House Bill 1567e1

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                                CS/CS/HB 1567, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to rulemaking authority within

  3         the State University System; amending s.

  4         240.209, F.S.; revising language; clarifying

  5         the authority of the Board of Regents to

  6         establish certain fees, delegate authority to

  7         the Chancellor or the universities, allow the

  8         waiver of certain fees, manage systemwide

  9         enrollment, govern the admission of students

10         into the State University System, establish

11         policies relating to credit and noncredit

12         offerings, and establish and regulate faculty

13         practice plans for the academic health science

14         centers; providing and clarifying authority to

15         adopt rules to implement such powers and

16         duties; correcting an obsolete cross reference;

17         deleting unnecessary cross references; amending

18         s. 240.227, F.S.; clarifying the rulemaking

19         authority of university presidents regarding

20         conditions of employment of university

21         personnel and the management of property and

22         financial resources of the university;

23         providing rulemaking authority regarding

24         internal procedures of student governments, the

25         use and protection of data and technology, and

26         compliance with federal laws; amending s.

27         240.229, F.S., relating to the powers of the

28         university with regard to patents, copyrights,

29         and trademarks; authorizing the adoption of

30         rules; amending s. 240.233, F.S., relating to

31         university admission of students; authorizing


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                                CS/CS/HB 1567, First Engrossed/ntc



  1         the adoption of rules by the university

  2         president; revising requirements for minimum

  3         standards for undergraduate admission relating

  4         to foreign language and requiring submission of

  5         a test score; prohibiting university admission

  6         standards for limiting the ability of high

  7         school students to choose electives; amending

  8         s. 240.241, F.S., relating to divisions of

  9         sponsored research at state universities;

10         authorizing the adoption of rules by the

11         university president; amending s. 240.261,

12         F.S.; clarifying the rulemaking authority of

13         universities with regard to student and

14         employee conduct; amending s. 240.291, F.S.;

15         providing rulemaking authority regarding

16         delinquent accounts; providing an effective

17         date.

18

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

20

21         Section 1.  Subsection (1) and paragraphs (e), (f),

22  (p), (q), (r), and (t) of subsection (3) of section 240.209,

23  Florida Statutes, are amended, and paragraphs (u) through (y)

24  of subsection (3), and subsection (11) are added to said

25  section, to read:

26         240.209  Board of Regents; powers and duties.--

27         (1)  The Board of Regents is authorized to adopt

28  systemwide rules primarily responsible for adopting systemwide

29  rules pursuant to ss. 120.536(1) and 120.54 to implement

30  provisions of law conferring duties upon it; to plan planning

31  for the future needs of the State University System; to plan


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                                CS/CS/HB 1567, First Engrossed/ntc



  1  planning the programmatic, financial, and physical development

  2  of the system; to review and evaluate reviewing and evaluating

  3  the instructional, research, and service programs at the

  4  universities; to coordinate coordinating program development

  5  among the universities; and to monitor monitoring the fiscal

  6  performance of the universities.

  7         (3)  The board shall:

  8         (e)  Establish student fees.

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

10  shall raise the systemwide standard for resident undergraduate

11  matriculation and financial aid fees for the subsequent fall

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

13  cost of undergraduate programs. In implementing this

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

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

16  the same percentage as the increase in fees for resident

17  undergraduates. However, in the absence of legislative action

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

19  approve annual fee increases for resident students in excess

20  of 10 percent. The sum of nonresident student matriculation

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

22  undergraduate education. Graduate, medical, veterinary, and

23  dental fees charged to nonresidents may be increased by the

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

25  nonresident undergraduates. However, in implementing this

26  policy and in the absence of legislative action to the

27  contrary in an appropriations act, annual fee increases for

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

29  of legislative action to the contrary in the General

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

31  following fall term.


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                                CS/CS/HB 1567, First Engrossed/ntc



  1         2.  When the appropriations act requires a new fee

  2  schedule, the board shall establish a systemwide standard fee

  3  schedule required to produce the total fee revenue established

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

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

  6  expenditure of any fee revenues resulting from the product of

  7  the fee schedule adopted pursuant to this section and the

  8  assigned enrollment.

  9         3.  Upon provision of authority in a General

10  Appropriations Act to spend revenue raised pursuant to this

11  section, the board shall approve a university request to

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

13  schedule which is calculated to generate revenue which varies

14  no more than 10 percent from the standard fee revenues

15  authorized through an appropriations act. In implementing an

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

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

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

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

20  implementing a plan for achieving accountability goals adopted

21  pursuant to s. 240.214 and for implementing a Board of

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

23  time necessary for graduation without reducing the quality of

24  instruction. The plans shall be recommended by a

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

26  students appointed by the student body president. A

27  chairperson, appointed jointly by the university president and

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

29  tie.

30         4.  The board is authorized to collect for financial

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


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                                CS/CS/HB 1567, First Engrossed/ntc



  1  tuition and matriculation fee per credit hour. The revenues

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

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

  4  as quickly as possible. The board shall specify specific

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

  6  which may be carried forward unexpended to the following

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

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

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

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

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

12  original award.

13         5.  The board may recommend to the Legislature an

14  appropriate systemwide standard matriculation and tuition fee

15  schedule.

16         6.  The Education and General Student and Other Fees

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

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

19  fund from student fee collections and other miscellaneous fees

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

21  instruction and research missions of the State University

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

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

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

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

26  fund.

27         7.  The board may establish the following fees:

28         a.  A nonrefundable application fee, which shall not

29  exceed $30.

30         b.  An admissions deposit fee for the University of

31  Florida College of Dentistry, which shall not exceed $200.


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                                CS/CS/HB 1567, First Engrossed/ntc



  1         c.  An orientation fee, which shall not exceed $35.

  2         d.  A fee for security, access, or identification

  3  cards, the annual fee for which shall not exceed $10 per card.

  4  The amount charged for replacement cards shall not exceed $15.

  5         e.  Registration fees for audit and zero hours

  6  registration; a service charge for the payment of registration

  7  fees in installments, which shall not exceed $15; and a late

  8  registration fee for students who fail to initiate

  9  registration during the regular registration period, which

10  shall be from $50 to $100.

11         f.  A late payment fee for students who fail to pay, or

12  make appropriate arrangements, such as installment payment,

13  deferment, or third-party billing, for the payment of tuition

14  and course-related fees by the deadline set by each

15  university, which shall be from $50 to $100. Universities may

16  adopt specific procedures or policies for waiving the late

17  payment fee for minor underpayment, as specified by the

18  university.

19         g.  A fee for miscellaneous health-related charges for

20  services provided at cost by a university health center which

21  are not covered by the health fee established pursuant to s.

22  240.235(1).

23         h.  Material and supply fees to offset the cost of

24  materials or supply items that are consumed in the course of

25  the student's instructional activities, excluding the cost of

26  equipment replacement, repairs, and maintenance.

27         i.  Housing rental rates and miscellaneous housing

28  charges for services provided by the university at the request

29  of the student.

30         j.  A charge representing the reasonable cost of

31  collection efforts to effect payment for overdue accounts.


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                                CS/CS/HB 1567, First Engrossed/ntc



  1         k.  A service charge on university loans, in lieu of

  2  interest and administrative handling.

  3         l.  A fee for off-campus offerings when the location

  4  results in specific, identifiable increased costs to the

  5  university.

  6         m.  Library fees and fines, including charges for

  7  damaged and lost library material, overdue reserve library

  8  books, interlibrary loans, and literature searches.

  9         n.  Fees relating to duplicating, photocopying,

10  binding, and microfilming; copyright services; and

11  standardized testing. Such fees shall only be charged to those

12  receiving the service.

13         o.  Fees and fines relating to facilities and equipment

14  use, late return, loss, and damage.

15         p.  A returned check fee as authorized by s. 832.07(1),

16  for unpaid checks returned to the university.

17         q.  Traffic and parking fines, parking decal fees, and

18  transportation access fees.

19         r.  A fee for child care and services provided by an

20  educational research center for child development.

21         s.  Fees for transcripts and diploma replacement, which

22  shall not exceed $10 per item.

23         (f)  Establish and maintain systemwide personnel

24  programs for all State University System employees, including

25  a systemwide personnel classification and pay plan,

26  notwithstanding provisions of law that grant authority to the

27  Department of Management Services over such programs for state

28  employees.  The board shall consult with the legislative

29  appropriations committees regarding any major policy changes

30  related to classification and pay which are in conflict with

31  those policies in effect for career service employees with


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                                CS/CS/HB 1567, First Engrossed/ntc



  1  similar job classifications and responsibilities. The board

  2  may adopt rules related to the appointment, employment, and

  3  removal of personnel, which delegate delegating its authority

  4  to the Chancellor or the universities. The board shall submit,

  5  in a manner prescribed by law, any reports concerning State

  6  University System personnel programs as shall be required of

  7  the Department of Management Services for other state

  8  employees. The Department of Management Services shall retain

  9  authority over State University System employees for programs

10  established in ss. 110.116, 110.123, 110.1232, 110.1234,

11  110.1235, and 110.1238 and in chapters 121, 122, and 238.  The

12  board shall adopt only those rules necessary to provide for a

13  coordinated, efficient systemwide program and shall delegate

14  to the universities all authority necessary for implementing

15  implementation of the program consistent with these

16  coordinating rules so adopted and applicable collective

17  bargaining agreements. Notwithstanding the provisions of s.

18  216.181(7), the salary rate controls for positions in budgets

19  under the Board of Regents shall separately delineate the

20  general faculty and all other categories.

21         (p)  Notwithstanding the provisions of ss. 216.044,

22  255.248, 255.249, 255.25, 255.28, 255.29, and 287.055, adopt

23  rules to Administer a program for the maintenance and

24  construction of facilities in the State University System and

25  to secure, or otherwise provide as a self-insurer pursuant to

26  s. 440.38(6), workers' compensation coverage for contractors

27  and subcontractors, or each of them, employed by or on behalf

28  of the Board of Regents when performing work on or adjacent to

29  property owned or used by the Board of Regents or the State

30  University System.

31


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                                CS/CS/HB 1567, First Engrossed/ntc



  1         (q)  Adopt rules to Ensure compliance with the

  2  provisions of s. 287.09451 287.0945, for all State University

  3  System procurement, and additionally, ss. 255.101 and 255.102,

  4  for construction contracts, and rules adopted pursuant

  5  thereto, relating to the utilization of minority business

  6  enterprises, except that procurements costing less than the

  7  amount provided for in CATEGORY FIVE as provided in s. 287.017

  8  shall not be subject to s. 287.09451 287.0945(7)(a).

  9         (r)  Adopt rules pursuant to ss. 120.536(1) and 120.54

10  to implement provisions of law conferring duties upon it,

11  including, but not limited to, procedures to Administer an

12  acquisition program for the purchase or lease of real and

13  personal property and contractual services pursuant to s.

14  240.205(6).

15         (t)  Require Adopt rules providing that each state

16  university shall advise students who meet the minimum

17  requirements for admission to the upper division of a state

18  university, but are denied admission to limited access

19  programs, of the availability of similar programs at other

20  State University System institutions and the admissions

21  requirements of such programs.

22         (u)  Allow the waiver of any or all application, course

23  registration, and related fees for persons who supervise

24  student interns of institutions within the State University

25  System.

26         (v)  Manage systemwide enrollment.

27         (w)  Govern the admission of students into the State

28  University System.

29         (x)  Establish policies relating to credit and

30  noncredit education offerings by universities in the State

31  University System.


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  1         (y)  Establish and regulate faculty practice plans for

  2  the academic health science centers.

  3         (11)  The board is authorized to adopt rules to

  4  implement the provisions of this section.

  5         Section 2.  Subsections (1), (5), (11), (13), and (19)

  6  of section 240.227, Florida Statutes, are amended, subsection

  7  (24) of said section is renumbered and amended, subsections

  8  (20) through (23) of said section are renumbered as

  9  subsections (19) through (22), respectively, and new

10  subsections (24) through (27) are added to said section, to

11  read:

12         240.227  University presidents; powers and duties.--The

13  president is the chief administrative officer of the

14  university and is responsible for the operation and

15  administration of the university.  Each university president

16  shall:

17         (1)  Have the authority to adopt rules pursuant to ss.

18  120.536(1) and 120.54 to implement provisions of law governing

19  the operation and administration of the university, which

20  shall include the specific powers and duties enumerated in

21  this section.  Such rules shall be consistent with the mission

22  of the university and statewide rules and policies and shall

23  assist in the development of the university in a manner which

24  will complement the missions and activities of the other

25  universities for the overall purpose of achieving the highest

26  quality of education for the citizens of the state.

27         (5)  Appoint university personnel and provide for the

28  compensation and other conditions of employment, such as

29  recruitment, nonreappointment, benefits and hours of work,

30  evaluation, recognition, inventions and works, learning

31  opportunities, academic freedom and responsibility, promotion,


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                                CS/CS/HB 1567, First Engrossed/ntc



  1  assignment, demotion, transfer, tenure and permanent status,

  2  ethical obligations and conflicts of interest, restrictive

  3  covenants, disciplinary actions, complaints, appeals and

  4  grievance procedures, and separation and termination from

  5  employment, consistent with applicable law, collective

  6  bargaining agreements, and rules of the Board of Regents rule

  7  for university personnel who are exempt from chapter 110.

  8         (11)  Establish and maintain Make rules necessary for

  9  the establishment and maintenance of a personnel exchange

10  program, by which persons employed within the university as

11  instructional and research faculty and comparable

12  administrative and professional staff may be exchanged with

13  persons employed in like capacities by institutions of higher

14  learning which are not under the jurisdiction of the

15  university, by units of government either within or without

16  this state, or by private industry.  The salary and benefits

17  of State University System and state personnel participating

18  in the exchange program shall be continued during the period

19  of time they participate in the exchange program, and such

20  personnel shall be deemed to have no break in creditable or

21  continuous state service or employment during the period of

22  time in which they participate in the exchange program.  The

23  salary and benefits of persons participating in the personnel

24  exchange program who are employed by institutions of higher

25  learning which are not under the jurisdiction of the

26  university, by units of government either within or without

27  this state, or by private industry shall be paid by the

28  originating employers of those participants.  The duties and

29  responsibilities of a person participating in the exchange

30  program shall be the same as those of the person he or she

31  replaces.


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  1         (13)  Use, maintain, protect, and control

  2  university-owned or controlled buildings and grounds; property

  3  and equipment; name, trademarks, and other proprietary marks;

  4  and the financial and other resources of the university.  Such

  5  authority may include restrictions on commercial activity,

  6  access to facilities, firearms, food, tobacco, alcoholic

  7  beverages, distribution of printed materials, animals, and

  8  sound.  The authority vested in the university president in

  9  this paragraph includes the prioritization of the use of

10  university space, property, equipment, and resources and the

11  imposition of charges for the same.  Further, each university

12  president shall have Manage the property and financial

13  resources of the university, including, but not limited to,

14  having the authority to adjust property records and dispose of

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

16  custody in accordance with procedures established by the Board

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

18  all moneys received from the disposition of state-owned

19  tangible personal property shall be retained by the university

20  and disbursed for the acquisition of tangible personal

21  property and for all necessary operating expenditures.  The

22  university shall maintain records of the accounts into which

23  such moneys are deposited.

24         (19)  Administer personnel programs established by the

25  Board of Regents and any applicable collective bargaining

26  agreements under the supervision of the Board of Regents.

27         (23)(24)  Adopt rules and Enter into agreements for

28  student exchange programs which involve students at the

29  university and students in institutions of higher learning,

30  either within or without the state, which are not in the State

31  University System. Such agreements may provide that the


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                                CS/CS/HB 1567, First Engrossed/ntc



  1  tuition and fees of a student who is enrolled in a university

  2  in the State University System and who is participating in an

  3  exchange program shall be paid to the state university during

  4  the period of time he or she is participating in the exchange

  5  program.  Such agreements may also provide that the tuition

  6  and fees of a student who is enrolled in an institution which

  7  is not in the State University System and who is participating

  8  in an exchange program shall be paid to the nonstate

  9  institution in which he or she is enrolled.

10         (24)  Approve the internal procedures and provide

11  purchasing, contracting, and budgetary review processes of

12  student government.

13         (25)  Provide for the use and protection of data and

14  technology, including information systems, communication

15  systems, computer hardware and software, and networks.

16         (26)  Ensure compliance with federal laws, regulations,

17  and other requirements applicable to the university.

18         (27)  Adopt rules to implement the provisions of this

19  section.

20         Section 3.  Subsection (6) of section 240.229, Florida

21  Statutes, is amended to read:

22         240.229  Universities; powers; patents, copyrights, and

23  trademarks.--Any other law to the contrary notwithstanding,

24  each university is authorized, in its own name, to:

25         (6)  Do all other acts necessary and proper for the

26  execution of powers and duties herein conferred upon the

27  university, including adopting rules in order to administer

28  this section.  Any proceeds therefrom shall be deposited and

29  expended in accordance with s. 240.241.  Any action taken by

30  the university in securing or exploiting such trademarks,

31


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  1  copyrights, or patents shall, within 30 days, be reported in

  2  writing by the president to the Department of State.

  3         Section 4.  Section 240.233, Florida Statutes, is

  4  amended to read:

  5         240.233  Universities; admissions of students.--Each

  6  university president is authorized to adopt rules governing

  7  the admission shall govern admissions of students, subject to

  8  this section and rules of the Board of Regents.

  9         (1)  Minimum academic standards for undergraduate

10  admission to a university must include the requirements that:

11         (a)  Each student have received a high school diploma

12  pursuant to s. 232.246, or its equivalent, except as provided

13  in s. 240.116(2) and (3).

14         (b)  Each student have successfully completed a

15  college-preparatory curriculum, as defined in rules of the

16  Board of Regents, including at least earned two credits of

17  sequential foreign language at the secondary level or the

18  equivalent of such instruction at the postsecondary level. A

19  student whose native language is not English is exempt from

20  this admissions requirement, provided that the student

21  demonstrates proficiency in the native language.  If a

22  standardized test is not available in the student's native

23  language for the demonstration of proficiency, the university

24  may provide an alternative method of assessment.  The State

25  Board of Education shall adopt rules for the articulation of

26  foreign language competency and equivalency between secondary

27  and postsecondary institutions. A student who received an

28  associate in arts degree prior to September 1, 1989, or who

29  enrolled in a program of studies leading to an associate

30  degree from a Florida community college prior to August 1,

31


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  1  1989, and maintains continuous enrollment shall be exempt from

  2  this admissions requirement.

  3

  4  The minimum admission standards adopted by the Board of

  5  Regents or a state university under this paragraph must permit

  6  a student to earn at least four of the 19 credits constituting

  7  the college-preparatory curriculum required for admission as

  8  electives in any one of the following manners:

  9         1.  Successful completion of any course identified in

10  the Department of Education course code directory as level two

11  or higher in one or more of the following subject areas:

12  English, Mathematics, Natural Science, Social Science, and

13  Foreign Language;

14         2.  Successful completion of any course identified in

15  the Department of Education course code directory as level

16  three in the same or related disciplines;

17         3.  Any combination of the courses identified in

18  subparagraphs 1. and 2.; or

19         4.  Successful completion of two credits from the

20  courses identified in subparagraph 1. plus no more than two

21  total credits from any of the following categories of courses:

22         a.  Courses identified in the Department of Education

23  course code directory as ROTC and Military Training.

24         b.  Courses identified in the Department of Education

25  course code directory as level two in Art-Visual Arts, Dance,

26  Drama-Theater Arts, Language Arts, or Music.

27         c.  Any additional courses determined to be equivalent

28  by the Articulation Coordinating Committee.

29         (c)  Each student have submitted a test score from the

30  Scholastic Assessment Test of the College Entrance Examination

31  Board or the American College Testing Program.


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  1         (2)  The Board of Regents shall adopt rules which

  2  provide for a limited number of students to be admitted to the

  3  State University System, notwithstanding the admission

  4  requirements of paragraph (1)(b) relating to credits in

  5  foreign language, if there is evidence that the applicant is

  6  expected to do successful academic work at the admitting

  7  university.  The number of applicants admitted under this

  8  subsection may not exceed 5 percent of the total number of

  9  freshmen who entered the State University System the prior

10  year. Any lower-division student admitted without meeting the

11  foreign language requirement must earn such credits prior to

12  admission to the upper division of a state university.  Any

13  associate in arts degree graduate from a public community

14  college or university in Florida, or other upper-division

15  transfer student, admitted without meeting the foreign

16  language requirement, must earn such credits prior to

17  graduation from a state university.  Students shall be exempt

18  from the provisions of this subsection if they can demonstrate

19  proficiency in American sign language equivalent to that of

20  students who have completed two credits of such instruction in

21  high school.

22         (3)(a)  Nonresident students may be admitted to the

23  university upon such terms as the university may establish.

24  However, such terms shall include, but shall not be limited

25  to:  completion of a secondary school curriculum which

26  includes 4 years of English; 3 years each of mathematics,

27  science, and social sciences; and 2 years of a foreign

28  language.

29         (b)  Within the admission standards provided for in

30  subsection (1), the Board of Regents shall develop procedures

31  for weighting courses which are necessary to meet the


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  1  requirements of a college-preparatory curriculum at a higher

  2  value than less rigorous courses.  Credits received in such

  3  courses shall be given greater value in determining admission

  4  by universities than cumulative grade point averages in high

  5  school.

  6         (4)  Consideration shall be given to the past actions

  7  of any person applying for admission as a student to any state

  8  university, either as a new applicant, an applicant for

  9  continuation of studies, or a transfer student, when such

10  actions have been found to disrupt or interfere with the

11  orderly conduct, processes, functions, or programs of any

12  other university, college, or community college.

13         (5)  In any application for admission by a student as a

14  citizen of the state, the applicant, if 18 years of age, or,

15  if a minor, his or her parents or guardian shall make and file

16  with such application a written statement under oath that such

17  applicant is a citizen and resident of the state and entitled,

18  as such, to admission upon the terms and conditions prescribed

19  for citizens and residents of the state.

20         (6)  Rules of the State Board of Education shall

21  require the use of scores on tests of college-level

22  communication and computation skills provided in s. 229.551 as

23  a condition for admission of students to upper-division

24  instructional programs from community colleges, including

25  those who have been awarded associate in arts degrees.  Use of

26  such test scores as an admission requirement shall extend

27  equally and uniformly to students enrolled in lower divisions

28  in the State University System and to transfer students from

29  other colleges and universities.  The tests shall be required

30  for community college students seeking associate in arts

31  degrees and students seeking admission to upper-division


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  1  instructional programs in the State University System.  The

  2  use of test scores prior to August 1, 1984, shall be limited

  3  to student counseling and curriculum improvement.

  4         (7)  For the purposes of this section, American sign

  5  language constitutes a foreign language.  Florida high schools

  6  may offer American sign language as a for-credit elective or

  7  as a substitute for any already authorized foreign language

  8  requirement.

  9         (8)  A Florida resident who is denied admission as an

10  undergraduate to a state university for failure to meet the

11  high school grade point average requirement may appeal the

12  decision to the university and request a recalculation of the

13  grade point average including in the revised calculation the

14  grades earned in up to three credits of advanced fine arts

15  courses. The university shall provide the student with a

16  description of the appeals process at the same time as

17  notification of the admissions decision. The university shall

18  recalculate the student's grade point average using the

19  additional courses and advise the student of any changes in

20  the student's admission status. For purposes of this section,

21  fine arts courses include courses in music, drama, painting,

22  sculpture, speech, debate, or a course in any art form that

23  requires manual dexterity. Advanced level fine arts courses

24  include fine arts courses identified in the course code

25  directory as Advanced Placement, pre-International

26  Baccalaureate, or International Baccalaureate, or fine arts

27  courses taken in the third or fourth year of a fine arts

28  curriculum.

29         Section 5.  Subsection (17) is added to section

30  240.241, Florida Statutes, to read:

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  1         240.241  Divisions of sponsored research at state

  2  universities.--

  3         (17)  Each university president is authorized to adopt

  4  rules to implement the provisions of this section.

  5         Section 6.  Section 240.261, Florida Statutes, is

  6  amended to read:

  7         240.261  Codes of conduct; disciplinary measures;

  8  rulemaking authority Disciplinary rules.--

  9         (1)  Each university may adopt, by rule, codes a

10  uniform code of conduct and appropriate penalties for

11  violations of rules by students and employees, to be

12  administered by the president of each university. Such

13  penalties, unless otherwise provided by law, may include: the

14  issuance of a reprimand; the payment of restitution; the

15  imposition of fines;, the withholding of diplomas or

16  transcripts pending compliance with rules, completion of any

17  pending student judicial process or sanction, or payment of

18  fines; restrictions on the use of, or removal from, university

19  facilities; the completion of community service or educational

20  requirements; or, and the imposition of probation, suspension,

21  or dismissal, or expulsion.

22         (2)  Each university may adopt, by rule, a code of

23  conduct and appropriate penalties for violations of rules by

24  student organizations, to be administered by the university.

25  Such penalties, unless otherwise provided by law, may include:

26  reprimand; restitution; suspension, cancellation, or

27  revocation of the registration or official recognition of a

28  student organization; and restrictions on the use of, or

29  removal from, university facilities.

30         (3)  Sanction authorized by university codes of conduct

31  may only be imposed for acts or omissions in violation of


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  1  rules adopted by the university, including rules adopted

  2  pursuant to this section; rules of the Board of Regents;

  3  county and municipal ordinances; or federal or state law,

  4  including the laws of other states.

  5         (4)  Each university may establish and adopt, by rule,

  6  codes of appropriate penalties for violations of rules

  7  governing student academic honesty.  Such penalties, unless

  8  otherwise provided by law, may include:  reprimand, reduction

  9  of grade, denial of academic credit, invalidation of

10  university credit or the degree that is based upon such

11  credit, probation, suspension, dismissal, or expulsion. In

12  addition to any other penalties imposed, an individual may be

13  denied admission or further registration, and the university

14  may invalidate academic credit for work done by a student, and

15  may invalidate or revoke the degree based upon such credit, if

16  it is determined that the student has made false, fraudulent,

17  or incomplete statements in the application, residence

18  affidavit, or accompanying documents or statements in

19  connection with, or supplemental to, the application for

20  admission to, or graduation from, the university.

21         (5)(2)  The university shall adopt rules for the lawful

22  discipline of any student, faculty member, or member of the

23  administrative staff who intentionally acts to impair,

24  interfere with, or obstruct the orderly conduct, processes,

25  and functions of a state university.  Said rules may apply to

26  acts conducted on or off campus when relevant to such orderly

27  conduct, processes, and functions.

28         Section 7.  Subsection (4) is added to section 240.291,

29  Florida Statutes, to read:

30         240.291  Delinquent accounts.--

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  1         (4)  Each university is authorized to adopt rules to

  2  implement the provisions of this section, including setoff

  3  procedures; payroll deductions; and restrictions on the

  4  release of transcripts, award of diplomas, and access to

  5  university resources and services.

  6         Section 8.  This act shall take effect upon becoming a

  7  law.

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