goals and objectives, as specified in
16 the university's equity plan and affirmative action plan.
17 Annual budget allocations for positions and funding shall be
18 based on this evaluation. A summary of such evaluations Such
19 evaluation shall be submitted to the Chancellor and the Board
20 of Regents as part of the university's annual equity report.
21 (b) Beginning January 1994, The Chancellor and the
22 Board of Regents shall annually evaluate the performance of
23 the university presidents in achieving the annual equity and
24 long-term goals and objectives. A summary of the results of
25 such evaluations shall be included as part of the annual
26 equity progress report submitted by the Board of Regents to
27 the Legislature and the State Board of Education.
28 (4) The Board of Regents shall submit an annual equity
29 progress report to the President of the Senate, the Speaker of
30 the House of Representatives, Legislature and the State Board
31 of Education on or before August December 1 of each year.
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HB 755, Second Engrossed
1 (5) Each university shall develop a budgetary
2 incentive plan to support and ensure attainment of the goals
3 developed pursuant to this section. The plan shall specify, at
4 a minimum, how resources shall be allocated to support the
5 achievement of goals and the implementation of strategies in a
6 timely manner. After prior review and approval by the
7 university president and the Board of Regents, the plan shall
8 be submitted as part of the annual equity report submitted by
9 each university to the Board of Regents. Effective July 1,
10 1993, positions that become vacant in the faculty or the
11 administrative and professional pay plans at a university
12 shall be transferred into a pool at that university to be
13 allocated by the administration to departments to reward
14 department managers for attaining equity goals. Each
15 university president shall develop rules regarding the filling
16 of vacant positions and the transferring of positions into the
17 pool. Such rules must provide for a total cap on the vacant
18 position pool at 10 percent of the number of vacant positions
19 for the university as of the date of the preparation of the
20 initial operating budget for each year. The rule must also
21 provide that the number of positions to be transferred into
22 the vacant position pool, at the departmental level, may not
23 exceed 10 percent of the total number of authorized positions
24 for the department as of the date of the preparation of the
25 initial operating budget for each year. Subject to available
26 funding, the Legislature shall provide an annual appropriation
27 to be allocated to the department managers in recognition of
28 the attainment of equity goals and objectives.
29 (6) Relevant components of each university's
30 affirmative action plan may be used to satisfy the
31 requirements of this section.
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HB 755, Second Engrossed
1 (7) Subject to available funding, the Legislature
2 shall provide an annual appropriation to the Board of Regents
3 to be allocated to the universities to further enhance equity
4 initiatives and related priorities that support the mission of
5 departments, divisions, or colleges in recognition of the
6 attainment of equity goals and objectives.
7 Section 15. Section 240.3355, Florida Statutes, is
8 amended to read:
9 240.3355 Community College System employment equity
10 accountability program.--
11 (1) No later than May 1, 1993, Each community college
12 shall include in its annual equity update plan must include a
13 plan for increasing the representation number of women and
14 minorities in senior-level administrative positions and, for
15 increasing the number of women and minorities in full-time
16 ranked faculty positions, and for increasing the
17 representation number of women and minorities who have
18 attained continuing-contract status. Positions shall be
19 defined in the personnel data element directory of the
20 Division of Community Colleges. The plan must include specific
21 measurable goals and objectives, specific strategies and
22 timelines for accomplishing these goals and objectives, and
23 comparable national standards as provided by the Division of
24 Community Colleges a time period for accomplishing these goals
25 and objectives. The goals and objectives shall be based on
26 meeting or exceeding comparable national standards and shall
27 be reviewed and recommended by the State Board of Community
28 Colleges as appropriate. Such plans shall be maintained until
29 appropriate representation has been achieved and maintained
30 for at least 3 consecutive reporting years.
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HB 755, Second Engrossed
1 (2)(a) On or before May 1 of each year, each community
2 college president shall submit an the annual employment
3 accountability plan equity update to the Executive Director of
4 the State Board of Community Colleges. The accountability
5 plan equity update must show faculty and administrator
6 employment data according to requirements specified on the
7 federal Equal Employment Opportunity (EE0-6) report the number
8 of deans, associates, assistant deans, vice presidents,
9 associate and assistant presidents, provosts, legal counsel,
10 and similar administrative positions which were filled in the
11 previous 12-month period. Administrative positions include
12 faculty positions that, in whole or in part, are defined as
13 academic administration by rule and positions that are defined
14 as administrative positions under the Community College
15 System's classification of occupational groupings.
16 (b) The plan report must show the following
17 information for those positions including, but not limited to:
18 1. Job classification title.;
19 2. Gender.;
20 3. Ethnicity.;
21 4. Appointment status.;
22 5. Salary information. At each community college,
23 salary information shall also include including the salary
24 ranges in which new hires were employed compared to the salary
25 ranges for employees with comparable experience and
26 qualifications. at which the individual was hired compared to
27 the salary range for the respective position and to other
28 employees in the same job title classification;
29 6. Other comparative information including, but not
30 limited to, composite information regarding the total number
31 of positions within the particular job title classification
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HB 755, Second Engrossed
1 for the community college by race, gender, and salary range
2 compared to the number of new hires.;
3 7. A statement certifying diversity and balance in the
4 gender and ethnic composition of the selection committee for
5 each vacancy, including a brief description of guidelines used
6 for ensuring balanced and diverse membership on selection and
7 review committees.;
8 8. Steps taken to develop a diverse pool of candidates
9 for each vacancy; and
10 (c)9. The annual employment accountability plan shall
11 also include an analysis and an assessment of the community
12 college's attainment accomplishment of annual goals and of
13 long-range goals for increasing the number of women and
14 minorities in faculty and senior-level administrative
15 positions, and a corrective action plan for addressing
16 underrepresentation.
17 (d)(c) Each community college's employment equity
18 accountability plan report must also include:
19 1. The requirements for receiving a continuing
20 contract.;
21 2. A brief description of the process used to grant
22 The gender and ethnic composition of the committees that
23 review continuing-contract status. recommendations;
24 3. A brief description of the process used to annually
25 apprise each eligible faculty member of progress toward
26 attainment of continuing-contract status. The enhancement of
27 continuing-contract opportunities for women and minority
28 faculty; and
29 4. Written documentation of feedback on the annual
30 progress towards achievement of continuing-contract status by
31 women and minorities.
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HB 755, Second Engrossed
1 (3) Community college presidents and the heads of each
2 major administrative division shall be evaluated annually on
3 the progress made toward meeting the goals and objectives of
4 the community college's employment accountability equity
5 update plan.
6 (a) The community college presidents, or the
7 president's designee, shall annually evaluate each department
8 chairperson, dean, provost, and vice president in achieving
9 the annual and long-term goals and objectives. A summary of
10 the results of such evaluations shall be reported annually by
11 the president of the community college to the board of
12 trustees. Annual budget allocations by the board of trustees
13 for positions and funding must take into consideration these
14 evaluations this evaluation.
15 (b) Beginning January 1994, Community college district
16 boards of trustees shall annually evaluate the performance of
17 the community college presidents in achieving the annual and
18 long-term goals and objectives. A summary of the results of
19 such evaluations shall be reported to the Executive Director
20 of the State Board of Community Colleges as part of the
21 community college's annual employment accountability plan, and
22 to the Legislature and State Board of Education as part of the
23 annual equity progress report submitted by the State Board of
24 Community Colleges.
25 (4)(c) The State Board of Community Colleges shall
26 submit an annual equity progress report to the President of
27 the Senate, the Speaker of the House of Representatives,
28 Legislature and the State Board of Education on or before
29 January December 1 of each year.
30 (5) Each community college shall develop a budgetary
31 incentive plan to support and ensure attainment of the goals
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HB 755, Second Engrossed
1 developed pursuant to this section. The plan shall specify,
2 at a minimum, how resources shall be allocated to support the
3 achievement of goals and the implementation of strategies in a
4 timely manner. After prior review and approval by the
5 community college president and the State Board of Community
6 Colleges, the plan shall be submitted as part of the annual
7 employment accountability plan submitted by each community
8 college to the State Board of Community Colleges.
9 (6)(4) Subject to available funding, the Legislature
10 shall provide an annual appropriation to the State Board of
11 Community Colleges to be allocated to community college
12 presidents, faculty, and administrative personnel to further
13 enhance equity initiatives and related priorities that support
14 the mission of colleges and departments the department
15 managers in recognition of the attainment of the equity goals
16 and objectives.
17 Section 16. This act shall take effect July 1, 1997.
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