CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS/HB 1631

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Diaz-Balart moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 31, between lines 17 and 18,

15

16  insert:

17         Section 25.  Subsection (9) of section 239.115, Florida

18  Statutes, is amended to read:

19         239.115  Funds for operation of adult general education

20  and vocational education programs.--

21         (9)  The Department of Education, the State Board of

22  Community Colleges, and the Jobs and Education Partnership

23  shall provide the Legislature with recommended formulas,

24  criteria, timeframes, and mechanisms for distributing

25  performance funds. The commissioner shall consolidate the

26  recommendations and develop a consensus proposal for funding.

27  The Legislature shall adopt a formula and distribute the

28  performance funds to the Division of Community Colleges and

29  the Division of Workforce Development through the General

30  Appropriations Act. The Legislature recognizes that community

31  colleges and school districts must provide programs that are

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1631

    Amendment No.    





 1  current and meet the demands of business and industry.

 2  Therefore, the Legislature intends that the funding formula

 3  set forth in this section not penalize institutions which

 4  convert out-of-date or low demand programs into high

 5  skill/high wage programs as identified by the State Workforce

 6  Development Board.  The Legislature also intends that

 7  performance exemptions be granted to institutions that start

 8  new or significantly expand existing workforce development

 9  education programs for a period not to exceed 2 years from the

10  implementation of the new or significantly expanded program.

11  These recommendations shall be based on formulas that would

12  discourage low-performing or low-demand programs and encourage

13  through performance-funding awards:

14         (a)  Programs that prepare people to enter high-wage

15  occupations identified by the Occupational Forecasting

16  Conference created by s. 216.136 and other programs as

17  approved by the Jobs and Education Partnership. At a minimum,

18  performance incentives shall be calculated for adults who

19  reach completion points or complete programs that lead to

20  specified high-wage employment and to their placement in that

21  employment.

22         (b)  Programs that successfully prepare adults who are

23  eligible for public assistance, economically disadvantaged,

24  disabled, not proficient in English, or dislocated workers for

25  high-wage occupations.  At a minimum, performance incentives

26  shall be calculated at an enhanced value for the completion of

27  adults identified in this paragraph and job placement of such

28  adults upon completion. In addition, adjustments may be made

29  in payments for job placements for areas of high unemployment.

30         (c)  Programs identified by the Jobs and Education

31  Partnership as increasing the effectiveness and cost

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1631

    Amendment No.    





 1  efficiency of education.

 2         Section 26.  Subsections (5), (8), and (18) and

 3  paragraph (a) of subsection (6) of section 239.117, Florida

 4  Statutes, are amended, to read:

 5         239.117  Workforce development postsecondary student

 6  fees.--

 7         (5)  School districts and community colleges may waive

 8  fees for any fee-nonexempt student. The total value of fee

 9  waivers granted by the school district or community college

10  may not exceed 8 percent of the district's or community

11  college's postsecondary vocational certificate program

12  enrollment hours unless otherwise indicated by an the amount

13  established annually in the General Appropriations Act. Any

14  student whose fees are waived in excess of the authorized

15  amount may not be reported for state funding purposes. Any

16  school district or community college that waives fees and

17  requests state funding for a student in violation of the

18  provisions of this section shall be penalized at a rate equal

19  to 2 times the value of the full-time student enrollment

20  reported.

21         (6)(a)  The Commissioner of Education shall provide to

22  the State Board of Education no later than January December 31

23  of each year a schedule of fees for workforce development

24  education, excluding continuing workforce education, for

25  school districts and community colleges. The fee schedule

26  shall be based on the amount of student fees necessary to

27  produce 25 percent of the prior year's average cost of a

28  course of study leading to a certificate or diploma. At the

29  discretion of a school board or a community college, this fee

30  schedule may be implemented over a 3-year period, with full

31  implementation in the 1999-2000 school year. In years

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1631

    Amendment No.    





 1  preceding that year, if fee increases are necessary for some

 2  programs or courses, the fees shall be raised in increments

 3  designed to lessen their impact upon students already

 4  enrolled. Fees for students who are not residents for tuition

 5  purposes must offset the full cost of instruction.

 6  Fee-nonexempt students enrolled in vocational-preparatory

 7  instruction shall be charged fees equal to the fees charged

 8  for certificate career education instruction. Each community

 9  college that conducts college-preparatory and

10  vocational-preparatory instruction in the same class section

11  may charge a single fee for both types of instruction.

12         (8)  Each school board and community college board of

13  trustees may establish a separate additional fee for financial

14  aid purposes and a separate additional fee for technology,

15  which in sum do not exceed 10 percent of the base

16  matriculation fee assessed for workforce development programs

17  funded through the Workforce Development Education Fund.  Each

18  school board and community college board of trustees may also

19  establish additional financial aid and technology fees for

20  non-resident students, which in sum do not exceed 10 percent

21  of the base tuition fee assessed for workforce development

22  programs funded through the Workforce Development Education

23  Fund.  When established, fees shall be assessed pursuant to

24  the following criteria:

25         (a)  Each school board and community college board of

26  trustees may establish a separate fee for financial aid

27  purposes in an additional amount of up to 10 percent of the

28  student fees collected for workforce development programs

29  funded through the Workforce Development Education Fund.  All

30  financial aid fees collected shall be deposited into a

31  separate workforce development student financial aid fee trust

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1631

    Amendment No.    





 1  fund of the district or community college to support students

 2  enrolled in workforce development programs. Any undisbursed

 3  balance remaining in the trust fund and interest income

 4  accruing to investments from the trust fund shall increase the

 5  total funds available for distribution to workforce

 6  development education students. Awards shall be based on

 7  student financial need and distributed in accordance with a

 8  nationally recognized system of need analysis, as established

 9  by each school board or community college district board of

10  trustees approved by the State Board for Career Education.

11  Fees collected pursuant to this paragraph subsection shall be

12  allocated in an expeditious manner.

13         (b)(18)  Technology fee revenues must be expended in

14  accordance with technology improvement plans related to

15  vocational certificate programs and shall not supplant funding

16  expended in the prior year's budget for these purposes. Each

17  district school board and community college district board of

18  trustees is authorized to establish a separate fee for

19  technology, not to exceed $1.80 per credit hour or credit-hour

20  equivalent for resident students and not more than $5.40 per

21  credit hour or credit-hour equivalent for nonresident

22  students, or the equivalent, to be expended in accordance with

23  technology improvement plans. The technology fee may apply

24  only to associate degree programs and courses. Fifty percent

25  of technology fee revenues may be pledged by a community

26  college board of trustees as a dedicated revenue source for

27  the repayment of debt, including lease-purchase agreements,

28  not to exceed the useful life of the asset being financed.

29  Revenues generated from the technology fee may not be bonded.

30         Section 27.  Subsections (2) and (3) of section

31  239.213, Florida Statutes, are amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1631

    Amendment No.    





 1         239.213  Vocational-preparatory instruction.--

 2         (2)  Students who enroll in a certificate career

 3  education program of 450 hours or more shall complete an

 4  entry-level examination within the first 6 weeks of admission

 5  into the program.  The state board shall designate

 6  examinations that are currently in existence, the results of

 7  which are comparable across institutions, to assess student

 8  mastery of basic skills. Any student deemed to lack a minimal

 9  level of basic skills for such program shall be referred to

10  vocational-preparatory instruction or adult basic education

11  for a structured program of basic skills instruction. Such

12  instruction may include English for speakers of other

13  languages.  A student may not receive a certificate of

14  vocational program completion prior to demonstrating the basic

15  skills required in the state curriculum frameworks for the

16  vocational program.

17         (3)  Any student with disabilities who meets the

18  criteria established in s. 240.152 or s. 240.153 Exceptional

19  students, as defined in s. 228.041, may be exempted from the

20  provisions of this section.  A student who possesses an

21  associate in arts, baccalaureate, or graduate-level degree,

22  who has completed the college-level communication and

23  computation skills examination pursuant to s. 240.107, or who

24  is exempt from the college entry-level examination pursuant to

25  s. 240.107 may be exempted from the provisions of this

26  section. Pursuant to 29 C.F.R. part 30, students in registered

27  apprenticeship programs may also be exempted from the

28  provisions of this section.

29         Section 28.  Section 239.514, Florida Statutes, is

30  amended to read:

31         239.514  Workforce Development Capitalization Incentive

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1631

    Amendment No.    





 1  Grant Program.--The Legislature recognizes that the need for

 2  school districts and community colleges to be able to respond

 3  to emerging local or statewide economic development needs is

 4  critical to the workforce development system. The Workforce

 5  Development Capitalization Incentive Grant Program is created

 6  to provide grants to school districts and community colleges

 7  on a competitive basis to fund some or all of the costs

 8  associated with the creation or expansion of workforce

 9  development programs that serve specific employment workforce

10  needs. Funds may also be used to upgrade workforce development

11  programs to established industry standards in accordance with

12  program updates conducted by the Division of Community

13  Colleges and the Division of Workforce Development.

14         (1)  Funds awarded for a workforce development

15  capitalization incentive grant may be used for instructional

16  equipment, laboratory equipment, supplies, personnel, student

17  services, or other expenses associated with the creation,

18  upgrade, or expansion of a workforce development program.

19  Expansion of a program may include either the expansion of

20  enrollments in a program or expansion into new areas of

21  specialization within a program. No grant funds may be used

22  for recurring instructional costs or for institutions'

23  indirect costs.

24         (2)  The Postsecondary Education Planning Commission

25  shall accept applications from school districts or community

26  colleges for workforce development capitalization incentive

27  grants. Applications from school districts or community

28  colleges shall contain projected enrollments and projected

29  costs for the new or expanded workforce development program.

30  The Postsecondary Education Planning Commission, in

31  consultation with the Jobs and Education Partnership, the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1631

    Amendment No.    





 1  Department of Education, and the State Board of Community

 2  Colleges, shall review and rank each application for a grant

 3  according to subsection (3) and shall submit to the

 4  Legislature a list in priority order of applications

 5  recommended for a grant award.

 6         (3)  The commission shall give highest priority to

 7  programs that train people to enter high-skill, high-wage

 8  occupations identified by the occupational forecasting

 9  conference and other programs approved by the Jobs and

10  Education Partnership; programs that train people to enter

11  occupations on the WAGES list; or programs that train for the

12  workforce adults who are eligible for public assistance,

13  economically disadvantaged, disabled, not proficient in

14  English, or dislocated workers. The commission shall consider

15  the statewide geographic dispersion of grant funds in ranking

16  the applications and shall give priority to applications from

17  education agencies that are making maximum use of their

18  workforce development funding by offering high-performing,

19  high-demand programs.

20         Section 29.  Subsection (11) is added to section

21  240.1201, Florida Statutes, to read:

22         240.1201  Determination of resident status for tuition

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

24  nonresidents for the purpose of assessing tuition fees in

25  public community colleges and universities.

26         (11)  The State Board of Education is authorized to

27  adopt rules regarding the classification of students as

28  residents or nonresidents for tuition purposes to implement

29  the provisions of this section.

30         Section 30.  Section 240.152, Florida Statutes, is

31  amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1631

    Amendment No.    





 1         240.152  Individuals who have disabilities Impaired and

 2  learning disabled persons; admission to postsecondary

 3  institutions; substitute requirements; rules.--Any person who

 4  is hearing impaired, visually impaired, speech impaired, or

 5  otherwise physically impaired, or dyslexic, or who has a

 6  specific learning disability, or who has a physical or mental

 7  impairment as defined in State Board of Education rule, shall

 8  be eligible for reasonable substitution for any requirement

 9  for admission to a state university, community college, or

10  other postsecondary degree career education institution where

11  documentation can be provided that the person's failure to

12  meet the admission requirement is related to the disability.

13  The State Board of Education, the Board of Regents, and the

14  State Board of Community Colleges shall adopt rules to

15  implement this section and shall develop substitute admission

16  requirements where appropriate.

17         Section 31.  Section 240.153, Florida Statutes, is

18  amended to read:

19         240.153  Individuals who have disabilities Impaired and

20  learning disabled persons; graduation, study program

21  admission, and upper-division entry; substitute requirements;

22  rules.--Any student in a state university, community college,

23  or other postsecondary degree career education institution who

24  is hearing impaired, visually impaired, speech impaired, or

25  otherwise physically impaired, or dyslexic, or who has a

26  specific learning disability, or who has a physical or mental

27  impairment as defined in State Board of Education rule, shall

28  be eligible for reasonable substitution for any requirement

29  for graduation, for admission into a program of study, or for

30  entry into upper division where documentation can be provided

31  that the person's failure to meet the requirement is related

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1631

    Amendment No.    





 1  to the disability and where the failure to meet the graduation

 2  requirement or program admission requirement does not

 3  constitute a fundamental alteration in the nature of the

 4  program. The State Board of Education, the Board of Regents,

 5  and the State Board of Community Colleges shall adopt rules to

 6  implement this section and shall develop substitute

 7  requirements where appropriate.

 8         Section 32.  Paragraphs (g) and (j) of subsection (3),

 9  paragraph (c) of subsection (5), and paragraph (d) of

10  subsection (8) of section 240.311, Florida Statutes, are

11  amended to read:

12         240.311  State Board of Community Colleges; powers and

13  duties.--

14         (3)  The State Board of Community Colleges shall:

15         (g)  Specify, by rule, Recommend to the State Board of

16  Education minimum standards for the operation of each

17  community college as required in s. 240.325, which standards

18  may include, but are not limited to, general qualifications of

19  personnel, budgeting, accounting and financial procedures,

20  educational programs, student admissions and services, and

21  community services.

22         (j)  Establish, by rule, criteria for making

23  recommendations relative to modifying district boundary lines

24  and for making recommendations upon all proposals for the

25  establishment of additional centers, instructional sites,

26  special purpose centers, or campuses for community colleges.

27         (5)  The State Board of Community Colleges is

28  responsible for reviewing and administering the state program

29  of support for the Florida Community College System and,

30  subject to existing law, shall:

31         (c)  Provide for and coordinate implementation of the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1631

    Amendment No.    





 1  community college program fund in accordance with provisions

 2  of ss. 240.359 and 240.323 and in accordance with rules of the

 3  State Board of Community Colleges Education.

 4         (8)

 5         (d)  By December 31, 1999, and annually thereafter, the

 6  State Board of Community Colleges shall report on the

 7  implementation of this section to the Speaker of the House of

 8  Representatives and the President of the Senate.

 9         Section 33.  Section 240.321, Florida Statutes, is

10  amended to read:

11         240.321  Community college district board of trustees;

12  rules for admissions of students.--The board of trustees shall

13  make rules governing admissions of students.  These rules

14  shall include the following:

15         (1)  Admissions counseling shall be provided to all

16  students entering college credit programs, which counseling

17  shall utilize tests to measure achievement of college-level

18  communication and computation competencies by all students

19  entering college credit programs.

20         (2)  Admission to associate degree programs is subject

21  to minimum standards adopted by the State Board of Education

22  and shall require:

23         (a)  A standard high school diploma, a high school

24  equivalency diploma as prescribed in s. 229.814, previously

25  demonstrated competency in college credit postsecondary

26  coursework, or, in the case of a student who is home educated,

27  a signed affidavit submitted by the student's parent or legal

28  guardian attesting that the student has completed a home

29  education program pursuant to the requirements of s. 232.0201.

30  Students who are enrolled in a dual enrollment or early

31  admission program pursuant to s. 240.116 and secondary

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1631

    Amendment No.    





 1  students enrolled in college-level instruction creditable

 2  toward the associate degree, but not toward the high school

 3  diploma, shall be exempt from this requirement.

 4         (b)  A demonstrated level of achievement of

 5  college-level communication and computation skills. Students

 6  entering a postsecondary education program within 2 years of

 7  graduation from high school with an earned college-ready

 8  diploma issued pursuant to s. 232.2466 shall be exempt from

 9  this testing requirement.

10         (c)  Any other requirements established by the board of

11  trustees.

12         (3)  Admission to other programs within the community

13  college shall include education requirements as established by

14  the board of trustees.

15

16  Each board of trustees shall establish policies that notify

17  students about, and place students into, adult basic

18  education, adult secondary education, or other instructional

19  programs that provide students with alternatives to

20  traditional college-preparatory instruction, including private

21  provider instruction. Such notification shall include a

22  written listing or a prominent display of information on

23  alternative remedial options that must be available to each

24  student who scores below college level in any area on the

25  common placement test. The list or display shall include, but

26  is not limited to, options provided by the community college,

27  adult education programs, and programs provided by private

28  sector providers. The college shall not endorse, recommend,

29  evaluate, or rank any of the providers. The list of providers

30  or the display materials shall include all those providers

31  that request to be included. The written list must provide

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1631

    Amendment No.    





 1  students with specific contact information and disclose the

 2  full costs of the course tuition, laboratory fees, and

 3  instructional materials of each option listed. A student who

 4  elects a private provider for remedial instruction is entitled

 5  to enroll in up to 12 credits of college-level courses in

 6  skill areas other than those for which the student is being

 7  remediated. A student is prohibited from enrolling in

 8  additional college-level courses until the student scores

 9  above the cut-score on all sections of the common placement

10  test.

11         Section 34.  Section 240.325, Florida Statutes, is

12  amended to read:

13         240.325  Minimum standards, definitions, and guidelines

14  for community colleges.--Subject to the provisions of s.

15  240.311(2), the State Board of Community Colleges Education

16  shall prescribe, by rule, minimum standards, definitions, and

17  guidelines for community colleges and the Division of

18  Community Colleges which will assure the quality of education,

19  systemwide coordination, and efficient progress toward

20  attainment of the community college mission. The State Board

21  of Community Colleges shall adopt rules addressing At a

22  minimum, these rules must address:

23         (1)  Personnel.

24         (2)  Contracting.

25         (3)  Program offerings and classification including

26  college-level communication and computation skills associated

27  with successful performance in college, with tests and other

28  assessment procedures which measure student achievement of

29  those skills. The performance measures shall provide that

30  students moving from one level of education to the next

31  acquire the necessary competencies for that level.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1631

    Amendment No.    





 1         (4)  Provisions for curriculum development, graduation

 2  requirements, accreditation, college calendars, and program

 3  service areas.  These provisions shall include rules that:

 4         (a)  Provide for the award of an associate in arts

 5  degree to a student who successfully completes 60 semester

 6  credit hours at the community college.

 7         (b)  Require all of the credits accepted for the

 8  associate in arts degree to be in the common course numbering

 9  and designation system as credits toward a baccalaureate

10  degree offered by a university in the State University System.

11         (c)  Require no more than 36 semester credit hours in

12  general education courses in the subject areas of

13  communication, mathematics, social sciences, humanities, and

14  natural sciences.

15         (d)  Provide for procedures for student withdrawal and

16  grade forgiveness.

17

18  The rules should encourage community colleges to enter into

19  agreements with universities which allow community college

20  students to complete upper-division-level courses at a

21  community college.  An agreement may provide for concurrent

22  enrollment at the community college and the university,

23  authority for the community college to offer an

24  upper-division-level course, or distance learning.

25         (5)  Student admissions, conduct and discipline,

26  nonclassroom activities, and fees.

27         (6)  Budgeting.

28         (7)  Business and financial matters.

29         (8)  Student services.

30         (9)  Reports, surveys, and information systems,

31  including forms and dates of submission.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1631

    Amendment No.    





 1         Section 35.  Subsection (3) of section 240.3341,

 2  Florida Statutes, is amended to read:

 3         240.3341  Incubator facilities for small business

 4  concerns.--

 5         (3)(a)  The incubator facility and any improvements to

 6  the facility shall be owned or leased by the community

 7  college.  The community college may charge residents of the

 8  facility all or part of the cost for facilities, utilities,

 9  and support personnel and equipment.  No small business

10  concern shall reside in the incubator facility for more than 5

11  calendar years.  The state shall not be liable for any act or

12  failure to act of any small business concern residing in an

13  incubator facility pursuant to this section or of any such

14  concern benefiting from the incubator facilities program.

15         (b)  Notwithstanding any provision of paragraph (a) to

16  the contrary, and for the 1999-2000 fiscal year only, the

17  incubator facility may be leased by the community college.

18  This paragraph is repealed on July 1, 2000.

19         Section 36.  Subsections (7) and (10) of section

20  240.35, Florida Statutes, are amended to read:

21         240.35  Student fees.--Unless otherwise provided, the

22  provisions of this section apply only to fees charged for

23  college credit instruction leading to an associate in arts

24  degree, an associate in applied science degree, or an

25  associate in science degree and noncollege credit

26  college-preparatory courses defined in s. 239.105.

27         (7)  Each community college board of trustees shall

28  establish matriculation and tuition fees, which may vary no

29  more than 10 percent below and 15 percent above the fee

30  schedule adopted by the State Board of Community Colleges.,

31  provided that Any amount from 10 to 15 percent above the fee

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1631

    Amendment No.    





 1  schedule must be expended solely is used only to support

 2  additional safety and security purposes and shall not supplant

 3  funding expended in the prior year's budget for safety and

 4  security purposes. In order to assess an additional amount for

 5  safety and security purposes, a community college board of

 6  trustees must provide written justification to the State Board

 7  of Community Colleges based on criteria approved by the local

 8  board of trustees, including but not limited to criteria such

 9  as local crime data and information, and strategies for the

10  implementation of local safety plans. For 1999-2000, each

11  community college is authorized to increase the sum of the

12  matriculation fee and technology fee by not more than 5

13  percent of the sum of the matriculation and local safety and

14  security fees in 1998-1999. However, no fee in 1999-2000 shall

15  exceed the prescribed statutory limit. Should a college decide

16  to increase the matriculation fee, the funds raised by

17  increasing the matriculation fee must be expended solely for

18  additional safety and security purposes and shall not supplant

19  funding expended in the 1998-1999 budget for safety and

20  security purposes.

21         (10)  Each community college district board of trustees

22  may establish a separate activity and service fee not to

23  exceed 10 percent of the matriculation fee, according to rules

24  of the State Board of Education.  The student activity and

25  service fee shall be collected as a component part of the

26  registration and tuition fees. The student activity and

27  service fees shall be paid into a student activity and service

28  fund at the community college and shall be expended for lawful

29  purposes to directly benefit the student body in general.

30  These purposes include, but are not limited to, student

31  publications and grants to duly recognized student

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1631

    Amendment No.    





 1  organizations, the membership of which is open to all students

 2  at the community college without regard to race, sex, or

 3  religion.

 4         Section 37.  Paragraph (c) of subsection (1) of section

 5  240.359, Florida Statutes, is amended to read:

 6         240.359  Procedure for determining state financial

 7  support and annual apportionment of state funds to each

 8  community college district.--The procedure for determining

 9  state financial support and the annual apportionment to each

10  community college district authorized to operate a community

11  college under the provisions of s. 240.313 shall be as

12  follows:

13         (1)  DETERMINING THE AMOUNT TO BE INCLUDED IN THE STATE

14  COMMUNITY COLLEGE PROGRAM FUND FOR THE CURRENT OPERATING

15  PROGRAM.--

16         (c)  If a student enrolls in any course that he or she

17  has previously taken, unless it is a credit course in which

18  the student earned a grade of D or F, the hours shall not be

19  used in the calculation of full-time equivalent enrollments

20  for state funding purposes. The category of lifelong learning

21  is for students enrolled pursuant to s. 239.301.  A student

22  shall also be reported as a lifelong learning student for his

23  or her enrollment in any course that he or she has previously

24  taken, unless it is a credit course in which the student

25  earned a grade of D or F.

26         Section 38.  For fiscal year 2001-2002, up to 10

27  percent of each community college's and school district's

28  total state funding for workforce development education

29  programs, pursuant to s. 239.115, may be exempted by the State

30  Workforce Board from the performance requirements of

31  subsection (7) of s. 239.115 based on the implementation of

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1631

    Amendment No.    





 1  new programs and the expansion of existing programs targeted

 2  by the board.

 3

 4  (Redesignate subsequent sections.)

 5

 6

 7  ================ T I T L E   A M E N D M E N T ===============

 8  And the title is amended as follows:

 9         On page 5, line 16, after the semicolon,

10

11  insert:

12         amending s. 239.115, F.S.; establishing

13         legislative intent that funding formulas not

14         penalize institutions for certain actions;

15         workforce development education programs;

16         amending s. 239.117, F.S., relating to

17         workforce development postsecondary student

18         fees; revising a limitation on the total value

19         of fee waivers; revising the date by which the

20         Commissioner of Education must provide a fee

21         schedule; deleting obsolete language; requiring

22         each school board or community college district

23         board of trustees to determine the method for

24         distributing certain awards; deleting a

25         provision that limits technology fees to

26         associate degree programs and courses;

27         authorizing school boards and community college

28         boards of trustees to establish technology and

29         financial aid fees; amending s. 239.213, F.S.,

30         relating to vocational preparatory instruction;

31         requiring students who enroll in certificate

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1631

    Amendment No.    





 1         career education programs of 450 hours or more

 2         to complete an entry-level examination within a

 3         certain period of time; revising provisions

 4         relating to exceptional students to conform

 5         with federal requirements; amending s. 239.514,

 6         F.S., relating to the workforce development

 7         capitalization incentive grant program;

 8         authorizing the use of such funds to upgrade

 9         workforce development programs; amending s.

10         240.1201, F.S.; authorizing the State Board of

11         Education to classify students as residents or

12         nonresidents for tuition purposes; amending ss.

13         240.152 and 240.153, F.S.; conforming

14         provisions relating to students with

15         disabilities with federal requirements;

16         requiring the State Board of Education to

17         define "physical or mental impairment" by rule;

18         amending s. 240.311, F.S.; revising the role of

19         the State Board of Community Colleges in

20         rulemaking; providing specific rulemaking

21         authority; amending s. 240.321, F.S.;

22         clarifying requirements regarding the provision

23         of adequate information on remediation courses;

24         amending s. 240.325, F.S.; requiring the State

25         Board of Community Colleges, rather than the

26         State Board of Education, to adopt rules;

27         requiring the adoption of rules to address

28         accreditation, student withdrawal, and grade

29         forgiveness; amending s. 240.3341, F.S.;

30         authorizing community colleges to lease

31         incubator facilities; deleting obsolete

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1631

    Amendment No.    





 1         language; amending s. 240.35, F.S., relating to

 2         student fees; deleting obsolete and redundant

 3         language; amending s. 240.359, F.S.;

 4         prohibiting the inclusion of certain hours in

 5         calculations of full-time equivalent

 6         enrollments; eliminating provisions relating to

 7         funding for the category of lifelong learning;

 8         providing one year performance exemptions for

 9         new and expanded workforce development

10         programs;

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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