Senate Bill 1680c1

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    Florida Senate - 2000                           CS for SB 1680

    By the Committee on Governmental Oversight and Productivity





    302-1897-00

  1                      A bill to be entitled

  2         An act relating to Cabinet reorganization;

  3         amending s. 20.15, F.S.; designating the head

  4         of the Department of Education; creating

  5         divisions and designating directors; amending

  6         s. 229.012, F.S.; providing for the State Board

  7         of Education; providing for a chairman;

  8         abolishing the Board of Regents and the State

  9         Board of Community Colleges; amending s.

10         229.021, F.S.; establishing a meeting date;

11         amending s. 229.053, F.S.; providing for

12         general powers of the board; amending s.

13         229.512, F.S.; establishing powers of the

14         Commissioner of Education; creating s.

15         229.5121, F.S.; establishing the powers and

16         duties of the Superintendent of Public

17         Instruction; amending s. 229.551, F.S.;

18         delegating educational management authority to

19         the State Board of Education; amending s.

20         229.555, F.S.; delegating educational planning

21         responsibility to the State Board of Education;

22         amending s. 229.559, F.S.; providing powers to

23         the Superintendent of Public Instruction;

24         amending s. 229.565, F.S.; requiring the

25         Superintendent of Public Instruction to develop

26         performance standards; amending s. 229.57,

27         F.S.; delegating powers to the Superintendent

28         of Public Instruction; amending s. 229.58,

29         F.S.; delegating powers to the Superintendent

30         of Public Instruction; amending s. 229.59,

31         F.S.; requiring the State Board of Education to

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  1         adopt rules for implementing educational

  2         improvement projects; authorizing the State

  3         Board of Education to distribute grant funds;

  4         amending s. 229.591, F.S.; deleting authority

  5         of the Commissioner of Education relating to

  6         school improvement and education

  7         accountability; amending s. 229.592, F.S.;

  8         delegating school improvement and education

  9         accountability to the State Board of Education

10         and the Superintendent of Public Instruction;

11         amending s. 229.595, F.S.; requiring the State

12         Board of Education to identify employability

13         skills; amending s. 229.601, F.S.; delegating

14         responsibility for the career education program

15         to the State Board of Education; amending s.

16         229.602, F.S.; revising the Florida private

17         sector and partnership act; amending s.

18         229.603, F.S.; providing for distribution of

19         funds by the State Board of Education;

20         repealing ss. 229.75, 229.76, F.S.; repealing a

21         requirement that department offices be located

22         in the offices of the Commissioner of

23         Education; amending s. 229.8021, F.S.;

24         providing for the State Board of Education to

25         appoint members of the board of directors of

26         direct-support organizations; amending s.

27         229.805, F.S.; requiring that the State Board

28         of Education adopt rules; amending s. 229.8051,

29         F.S.; requiring the State Board of Education to

30         adopt rules relating to the public broadcasting

31         program system; amending s. 240.115, F.S.;

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  1         delegating responsibility for the articulation

  2         agreement; amending s. 240.1163, F.S.;

  3         authorizing the State Board of Education to

  4         approve dual enrollment agreements; amending s.

  5         240.117, F.S.; authorizing the State Board of

  6         Education to specify college credit courses for

  7         college-preparatory skill area; amending s.

  8         240.118, F.S.; requiring the State Board of

  9         Education to report to the Governor on the

10         performance of first-time-in-postsecondary

11         education students; amending s. 240.124, F.S.;

12         authorizing the State Board of Education to

13         define and establish fee levels; amending s.

14         240.125, F.S.; authorizing the State Board of

15         Education to establish a Trust Fund for

16         Postsecondary Cooperation; amending s. 240.132,

17         F.S.; deleting authority of the Board of

18         Regents related to disruptive activities at

19         state universities; amending s. 240.133, F.S.;

20         prescribing authority relating to expulsion and

21         discipline; amending s. 240.134, F.S.; deleting

22         authority of the Board of Regents and the State

23         Board of Community Colleges relating to

24         religious observances; amending s. 240.145,

25         F.S.; housing the Postsecondary Planning

26         Commission in the Division of Administration;

27         amending s. 240.147, F.S.; requiring the State

28         Board of Education to review and approve

29         instructional centers; amending s. 240.152,

30         F.S.; deleting authority of the Board of

31         Regents and the State Board of Community

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  1         Colleges related to disabled persons; amending

  2         s. 240.153, F.S.; authorizing the State Board

  3         of Education to adopt rules related to disabled

  4         persons; amending s. 240.155, F.S.; requiring

  5         the State Board of Education to adopt campus

  6         master plans; amending s. 240.2011, F.S.;

  7         striking a reference to the Board of Regents;

  8         creating s. 240.2012, F.S.; establishing boards

  9         of trustees for each university in the State

10         University System; creating s. 240.2014, F.S.;

11         providing that university boards of trustees

12         are corporate bodies; creating s. 240.2016,

13         F.S.; delegating authority to university boards

14         of trustees; amending s. 240.203, F.S.;

15         delegating to the State Board of Education

16         authority over the State University System;

17         repealing s. 240.205, F.S.; eliminating the

18         Board of Regents; repealing s. 240.207, F.S.;

19         eliminating requirements for members of the

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

21         designating the Chancellor as the Director of

22         the Division of Universities; eliminating

23         powers and duties of the Board of Regents;

24         amending s. 240.2093, F.S.; providing for

25         powers of the State Board of Education relating

26         to issuance of bonds; amending s. 240.2095,

27         F.S.; delegating program approval authority to

28         the State Board of Education; amending s.

29         240.2097, F.S.; requiring the State Board of

30         Education to adopt rules related to limited

31         access status criteria; amending s. 240.2099,

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  1         F.S.; requiring the Division of Universities

  2         and the Division of Community Colleges to adopt

  3         a student advising system; amending s.

  4         240.2111, F.S.; requiring university boards of

  5         trustees to adopt rules for employee

  6         recognition programs; amending s. 240.2112,

  7         F.S.; requiring university boards of trustees

  8         to implement incentive efficiency programs;

  9         amending s. 240.301, F.S.; striking a reference

10         to the State Board of Community Colleges;

11         amending s. 240.3031, F.S.; striking a

12         reference to the State Board of Community

13         Colleges; repealing s. 240.305, F.S.;

14         eliminating the State Board of Community

15         Colleges; repealing s. 240.307, F.S.;

16         eliminating requirements for members of the

17         State Board of Community Colleges; repealing s.

18         240.309, F.S.; eliminating meeting

19         requirements; amending s. 240.311, F.S.;

20         designating the Commissioner of Community

21         Colleges; amending s. 240.313, F.S.; providing

22         for appointment of community college boards of

23         trustees; amending s. 240.317, F.S.; striking a

24         reference to the State Board of Community

25         Colleges; amending s. 240.319, F.S.; requiring

26         the State Board of Education to evaluate

27         community college presidents; amending s.

28         246.031, F.S.; assigning the State Board of

29         Independent Colleges and Universities to the

30         Division of Administration; amending s.

31         246.041, F.S.; providing for the Bureau of

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  1         Student Financial Assistance in the Division of

  2         Administration; amending s. 246.205, F.S.;

  3         assigning the State Board of Nonpublic Career

  4         Education to the Division of Administration;

  5         establishing the Educational Governance

  6         Transition Task Force; designating duties;

  7         amending s. 411.01, F.S.; housing the Florida

  8         Partnership for School Readiness in the

  9         Division of Administration; providing an

10         effective date.

11

12         WHEREAS, in November of 1998 the electorate of Florida

13  voted to amend the State Constitution, and

14         WHEREAS, that amendment provides for the modification

15  of the membership of the Cabinet effective January 7, 2003,

16  and

17         WHEREAS, that amendment provides that the Commissioner

18  of Education will not be a member of the Cabinet but will be

19  an appointee of the State Board of Education, and

20         WHEREAS, the amendment provides that the State Board of

21  Education will not consist of the Governor and Cabinet but

22  will consist of seven members who are appointed by the

23  Governor and confirmed by the Senate, NOW, THEREFORE,

24

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

26

27         Section 1.  Section 20.15, Florida Statutes, is amended

28  to read:

29         20.15  Department of Education.--There is created a

30  Department of Education.

31

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  1         (1)  STATE BOARD OF EDUCATION.--The head of the

  2  Department of Education is the State Board of Education. In

  3  accordance with s. 2, Art. IX of the State Constitution, the

  4  State Board of Education is the chief policymaking body of

  5  public education in the state as specified in chapter 229. The

  6  Governor is chair of the board, and the Commissioner of

  7  Education is the secretary and executive officer and in the

  8  absence of the Governor shall serve as chair.

  9         (2)  COMMISSIONER OF EDUCATION.--The head of the

10  Department of Education is the Commissioner of Education who

11  shall be elected by vote of the qualified electors of the

12  state pursuant to s. 5, Art. IV of the State Constitution.

13         (a)  The Commissioner of Education shall appoint a

14  Deputy Commissioner for Educational Programs who has such

15  powers, duties, responsibilities, and functions as are

16  necessary to ensure the greatest possible coordination,

17  efficiency, and effectiveness of kindergarten through

18  12th-grade education and vocational and continuing education

19  programs, including workforce development.

20         (b)  The Commissioner of Education shall appoint a

21  Deputy Commissioner for Planning, Budgeting, and Management

22  who has such powers, duties, responsibilities, and functions

23  as are necessary to ensure the greatest possible coordination

24  of policies, programs, and procedures for the statewide system

25  of education and the department.

26         (c)  The Commissioner of Education shall appoint a

27  Deputy Commissioner for Technology and Administration who has

28  such powers, duties, responsibilities, and functions as are

29  necessary to ensure the greatest possible coordination and

30  development of technological supports for the education system

31  and efficient administration of the department.

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  1         (2)(3)  DIVISIONS.--The following divisions of the

  2  Department of Education are established:

  3         (a)  Division of Administration.

  4         (b)(a)  Division of Community Colleges.

  5         (c)(b)  Division of Public Schools and Community

  6  Education.

  7         (d)(c)  Division of Universities.

  8         (d)  Division of Workforce Development.

  9         (e)  Division of Human Resource Development.

10         (f)  Division of Administration.

11         (g)  Division of Financial Services.

12         (h)  Division of Support Services.

13         (i)  Division of Technology.

14         (3)(4)  DIRECTORS.--The divisions in the Department of

15  Education are headed by directors:

16         (a)  The Commissioner of Education is the director of

17  the Division of Administration. The Commissioner of Education

18  shall be appointed by, and serve at the pleasure of, the State

19  Board of Education as provided by s. 2, Article IX of the

20  State Constitution. The Commissioner of Education shall be

21  appointed from candidates of national caliber who have

22  respected and proven organizational leadership with

23  established experience in administering broad-based policy.

24  The Commissioner of Education shall serve as corporate

25  secretary for the State Board of Education.

26         (b)  The Commissioner of Community Colleges is the

27  director of the Division of Community Colleges. The

28  Commissioner of Community Colleges shall be appointed by, and

29  serve at the pleasure of, the State Board of Education. The

30  Commissioner of Community Colleges shall be appointed from

31  candidates of national caliber who have respected and proven

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  1  organizational leadership with established experience in

  2  administering broad-based policy. The commissioner should be

  3  capable of enhancing quality education in Florida's community

  4  colleges and working directly with each of the community

  5  college presidents and boards of trustees in focusing on the

  6  educational needs of the communities and students they serve.

  7         (c)  The Superintendent of Public Instruction is the

  8  director of the Division of Public Schools. The Superintendent

  9  of Public Instruction shall be appointed by, and serve at the

10  pleasure of, the State Board of Education. The Superintendent

11  of Public Instruction shall be appointed from candidates of

12  national caliber who have respected and proven organizational

13  leadership with established experience in administering

14  broad-based policy. The superintendent should be able to

15  enhance the quality of prekindergarten-12 education in Florida

16  and to maximize the equity of prekindergarten-12 education in

17  Florida by focusing on the schools and the individual

18  students.

19         (d)  The Chancellor is the director of the Division of

20  Universities. The Chancellor shall be appointed by, and serve

21  at the pleasure of, the State Board of Education. The

22  Chancellor shall be appointed from candidates of national

23  caliber who have respected and proven organizational

24  leadership with established experience in administering

25  broad-based policy. The Chancellor should be capable of

26  enhancing the national reputation and quality of education and

27  educational research in Florida's state universities, and

28  working directly with each of the state university presidents

29  and boards of trustees in focusing on the education and

30  educational research needs of the individual university and

31  its students. The Board of Regents is the director of the

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  1  Division of Universities, and the State Board of Community

  2  Colleges is the director of the Division of Community

  3  Colleges, pursuant to chapter 240.  The directors of all other

  4  divisions shall be appointed by the commissioner subject to

  5  approval by the state board.

  6         (4)(5)  POWERS AND DUTIES.--The State Board of

  7  Education and the Commissioner of Education:

  8         (a)  Shall assign to the Division of Public Schools and

  9  Community Education such powers, duties, responsibilities, and

10  functions as are necessary to ensure the greatest possible

11  coordination, efficiency, and effectiveness of education for

12  students in prekindergarten through 12th grade, for secondary

13  school vocational education, and for community education.

14         (b)  Shall assign to the Division of Administration

15  Workforce Development such powers, duties, responsibilities,

16  and functions as are necessary to ensure the greatest possible

17  coordination, efficiency, and effectiveness of workforce

18  development education.

19         (c)  Shall assign to the Division State Board of

20  Community Colleges such powers, duties, responsibilities, and

21  functions as are necessary to ensure the coordination,

22  efficiency, and effectiveness of community colleges, except

23  those duties specifically assigned to the Commissioner of

24  Education in ss. 229.512 and 229.551, the duties concerning

25  physical facilities in chapter 235, and the duties assigned to

26  the Division of Workforce Development in chapter 239.

27         (5)(6)  COUNCILS AND COMMITTEES.--Notwithstanding any

28  anything contained in law to the contrary, the State Board

29  Commissioner of Education shall appoint all members of all

30  councils and committees of the Department of Education, except

31  for the state university boards of trustees, the Board of

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  1  Regents, the State Board of Community Colleges, the community

  2  college district boards of trustees, the Postsecondary

  3  Education Planning Commission, the Education Practices

  4  Commission, the Education Standards Commission, the State

  5  Board of Independent Colleges and Universities, and the State

  6  Board of Nonpublic Career Education.

  7         (6)(7)  BOARDS.--Notwithstanding any anything contained

  8  in law to the contrary, all members of the state university

  9  boards of trustees Board of Regents, the State Board of

10  Community Colleges, and the community college district boards

11  of trustees must be appointed according to chapter 240.

12         Section 2.  Section 229.012, Florida Statutes, is

13  amended to read:

14         229.012  Composition of the State Board of Education.--

15         (1)  Pursuant to s. 2 of Art. IX of the State

16  Constitution, the State Board of Education shall consist of

17  seven members appointed by the Governor to staggered 4-year

18  terms, subject to confirmation by the Senate. Board members

19  shall be selected from the state at large, be representative

20  of the geographical areas of the state, and be representative

21  of the racial, ethnic, and gender diversity of the state. The

22  board shall be a part-time citizen board and its members may

23  be reappointed by the Governor for additional terms. 

24         (2)  The board shall elect a chairperson from among its

25  members by majority vote. The chairperson shall serve a 2-year

26  term and may not succeed himself or herself as chairperson.

27  the Governor, the Secretary of State, the Attorney General,

28  the Comptroller, the Treasurer, the Commissioner of

29  Agriculture, and the Commissioner of Education.  The Governor

30  shall be the chair of the board, and the Commissioner of

31  Education shall be its secretary and executive officer.

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  1         Section 3.  Section 229.021, Florida Statutes, is

  2  amended to read:

  3         229.021  Meeting dates.--The State Board of Education

  4  shall meet at least once each month. On or before July 1 of

  5  each year the state board shall designate and set aside 1 day

  6  each month as a regular meeting day. Special meetings may be

  7  held on request of a member the Commissioner of Education.

  8         Section 4.  The Board of Regents and the State Board of

  9  Community Colleges are abolished.

10         Section 5.  Section 229.053, Florida Statutes, is

11  amended to read:

12         229.053  General powers of state board.--

13         (1)  The State Board of Education is the chief

14  policymaking and coordinating body of public education in

15  Florida. It has authority to adopt rules pursuant to ss.

16  120.536(1) and 120.54 to implement the provisions of law

17  conferring duties upon it for the improvement of the state

18  system of public education.  Except as otherwise provided

19  herein, it may, as it shall find appropriate, delegate its

20  general powers to the Commissioner of Education or the

21  directors of the divisions of the department.

22         (2)  The board has the following duties:

23         (a)  To adopt comprehensive educational objectives for

24  public education.

25         (b)  To adopt comprehensive long-range plans and

26  short-range programs for the development of the state system

27  of public education.

28         (c)  To supervise exercise general supervision over the

29  divisions of the Department of Education as necessary to

30  ensure coordination of educational plans and programs and

31  resolve controversies and to minimize problems of articulation

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  1  and student transfers, to assure that students moving from one

  2  level of education to the next have acquired competencies

  3  necessary for satisfactory performance at that level, and to

  4  ensure maximum utilization of facilities.

  5         (d)  To adopt for public universities and community

  6  colleges, and from time to time modify, minimum and uniform

  7  standards of college-level communication and computation

  8  skills generally associated with successful performance and

  9  progression through the baccalaureate level and to identify

10  college-preparatory high school coursework and

11  postsecondary-level coursework that prepares students with the

12  academic skills necessary to succeed in postsecondary

13  education.

14         (e)  To adopt and transmit to the Governor as chief

15  budget officer of the state on official forms furnished for

16  such purposes, on or before September 1 of each year,

17  estimates of expenditure requirements for the State Board of

18  Education, the Commissioner of Education, and all of the

19  boards, divisions, institutions, agencies, and services under

20  the general supervision of the State Board of Education for

21  the ensuing fiscal year.

22         (f)  To hold meetings, transact business, keep records,

23  adopt a seal, and perform such other duties as may be

24  necessary for the enforcement of all laws and regulations

25  relating to the state system of public education.

26         (g)  To approve plans for cooperating with the Federal

27  Government.

28         (h)  To approve plans for cooperating with other public

29  agencies in the development of regulations and in the

30  enforcement of laws for which the state board and such

31  agencies are jointly responsible.

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  1         (i)  To review plans for cooperating with appropriate

  2  nonpublic agencies for the improvement of conditions relating

  3  to the welfare of schools.

  4         (j)  To create such subordinate advisory bodies as are

  5  required by law or as it finds necessary for the improvement

  6  of education.

  7         (k)  To constitute the State Board for Career Education

  8  or other structures as required by federal law.

  9         (l)  To assist in the economic development of the state

10  by developing a state-level planning process to identify

11  future training needs for industry, especially high-technology

12  industry.

13         (m)  To assist in the planning and economic development

14  of the state by establishing a clearinghouse for information

15  on educational programs of value to economic development.

16         (n)  To contract with independent institutions

17  accredited by an agency holding membership in the Commission

18  on Recognition of Postsecondary Accreditation for the

19  provision of those educational programs and facilities which

20  will meet needs unfulfilled by the state system of public

21  postsecondary education.

22         (o)  To recommend that a district school board take

23  action consistent with the state board's decision relating to

24  an appeal of a charter school application.

25         Section 6.  Section 229.512, Florida Statutes, is

26  amended to read:

27         229.512  Commissioner of Education; general powers and

28  duties.--The Commissioner of Education is the director of the

29  Division of Administration and chief educational officer of

30  the state, and has the following general powers and duties:

31

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  1         (1)  To appoint staff necessary to carry out his or her

  2  powers and duties.

  3         (2)  To suspend, for cause, with the approval of the

  4  State Board of Education, a public community college

  5  president. Such suspension shall be acted upon expeditiously

  6  by the local community college board of trustees.

  7         (3)  To advise and counsel with the State Board of

  8  Education on all matters pertaining to education; to recommend

  9  to the State Board of Education actions and policies as, in

10  the commissioner's opinion, should be acted upon or adopted;

11  and to execute or provide for the execution of all acts and

12  policies as are approved.

13         (4)  To call such special meetings of the State Board

14  of Education as the commissioner deems necessary.

15         (1)(5)  To keep such records as are necessary to set

16  forth clearly all acts and proceedings of the state board.

17         (6)  To have a seal for his or her office with which,

18  in connection with his or her own signature, the commissioner

19  shall authenticate true copies of decisions, acts, or

20  documents.

21         (7)  To assemble all data relative to the preparation

22  of the long-range plan for the development of the state system

23  of public education; to propose for adoption by the State

24  Board of Education such a plan; and to propose revisions in

25  the plan as may be necessary.

26         (2)(8)  To recommend to the State Board of Education

27  policies and steps designed to protect and preserve the

28  principal of the State School Fund; to provide an assured and

29  stable income from the fund; to execute such policies and

30  actions as are approved; and to administer the State School

31  Fund.

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  1         (9)  To take action on the release of mineral rights

  2  based upon the recommendations of the Board of Trustees of the

  3  Internal Improvement Trust Fund.

  4         (3)(10)  To submit to the State Board of Education, at

  5  least 30 days prior to the date fixed herein, recommendations

  6  of expenditures for the Division of Administration State Board

  7  of Education, the Commissioner of Education, and all of the

  8  boards, institutions, agencies, and services under the general

  9  supervision of the division State Board of Education for the

10  ensuing fiscal year.

11         (11)  To develop and implement a plan for cooperating

12  with the Federal Government in carrying out any or all phases

13  of the educational program and to recommend policies for

14  administering funds that are appropriated by Congress and

15  apportioned to the state for any or all educational purposes.

16         (12)  To develop and implement policies for cooperating

17  with other public agencies in carrying out those phases of the

18  program in which such cooperation is required by law or is

19  deemed by the commissioner to be desirable and to cooperate

20  with public and nonpublic agencies in planning and bringing

21  about improvements in the educational program.

22         (13)  To prepare forms and procedures as are necessary

23  to be used by district school boards and all other educational

24  agencies to assure uniformity, accuracy, and efficiency in the

25  keeping of records, the execution of contracts, the

26  preparation of budgets, or the submission of reports; to

27  furnish at state expense, when deemed advisable by the

28  commissioner, those forms that can more economically and

29  efficiently be provided.

30         (14)  To implement a program of school improvement and

31  education accountability designed to provide all students the

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  1  opportunity to make adequate learning gains in each year of

  2  school as provided by statute and State Board of Education

  3  rule based upon the achievement of the state education goals,

  4  recognizing the State Board of Education as the body corporate

  5  responsible for the supervision of the system of public

  6  education, the school board as responsible for school and

  7  student performance, and the individual school as the unit for

  8  education accountability.

  9         (4)(15)  To arrange for the preparation, publication,

10  and distribution of materials relating to the state system of

11  public education which supply information concerning needs,

12  problems, plans, and possibilities.

13         (5)(16)(a)  To prepare and publish annually reports

14  giving statistics and other useful information pertaining to

15  the state system of public education.; and

16         (6)(b)  To prepare and publish annually reports giving

17  statistics and other useful information pertaining to the

18  Opportunity Scholarship Program.

19         (7)(17)  To have printed copies of school laws, forms,

20  instruments, instructions, and regulations of the state board

21  of Education and provide for their distribution.

22         (18)  To develop criteria for use by state

23  instructional materials committees in evaluating materials

24  submitted for adoption consideration.  The criteria shall, as

25  appropriate, be based on instructional expectations reflected

26  in curriculum frameworks and student performance standards.

27  The criteria for each subject or course shall be made

28  available to publishers of instructional materials at least 24

29  months prior to the date on which bids are due as provided by

30  s. 233.14, except as otherwise permitted under s. 233.17(3).

31  It is the intent of the Legislature that publishers have ample

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  1  time to develop instructional materials designed to meet

  2  requirements in this state.

  3         (19)  To prescribe procedures for evaluating

  4  instructional materials submitted by publishers and

  5  manufacturers in each adoption.

  6         Section 7.  Section 229.5121, Florida Statutes, is

  7  created to read:

  8         229.5121  Superintendent of Public Instruction; general

  9  powers and duties.--The Superintendent of Public Instruction

10  is the director of the Division of Public Schools and, under

11  the direction and authority of the State Board of Education,

12  has the following general powers and duties:

13         (1)  To prepare forms and procedures as are necessary

14  to be used by district school boards to assure uniformity,

15  accuracy, and efficiency in keeping of records, the execution

16  of contracts, the preparation of budgets, or the submission of

17  reports.

18         (2)  To implement, under the direction of the State

19  Board of Education, a program of school improvement and

20  education accountability designed to provide all students the

21  opportunity to make adequate learning gains in each year of

22  school as provided by statute and rule based upon the

23  achievement of the state education goals, recognizing the

24  school board as responsible for school and student

25  performance, and the individual school as the unit for

26  educational accountability.

27         (3)  To develop criteria for use by state instructional

28  materials committees in evaluating materials submitted for

29  adoption consideration. The criteria shall, as appropriate, be

30  based on instructional expectations reflected in curriculum

31  frameworks and student performance standards. The criteria for

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  1  each subject or course shall be made available to publishers

  2  of instructional materials at least 24 months prior to the

  3  date on which bids are due as provided by s. 233.14, except as

  4  otherwise permitted under s. 233.17(3). It is the intent of

  5  the Legislature that publishers have ample time to develop

  6  instructional materials designed to meet requirements in this

  7  state.

  8         (4)  To prescribe procedures for evaluating

  9  instructional materials submitted by publishers and

10  manufacturers in each adoption.

11         (5)  To develop and implement, with the Commissioner of

12  Education, an integrated information system for educational

13  management, as provided in s. 229.555(2).

14         (6)  To obtain opinions and advice from citizens,

15  educators, and members of the business community in developing

16  student performance standards, as provided in s. 229.565.

17         (7)  To direct Florida school districts to participate

18  in the administration of the National Assessment of

19  Educational Progress, or similar national assessment program,

20  as provided in s. 229.57.

21         (8)  To design and implement a statewide program of

22  educational assessment, as provided in s. 229.57.

23         Section 8.  Section 229.551, Florida Statutes, is

24  amended to read:

25         229.551  Educational management.--

26         (1)  The department is directed to identify all

27  functions which under the provisions of this act contribute

28  to, or comprise a part of, the state system of educational

29  accountability and to establish within the department the

30  necessary organizational structure, policies, and procedures

31  for effectively coordinating such functions.  Such policies

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  1  and procedures shall clearly fix and delineate

  2  responsibilities for various aspects of the system and for

  3  overall coordination of the total system.  The commissioner

  4  shall perform the following duties and functions:

  5         (a)  Coordination of department plans for meeting

  6  educational needs and for improving the quality of education

  7  provided by the state system of public education;

  8         (b)  Coordination of management information system

  9  development for all levels of education and for all divisions

10  of the department, to include the development and utilization

11  of cooperative education computing networks for the state

12  system of public education;

13         (c)  Development of database definitions and all other

14  items necessary for full implementation of a comprehensive

15  management information system as required by s. 229.555;

16         (d)  Coordination of all planning functions for all

17  levels and divisions within the department;

18         (e)  Coordination of all cost accounting and cost

19  reporting activities for all levels of education, including

20  public schools, vocational programs, community colleges, and

21  institutions in the State University System;

22         (f)  Development and coordination of a common course

23  designation and numbering system for postsecondary education

24  in school districts, community colleges, participating

25  nonpublic postsecondary education institutions, and the State

26  University System which will improve program planning,

27  increase communication among all postsecondary delivery

28  systems, and facilitate the transfer of students.  The system

29  shall not encourage or require course content prescription or

30  standardization or uniform course testing, and the continuing

31  maintenance of the system shall be accomplished by appropriate

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  1  faculty committees representing public and participating

  2  nonpublic institutions.   The Articulation Coordinating

  3  Committee, whose membership represents public and nonpublic

  4  postsecondary institutions, shall:

  5         1.  Identify the highest demand degree programs within

  6  the State University System.

  7         2.  Conduct a study of courses offered by universities

  8  and accepted for credit toward a degree.  The study shall

  9  identify courses designated as either general education or

10  required as a prerequisite for a degree.  The study shall also

11  identify these courses as upper-division level or

12  lower-division level.

13         3.  Appoint faculty committees representing both

14  community college and university faculties to recommend a

15  single level for each course included in the common course

16  numbering and designation system.  Any course designated as an

17  upper-division level course must be characterized by a need

18  for advanced academic preparation and skills that a student

19  would be unlikely to achieve without significant prior

20  coursework. A course that is offered as part of an associate

21  in science degree program and as an upper-division course for

22  a baccalaureate degree shall be designated for both the lower

23  and upper division. Of the courses required for each

24  baccalaureate degree, at least half of the credit hours

25  required for the degree shall be achievable through courses

26  designated as lower-division courses, except in degree

27  programs approved by the State Board of Education Board of

28  Regents pursuant to s. 240.209(5)(e).  A course designated as

29  lower-division may be offered by any community college. The

30  Articulation Coordinating Committee shall recommend to the

31  State Board of Education the levels for the courses.  The

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  1  common course numbering and designation system shall include

  2  the courses at the recommended levels, and, by fall semester

  3  of 1996, the registration process at each state university and

  4  community college shall include the courses at their

  5  designated levels and common course numbers.

  6         4.  Appoint faculty committees representing both

  7  community college and university faculties to recommend those

  8  courses identified to meet general education requirements

  9  within the subject areas of communication, mathematics, social

10  sciences, humanities, and natural sciences.  The Articulation

11  Coordinating Committee shall recommend to the State Board of

12  Education those courses identified to meet these general

13  education requirements by their common course code number. All

14  community colleges and state universities shall accept these

15  general education courses.

16         5.  Appoint faculty committees representing both

17  community colleges and universities to recommend common

18  prerequisite courses and identify course substitutions when

19  common prerequisites cannot be established for degree programs

20  across all institutions. Faculty work groups shall adopt a

21  strategy for addressing significant differences in

22  prerequisites, including course substitutions.  The State

23  Board of Education Regents shall be notified by the

24  Articulation Coordinating Committee when significant

25  differences remain.  Common degree program prerequisites shall

26  be offered and accepted by all state universities and

27  community colleges, except in cases approved by the State

28  Board of Education Regents pursuant to s. 240.209(5)(f).  The

29  Division Board of Universities Regents shall work with the

30  Division State Board of Community Colleges on the development

31  of a centralized database containing the list of courses and

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  1  course substitutions that meet the prerequisite requirements

  2  for each baccalaureate degree program;

  3         (g)  Expansion and ongoing maintenance of the common

  4  course designation and numbering system to include the

  5  numbering and designation of postsecondary vocational courses

  6  and facilitate the transfer of credits between public schools,

  7  community colleges, and state universities.  The Articulation

  8  Coordinating Committee shall:

  9         1.  Adopt guidelines for the participation of public

10  school districts and community colleges in offering courses

11  that may be transferred to a certificate, diploma, or degree

12  program.  These guidelines shall establish standards

13  addressing faculty qualifications, admissions, program

14  curricula, participation in the common course designation and

15  numbering system, and other issues identified by the

16  department Task Force on Workforce Development and the

17  Commissioner of Education.  Guidelines should also address the

18  role of accreditation in the designation of courses as

19  transferable credit. Such guidelines must not jeopardize the

20  accreditation status of educational institutions and must be

21  based on data related to the history of credit transfer among

22  institutions in this state and others.

23         2.  Identify postsecondary vocational programs offered

24  by community colleges and public school districts.  The list

25  shall also identify vocational courses designated as college

26  credit courses applicable toward a vocational diploma or

27  degree.  Such courses must be identified within the common

28  course numbering and designation system.

29         3.  Appoint faculty committees representing both

30  community college and public school faculties to recommend a

31  standard program length and appropriate occupational

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  1  completion points for each postsecondary vocational

  2  certificate program, diploma, and degree; and

  3         (h)  Development of common definitions necessary for

  4  managing a uniform coordinated system of career education for

  5  all levels of the state system of public education.

  6         (2)  It is the intent of the Legislature that the

  7  department commissioner, as appropriate, draw upon the

  8  expertise and the staff of all appropriate departments and

  9  agencies of the state in assuring that the system of

10  educational accountability is administered in the most

11  effective and efficient manner possible.

12         (3)  As a part of the system of educational

13  accountability, the department shall:

14         (a)  Develop minimum performance standards for various

15  grades and subject areas, as required in ss. 229.565 and

16  229.57.

17         (b)  Administer the statewide assessment testing

18  program created by s. 229.57.

19         (c)  Develop and administer an educational evaluation

20  program, including the provisions of the Plan for Educational

21  Assessment developed pursuant to s. 9, chapter 70-399, Laws of

22  Florida, and adopted by the State Board of Education.

23         (d)  Review the school advisory councils of each

24  district as required by s. 229.58.

25         (e)  Conduct the program evaluations required by s.

26  229.565.

27         (f)  Maintain a listing of college-level communication

28  and computation skills defined by the Articulation

29  Coordinating Committee as being associated with successful

30  student performance through the baccalaureate level and submit

31  the same to the State Board of Education for approval.

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  1         (g)  Maintain a listing of tests and other assessment

  2  procedures which measure and diagnose student achievement of

  3  college-level communication and computation skills and submit

  4  the same to the State Board of Education for approval.

  5         (h)  Maintain for the information of the State Board of

  6  Education and the Legislature a file of data compiled by the

  7  Articulation Coordinating Committee to reflect achievement of

  8  college-level communication and computation competencies by

  9  students in state universities and community colleges.

10         (i)  Develop or contract for, and submit to the State

11  Board of Education for approval, tests which measure and

12  diagnose student achievement of college-level communication

13  and computation skills.  Any tests and related documents

14  developed are exempt from the provisions of s. 119.07(1).  The

15  commissioner shall maintain statewide responsibility for the

16  administration of such tests and may assign administrative

17  responsibilities for the tests to any public university or

18  community college.  The state board, upon recommendation of

19  the commissioner, is authorized to enter into contracts for

20  such services beginning in one fiscal year and continuing into

21  the next year which are paid from the appropriation for either

22  or both fiscal years.

23         (j)  Perform any other functions that may be involved

24  in educational planning, research, and evaluation or that may

25  be required by the commissioner, the State Board of Education,

26  or law.

27         Section 9.  Section 229.555, Florida Statutes, is

28  amended to read:

29         229.555  Educational planning and information

30  systems.--

31         (1)  EDUCATIONAL PLANNING.--

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  1         (a)  The State Board of Education commissioner shall be

  2  responsible for all planning functions for the department,

  3  including collection, analysis, and interpretation of all

  4  data, information, test results, evaluations, and other

  5  indicators that are used to formulate policy, identify areas

  6  of concern and need, and serve as the basis for short-range

  7  and long-range planning.  Such planning shall include

  8  assembling data, conducting appropriate studies and surveys,

  9  and sponsoring research and development activities designed to

10  provide information about educational needs and the effect of

11  alternative educational practices.

12         (b)  Each district school board shall maintain a

13  continuing system of planning and budgeting designed to aid in

14  identifying and meeting the educational needs of students and

15  the public. Provision shall be made for coordination between

16  district school boards and community college district boards

17  of trustees concerning the planning for vocational and adult

18  educational programs.  The major emphasis of the system shall

19  be upon locally determined goals and objectives, the state

20  plan for education, and the Sunshine State Standards developed

21  by the Department of Education and adopted by the State Board

22  of Education.  The district planning and budgeting system must

23  include consideration of student achievement data obtained

24  pursuant to s. 229.57.  The system shall be structured to meet

25  the specific management needs of the district and to align the

26  budget adopted by the district school board with the plan the

27  board has also adopted. Each district school board shall

28  utilize its system of planning and budgeting to emphasize a

29  system of school-based management in which individual school

30  centers become the principal planning units and to integrate

31  planning and budgeting at the school level.

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  1         (2)  COMPREHENSIVE MANAGEMENT INFORMATION SYSTEMS.--The

  2  Commissioner of Education, with the assistance of the

  3  Superintendent of Public Instruction, shall develop and

  4  implement an integrated information system for educational

  5  management. The system must be designed to collect, via

  6  electronic transfer, all student and school performance data

  7  required to ascertain the degree to which schools and school

  8  districts are meeting state performance standards, and must be

  9  capable of producing data for a comprehensive annual report on

10  school and district performance. In addition, the system shall

11  support, as feasible, the management decisions to be made in

12  each division of the department and at the individual school

13  and district levels.  Similar data elements among divisions

14  and levels shall be compatible.  The system shall be based on

15  an overall conceptual design; the information needed for such

16  decisions, including fiscal, student, program, personnel,

17  facility, community, evaluation, and other relevant data; and

18  the relationship between cost and effectiveness.  The system

19  shall be managed and administered by the commissioner and

20  shall include a district subsystem component to be

21  administered at the district level, with input from the

22  reports-and-forms control management committees.  Each

23  district school system with a unique management information

24  system shall assure that compatibility exists between its

25  unique system and the district component of the state system

26  so that all data required as input to the state system is made

27  available via electronic transfer and in the appropriate input

28  format.

29         (a)  The specific responsibilities of the Commissioner

30  of Education, with the assistance of the Superintendent of

31  Public Instruction, shall include:

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  1         1.  Consulting with school district representatives in

  2  the development of the system design model and implementation

  3  plans for the management information system for public school

  4  education management;

  5         2.  Providing operational definitions for the proposed

  6  system;

  7         3.  Determining the information and specific data

  8  elements required for the management decisions made at each

  9  educational level, recognizing that the primary unit for

10  information input is the individual school and recognizing

11  that time and effort of instructional personnel expended in

12  collection and compilation of data should be minimized;

13         4.  Developing standardized terminology and procedures

14  to be followed at all levels of the system;

15         5.  Developing a standard transmittal format to be used

16  for collection of data from the various levels of the system;

17         6.  Developing appropriate computer programs to assure

18  integration of the various information components dealing with

19  students, personnel, facilities, fiscal, program, community,

20  and evaluation data;

21         7.  Developing the necessary programs to provide

22  statistical analysis of the integrated data provided in

23  subparagraph 6. in such a way that required reports may be

24  disseminated, comparisons may be made, and relationships may

25  be determined in order to provide the necessary information

26  for making management decisions at all levels;

27         8.  Developing output report formats which will provide

28  district school systems with information for making management

29  decisions at the various educational levels;

30         9.  Developing a phased plan for distributing computer

31  services equitably among all public schools and school

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  1  districts in the state as rapidly as possible.  The plan shall

  2  describe alternatives available to the state in providing such

  3  computing services and shall contain estimates of the cost of

  4  each alternative, together with a recommendation for action.

  5  In developing the plan, the feasibility of shared use of

  6  computing hardware and software by school districts, community

  7  colleges, and universities shall be examined.  Laws or

  8  administrative rules regulating procurement of data processing

  9  equipment, communication services, or data processing services

10  by state agencies shall not be construed to apply to local

11  agencies which share computing facilities with state agencies;

12         10.  Assisting the district school systems in

13  establishing their subsystem components and assuring

14  compatibility with current district systems;

15         11.  Establishing procedures for continuous evaluation

16  of system efficiency and effectiveness;

17         12.  Initiating a reports-management and

18  forms-management system to ascertain that duplication in

19  collection of data does not exist and that forms and reports

20  for reporting under state and federal requirements and other

21  forms and reports are prepared in a logical and uncomplicated

22  format, resulting in a reduction in the number and complexity

23  of required reports, particularly at the school level; and

24         13.  Initiating such other actions as are necessary to

25  carry out the intent of the Legislature that a management

26  information system for public school management needs be

27  implemented.  Such other actions shall be based on criteria

28  including, but not limited to:

29         a.  The purpose of the reporting requirement;

30         b.  The origination of the reporting requirement;

31

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  1         c.  The date of origin of the reporting requirement;

  2  and

  3         d.  The date of repeal of the reporting requirement.

  4         (b)  The specific responsibilities of each district

  5  school system shall include:

  6         1.  Establishing, at the district level, a

  7  reports-control and forms-control management system committee

  8  composed of school administrators and classroom teachers.  The

  9  district school board shall appoint school administrator

10  members and classroom teacher members; or, in school districts

11  where appropriate, the classroom teacher members shall be

12  appointed by the bargaining agent. Teachers shall constitute a

13  majority of the committee membership. The committee shall

14  periodically recommend procedures to the district school board

15  for eliminating, reducing, revising, and consolidating

16  paperwork and data collection requirements and shall submit to

17  the district school board an annual report of its findings.

18         2.  With assistance from the commissioner, developing

19  systems compatibility between the state management information

20  system and unique local systems.

21         3.  Providing, with the assistance of the department,

22  inservice training dealing with management information system

23  purposes and scope, a method of transmitting input data, and

24  the use of output report information.

25         4.  Establishing a plan for continuous review and

26  evaluation of local management information system needs and

27  procedures.

28         5.  Advising the commissioner of all district

29  management information needs.

30

31

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  1         6.  Transmitting required data input elements to the

  2  appropriate processing locations in accordance with guidelines

  3  established by the commissioner.

  4         7.  Determining required reports, comparisons, and

  5  relationships to be provided to district school systems by the

  6  system output reports, continuously reviewing these reports

  7  for usefulness and meaningfulness, and submitting recommended

  8  additions, deletions, and change requirements in accordance

  9  with the guidelines established by the commissioner.

10         8.  Being responsible for the accuracy of all data

11  elements transmitted to the department.

12         (c)  It is the intent of the Legislature that the

13  expertise in the state system of public education, as well as

14  contracted services, be utilized to hasten the plan for full

15  implementation of a comprehensive management information

16  system.

17         Section 10.  Section 229.559, Florida Statutes, is

18  amended to read:

19         229.559  Social security numbers used as student

20  identification numbers.--Each school district shall request

21  that each student enrolled in a public school in this state

22  provide his or her social security number. Each school

23  district shall use social security numbers as student

24  identification numbers in the management information system

25  maintained by the school district. However, a student is not

26  required to provide his or her social security number as a

27  condition for enrollment or graduation.  A student satisfies

28  this requirement by presenting to school enrollment officials

29  his or her social security card or a copy of the card. The

30  school district shall include the social security number in

31  the student's permanent records and shall indicate if the

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  1  student identification number is not a social security number.

  2  The Superintendent of Public Instruction commissioner shall

  3  provide assistance to school districts to assure that the

  4  assignment of student identification numbers other than social

  5  security numbers is kept to a minimum and to avoid duplication

  6  of any student identification number.

  7         Section 11.  Section 229.565, Florida Statutes, is

  8  amended to read:

  9         229.565  Educational evaluation procedures.--

10         (1)  STUDENT PERFORMANCE STANDARDS.--

11         (a)  The State Board of Education shall approve student

12  performance standards in key academic subject areas and grade

13  levels. The standards must apply, without limitation, to

14  language arts, mathematics, science, social studies, the arts,

15  health and physical education, foreign language, reading,

16  writing, history, government, geography, economics, and

17  computer literacy. The Superintendent of Public Instruction

18  commissioner shall obtain opinions and advice from citizens,

19  educators, and members of the business community in developing

20  the standards. For purposes of this section, the term "student

21  performance standard" means a statement describing a skill or

22  competency students are expected to learn.

23         (b)  The student performance standards must address the

24  skills and competencies that a student must learn in order to

25  graduate from high school. The Superintendent of Public

26  Instruction commissioner shall also develop performance

27  standards for students who learn a higher level of skills and

28  competencies.

29         (2)  EDUCATION EVALUATION.--The State Board

30  Commissioner of Education, or the Auditor General as provided

31  in paragraph (a), shall periodically examine and evaluate

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  1  procedures, records, and programs in each district to

  2  determine compliance with law and rules established by the

  3  state board, or by the Superintendent of Public Instruction

  4  Commissioner of Education, and in each correctional

  5  institution operated by the Department of Corrections to

  6  determine compliance with law and rules established by the

  7  Department of Corrections for the Correctional Education

  8  Program pursuant to s. 944.801. Such evaluations must include,

  9  but need not be limited to:

10         (a)  Reported full-time equivalent membership in each

11  program category. This evaluation must be conducted by the

12  Auditor General for the Florida Education Finance Program

13  full-time enrollment verification function.

14         (b)  The organization of all special programs to ensure

15  compliance with law and the criteria established and approved

16  by the state board pursuant to the provisions of this section

17  and s. 230.23(4)(m).

18         (c)  The procedures for identification and placement of

19  students in educational alternative programs for students who

20  are disruptive or unsuccessful in a normal school environment

21  and for diagnosis and placement of students in special

22  programs for exceptional students, to determine that the

23  district is following the criteria for placement established

24  by rules of the State Board and of the Commissioner of

25  Education and the procedures for placement established by that

26  district school board and by the Superintendent of Public

27  Instruction Commissioner of Education.

28         (d)  An evaluation of the standards by which the school

29  district evaluates basic and special programs for quality,

30  efficiency, and effectiveness.

31

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  1         (e)  Determination of the ratio of administrators to

  2  teachers in each school district.

  3         (f)  Compliance with the cost accounting and reporting

  4  requirements of s. 237.34 and the extent to which the

  5  percentage expenditure requirements therein are being met.

  6         (g)  Clearly defined data collection and documentation

  7  requirements, including specifications of which records and

  8  information need to be kept and how long the records need to

  9  be retained.  The information and documentation needs for

10  evaluation must be presented to the school districts and

11  explained well in advance of the actual audit date.

12         (h)  Determination of school district achievement in

13  meeting the performance standards specified in s. 232.2454.

14         (3)  ASSISTANCE AND ADJUSTMENTS.--If discrepancies or

15  deficiencies are found, the Superintendent of Public

16  Instruction Commissioner of Education must provide information

17  and assistance to the superintendent and personnel of the

18  district in correcting the cited deficiencies. Priority for

19  such assistance must be given to providing the most deficient

20  individual school programs with research-based problem

21  identification strategies and alternatives to improve student

22  performance.  Such alternatives must be systematically drawn

23  from research related to school effectiveness, teacher

24  effectiveness, or management effectiveness. If it is

25  determined that the approved criteria and procedures for the

26  placement of students and the conduct of programs have not

27  been followed by the district, appropriate adjustments in the

28  full-time equivalent student count for that district must be

29  made, and any excess funds must be deducted from subsequent

30  allocations of state funds to that district.  As provided for

31  by rule, if errors in a specific program of a district recur

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  1  in consecutive years due to lack of corrective action by the

  2  district, adjustments may be made based upon statistical

  3  estimates of error projected to the overall district program.

  4         Section 12.  Subsections (2), (3), (6), and (11) of

  5  section 229.57, Florida Statutes, are amended to read:

  6         229.57  Student assessment program.--

  7         (2)  NATIONAL EDUCATION COMPARISONS.--It is Florida's

  8  intent to participate in the measurement of national

  9  educational goals.  The Superintendent of Public Instruction

10  Commissioner of Education shall direct Florida school

11  districts to participate in the administration of the National

12  Assessment of Educational Progress, or a similar national

13  assessment program, both for the national sample and for any

14  state-by-state comparison programs which may be initiated.

15  Such assessments must be conducted using the data collection

16  procedures, the student surveys, the educator surveys, and

17  other instruments included in the National Assessment of

18  Educational Progress or a similar program.  The results of

19  these assessments shall be included in the annual report of

20  the Superintendent of Public Instruction Commissioner of

21  Education specified in this section. The administration of the

22  National Assessment of Educational Progress or a similar

23  program shall be in addition to and separate from the

24  administration of the statewide assessment program.

25         (3)  STATEWIDE ASSESSMENT PROGRAM.--The Superintendent

26  of Public Instruction commissioner shall design and implement

27  a statewide program of educational assessment that provides

28  information for the improvement of the operation and

29  management of the public schools, including schools operating

30  for the purpose of providing educational services to youth in

31  Department of Juvenile Justice programs. Pursuant to the

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  1  statewide assessment program, the Superintendent of Public

  2  Instruction commissioner shall:

  3         (a)  Submit to the State Board of Education a list that

  4  specifies student skills and competencies to which the goals

  5  for education specified in the state plan apply, including,

  6  but not limited to, reading, writing, science, and

  7  mathematics.  The skills and competencies must include

  8  problem-solving and higher-order skills as appropriate and

  9  shall be known as the Sunshine State Standards.  The

10  Superintendent of Public Instruction commissioner shall select

11  such skills and competencies after receiving recommendations

12  from educators, citizens, and members of the business

13  community.  The Superintendent of Public Instruction

14  commissioner shall submit to the State Board of Education

15  revisions to the list of student skills and competencies in

16  order to maintain continuous progress toward improvements in

17  student proficiency.

18         (b)  Develop and implement a uniform system of

19  indicators to describe the performance of public school

20  students and the characteristics of the public school

21  districts and the public schools.  These indicators must

22  include, without limitation, information gathered by the

23  comprehensive management information system created pursuant

24  to s. 229.555 and student achievement information obtained

25  pursuant to this section.

26         (c)  Develop and implement a student achievement

27  testing program as part of the statewide assessment program,

28  to be administered annually in grades 3 through 10 to measure

29  reading, writing, science, and mathematics. The testing

30  program must be designed so that:

31

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  1         1.  The tests measure student skills and competencies

  2  adopted by the State Board of Education as specified in

  3  paragraph (a).  The tests must measure and report student

  4  proficiency levels in reading, writing, and mathematics.

  5  Science proficiency must be measured statewide beginning in

  6  2003. Other content areas may be included as directed by the

  7  Superintendent of Public Instruction commissioner.  The

  8  Superintendent of Public Instruction commissioner shall

  9  provide for the tests to be developed or obtained, as

10  appropriate, through contracts and project agreements with

11  private vendors, public vendors, public agencies,

12  postsecondary institutions, or school districts.  The

13  Superintendent of Public Instruction commissioner shall obtain

14  input with respect to the design and implementation of the

15  testing program from state educators and the public.

16         2.  The tests are a combination of norm-referenced and

17  criterion-referenced and include, to the extent determined by

18  the Superintendent of Public Instruction commissioner, items

19  that require the student to produce information or perform

20  tasks in such a way that the skills and competencies he or she

21  uses can be measured.

22         3.  Each testing program, whether at the elementary,

23  middle, or high school level, includes a test of writing in

24  which students are required to produce writings which are then

25  scored by appropriate methods.

26         4.  A score is designated for each subject area tested,

27  below which score a student's performance is deemed

28  inadequate.  The school districts shall provide appropriate

29  remedial instruction to students who score below these levels.

30         5.  Except as provided in subparagraph 6., all 11th

31  grade students take a high school competency test developed by

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  1  the state board to test minimum student performance skills and

  2  competencies in reading, writing, and mathematics. The test

  3  must be based on the skills and competencies adopted by the

  4  State Board of Education pursuant to paragraph (a). Upon

  5  recommendation of the Superintendent of Public Instruction

  6  commissioner, the State Board of Education shall designate a

  7  passing score for each part of the high school competency

  8  test. In establishing passing scores, the state board shall

  9  consider any possible negative impact of the test on minority

10  students. The Superintendent of Public Instruction

11  commissioner may establish criteria whereby a student who

12  successfully demonstrates proficiency in either reading or

13  mathematics or both may be exempted from taking the

14  corresponding section of the high school competency test or

15  the college placement test.  A student must earn a passing

16  score or have been exempted from each part of the high school

17  competency test in order to qualify for a regular high school

18  diploma. The school districts shall provide appropriate

19  remedial instruction to students who do not pass part of the

20  competency test.

21         6.  Students who enroll in grade 9 in the fall of 1999

22  and thereafter must earn a passing score on the grade 10

23  assessment test described in this paragraph instead of the

24  high school competency test described in subparagraph 5. Such

25  students must earn a passing score in reading, writing, and

26  mathematics to qualify for a regular high school diploma. Upon

27  recommendation of the Superintendent of Public Instruction

28  commissioner, the State Board of Education shall designate a

29  passing score for each part of the grade 10 assessment test.

30  In establishing passing scores, the State Board of Education

31

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  1  shall consider any possible negative impact of the test on

  2  minority students.

  3         7.  Participation in the testing program is mandatory

  4  for all students, including students served in Department of

  5  Juvenile Justice programs, except as otherwise prescribed by

  6  the Superintendent of Public Instruction commissioner.  The

  7  Superintendent of Public Instruction commissioner shall

  8  recommend rules to the State Board of Education for the

  9  provision of test adaptations and modifications of procedures

10  as necessary for students in exceptional education programs

11  and for students who have limited English proficiency.

12         8.  A student seeking an adult high school diploma must

13  meet the same testing requirements that a regular high school

14  student must meet.

15         9.  School districts must provide instruction to

16  prepare students to demonstrate proficiency in the skills and

17  competencies necessary for successful grade-to-grade

18  progression and high school graduation. The Superintendent of

19  Public Instruction commissioner shall conduct studies as

20  necessary to verify that the required skills and competencies

21  are part of the district instructional programs.

22         10.  By January 1, 2000, The Department of Education

23  must develop, or select, and implement a common battery of

24  assessment tools which will be used in all juvenile justice

25  programs in the state. These tools must accurately reflect

26  criteria established in the Florida Sunshine State Standards.

27

28  The Superintendent of Public Instruction commissioner may

29  design and implement student testing programs for any grade

30  level and subject area, based on procedures designated by the

31

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  1  State Board of Education commissioner to monitor educational

  2  achievement in the state.

  3         (d)  Conduct ongoing research to develop improved

  4  methods of assessing student performance, including, without

  5  limitation, the use of technology to administer tests, the use

  6  of electronic transfer of data, the development of

  7  work-product assessments, and the development of process

  8  assessments.

  9         (e)  Conduct ongoing research and analysis of student

10  achievement data, including, without limitation, monitoring

11  trends in student achievement, identifying school programs

12  that are successful, and analyzing correlates of school

13  achievement.

14         (f)  Provide technical assistance to school districts

15  in the implementation of state and district testing programs

16  and the use of the data produced pursuant to such programs.

17         (6)  ANNUAL REPORTS.--The Superintendent of Public

18  Instruction commissioner shall prepare annual reports of the

19  results of the statewide assessment program which describe

20  student achievement in the state, each district, and each

21  school.  The Superintendent of Public Instruction commissioner

22  shall prescribe the design and content of these reports, which

23  must include, without limitation, descriptions of the

24  performance of all schools participating in the assessment

25  program and all of their major student populations as

26  determined by the Superintendent of Public Instruction

27  Commissioner of Education, and must also include the median

28  scores of all eligible students who scored at or in the lowest

29  25th percentile of the state in the previous school year;

30  provided, however, that the provisions of s. 228.093

31  pertaining to student records apply to this section. Until

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  1  such time as annual assessments prescribed in this section are

  2  fully implemented, annual reports shall include student

  3  performance data based on existing assessments.

  4         (11)  STATEWIDE ASSESSMENTS.--The Department of

  5  Education is authorized, subject to appropriation, to

  6  negotiate a multiyear contract for the development, field

  7  testing, and implementation of annual assessments of students

  8  in grades 3 through 10. Such assessments must comply with the

  9  following criteria:

10         (a)  Assessments for each grade level shall be capable

11  of measuring each student's mastery of the Sunshine State

12  Standards for that grade level and above.

13         (b)  Assessments shall be capable of measuring the

14  annual progress each student makes in mastering the Sunshine

15  State Standards.

16         (c)  Assessments shall include measures in reading and

17  mathematics in each grade level and must include writing and

18  science in grades 4, 8, and 10. Science assessment is to begin

19  statewide in 2003.

20         (d)  Assessments shall be designed to protect the

21  integrity of the data and prevent score inflation.

22         (e)  The statistical system shall use measures of

23  student learning, such as the FCAT, to determine teacher,

24  school, and school district statistical distributions, which

25  distributions:

26         1.  Shall be determined using available data from the

27  FCAT, and other data collection as deemed appropriate by the

28  Department of Education, to measure the differences in student

29  prior year achievement against the current year achievement or

30  lack thereof, such that the "effects" of instruction to a

31

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  1  student by a teacher, school, and school district may be

  2  estimated on a per-student and constant basis.

  3         2.  Shall, to the extent possible, be able to be

  4  expressed in linear scales such that the effects of ceiling

  5  and floor dispersions are minimized.

  6         (f)  The statistical system shall provide for an

  7  approach which provides for best linear unbiased prediction

  8  for the teacher, school, and school district effects on pupil

  9  progress.  These estimates should adequately be able to

10  determine effects of and compare teachers who teach multiple

11  subjects to the same groups of students, and team teaching

12  situations where teachers teach a single subject to multiple

13  groups of students, or other teaching situations as

14  appropriate.

15         1.  The department, in consultation with the Office of

16  Program Policy Analysis and Government Accountability, and

17  other sources as appropriate, shall use recognized approaches

18  to statistical variance and estimating random effects.

19         2.  The approach used by the department shall be

20  approved by the State Board of Education before implementation

21  for pupil progression assessment.

22         (g)  Assessments shall include a norm-referenced

23  subtest that allows for comparisons of Florida students with

24  the performance of students nationally.

25         (h)  The annual testing program shall be administered

26  to provide for valid statewide comparisons of learning gains

27  to be made for purposes of accountability and recognition.

28  Annual assessments that do not contain performance items shall

29  be administered no earlier than March of each school year,

30  with results being returned to schools prior to the end of the

31  academic year.  Subtests that contain performance items may be

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  1  given earlier than March, provided that the remaining subtests

  2  are sufficient to provide valid data on comparisons of student

  3  learning from year to year.  The time of administration shall

  4  be aligned such that a comparable amount of instructional time

  5  is measured in all school districts.  District school boards

  6  shall not establish school calendars that jeopardize or limit

  7  the valid testing and comparison of student learning gains.

  8         (i)  Assessments shall be implemented statewide no

  9  later than the spring of the 2000-2001 school year.

10         Section 13.  Paragraph (a) of subsection (1) of section

11  229.58, Florida Statutes, is amended to read:

12         229.58  District and school advisory councils.--

13         (1)  ESTABLISHMENT.--

14         (a)  The school board shall establish an advisory

15  council for each school in the district, and shall develop

16  procedures for the election and appointment of advisory

17  council members. Each school advisory council shall include in

18  its name the words "school advisory council." The school

19  advisory council shall be the sole body responsible for final

20  decisionmaking at the school relating to implementation of the

21  provisions of ss. 229.591, 229.592, and 230.23(16). A majority

22  of the members of each school advisory council must be persons

23  who are not employed by the school. Each advisory council

24  shall be composed of the principal and an appropriately

25  balanced number of teachers, education support employees,

26  students, parents, and other business and community citizens

27  who are representative of the ethnic, racial, and economic

28  community served by the school.  Vocational-technical center

29  and high school advisory councils shall include students, and

30  middle and junior high school advisory councils may include

31  students.  School advisory councils of vocational-technical

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  1  and adult education centers are not required to include

  2  parents as members.  Council members representing teachers,

  3  education support employees, students, and parents shall be

  4  elected by their respective peer groups at the school in a

  5  fair and equitable manner as follows:

  6         1.  Teachers shall be elected by teachers.

  7         2.  Education support employees shall be elected by

  8  education support employees.

  9         3.  Students shall be elected by students.

10         4.  Parents shall be elected by parents.

11

12  The school board shall establish procedures for use by schools

13  in selecting business and community members. Such procedures

14  shall include means of ensuring wide notice of vacancies and

15  for taking input on possible members from local business,

16  chambers of commerce, community and civic organizations and

17  groups, and the public at large. The school board shall review

18  the membership composition of each advisory council.  Should

19  the school board determine that the membership elected by the

20  school is not representative of the ethnic, racial, and

21  economic community served by the school, the board shall

22  appoint additional members to achieve proper representation.

23  The Superintendent of Public Instruction Commissioner of

24  Education shall determine whether if schools have maximized

25  their efforts to include on their advisory councils minority

26  persons and persons of lower socioeconomic status. Although

27  schools should be strongly encouraged to establish school

28  advisory councils, any school district that has a student

29  population of 10,000 or fewer may establish a district

30  advisory council which shall include at least one duly elected

31  teacher from each school in the district.  For the purposes of

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  1  school advisory councils and district advisory councils, the

  2  term "teacher" shall include classroom teachers, certified

  3  student services personnel, and media specialists.  For

  4  purposes of this paragraph, "education support employee" means

  5  any person employed by a school who is not defined as

  6  instructional or administrative personnel pursuant to s.

  7  228.041 and whose duties require 20 or more hours in each

  8  normal working week.

  9         Section 14.  Section 229.59, Florida Statutes, is

10  amended to read:

11         229.59  Educational improvement projects.--

12         (1)  Pursuant to rules adopted by the State Board

13  Commissioner of Education, each district school board, or each

14  principal through the district school board, may submit to the

15  State Board of Education commissioner for approval a proposal

16  for implementing an educational improvement project.  Such

17  proposals shall be developed with the assistance of district

18  and school advisory councils and may address any or all of the

19  following areas:

20         (a)  The improvement of school management;

21         (b)  The improvement of the district and school

22  advisory councils;

23         (c)  School volunteers;

24         (d)  The professional development of teachers;

25         (e)  The restructuring of educational programs to meet

26  the needs of diverse students; and

27         (f)  Global awareness.

28

29  Such projects may also address any other educational area

30  which would be improved through the encouragement of closer

31  working relationships among the school principal, the

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  1  teachers, and the parents and other members of the community.

  2  Priority shall be given to proposals which provide for the

  3  inclusion of existing resources, such as district educational

  4  training funds, in the implementation of an educational

  5  improvement project.

  6         (2)  For each project approved, the State Board of

  7  Education commissioner shall authorize distribution of a grant

  8  from funds available to the Department of Education for

  9  educational improvements projects. Promising innovations

10  resulting from the implementation of such projects shall be

11  disseminated through publications, training programs, and

12  conferences.  Projects that are determined to be exceptional

13  and innovative by the department may be further used as

14  demonstration and training models for other projects.  The

15  Department of Education shall initiate field-based research to

16  assess the impact of education improvement efforts.

17         Section 15.  Subsection (1) of section 229.591, Florida

18  Statutes, is amended to read:

19         229.591  Comprehensive revision of Florida's system of

20  school improvement and education accountability.--

21         (1)  INTENT.--The Legislature recognizes that the

22  children and youth of the state are its future and its most

23  precious resource.  To provide these developing citizens with

24  the sound education needed to grow to a satisfying and

25  productive adulthood, the Legislature intends that Florida

26  establish a system of school improvement and education

27  accountability based on the performance of students and

28  educational programs. The intent of the Legislature is to

29  provide clear guidelines for achieving this purpose and for

30  returning the responsibility for education to those closest to

31  the students, their schools, teachers, and parents.  The

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  1  Legislature recognizes, however, its ultimate responsibility

  2  and that of the Governor, the Commissioner of Education, and

  3  the State Board of Education and other state policymaking

  4  bodies in providing the strong leadership needed to forge a

  5  new concept of school improvement and in making adequate

  6  provision by law for a uniform, efficient, safe, secure, and

  7  high-quality system of free public schools as required by s.

  8  1, Art. IX of the State Constitution. It is further the intent

  9  of the Legislature to build upon the foundation established by

10  the Educational Accountability Act of 1976 and to implement a

11  program of education accountability and school improvement

12  based upon the achievement of state goals, recognizing the

13  State Board of Education as the body corporate responsible for

14  the supervision of the system of public education, the

15  district school board as responsible for school and student

16  performance, and the individual school as the unit for

17  education accountability.

18         Section 16.  Subsections (1), (2), (3), (5), (6), (8),

19  and (9) of section 229.592, Florida Statutes, are amended to

20  read:

21         229.592  Implementation of state system of school

22  improvement and education accountability.--

23         (1)  DEVELOPMENT.--It is the intent of the Legislature

24  that every public school in the state, including schools

25  operating for the purpose of providing educational services to

26  youth in Department of Juvenile Justice programs, shall have a

27  school improvement plan, as required by s. 230.23(16).

28  Vocational standards considered pursuant to s. 239.229 shall

29  be incorporated into the school improvement plan for each area

30  technical center operated by a school board, and area

31  technical centers shall prepare school report cards

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  1  incorporating such standards, pursuant to s. 230.23(16).  In

  2  order to accomplish this, the Superintendent of Public

  3  Instruction Commissioner of Education and the school districts

  4  and schools shall carry out the duties assigned to them by s.

  5  230.23(16).

  6         (2)  STATE BOARD OF EDUCATION COMMISSIONER.--The State

  7  Board of Education commissioner shall be responsible for

  8  implementing and maintaining a system of intensive school

  9  improvement and stringent education accountability, which

10  shall include policies and programs to implement the

11  following:

12         (a)  A system of data collection and analysis that will

13  improve information about the educational success of

14  individual students and schools, including schools operating

15  for the purpose of providing educational services to youth in

16  Department of Juvenile Justice programs. The information and

17  analyses must be capable of identifying educational programs

18  or activities in need of improvement, and reports prepared

19  pursuant to this paragraph shall be distributed to the

20  appropriate school boards prior to distribution to the general

21  public.  This provision shall not preclude access to public

22  records as provided in chapter 119.

23         (b)  A program of school improvement that will analyze

24  information to identify schools, including schools operating

25  for the purpose of providing educational services to youth in

26  Department of Juvenile Justice programs, educational programs,

27  or educational activities in need of improvement.

28         (c)  A method of delivering services to assist school

29  districts and schools to improve, including schools operating

30  for the purpose of providing educational services to youth in

31  Department of Juvenile Justice programs.

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  1         (d)  A method of coordinating with the state

  2  educational goals and school improvement plans any other state

  3  program that creates incentives for school improvement.

  4         (3)  The Superintendent of Public Instruction

  5  commissioner shall be held responsible for the implementation

  6  and maintenance of the system of school improvement and

  7  education accountability outlined in this section.  There

  8  shall be an annual determination of whether adequate progress

  9  is being made toward implementing and maintaining a system of

10  school improvement and education accountability.

11         (5)  The Superintendent of Public Instruction

12  commissioner shall review each school board's feedback report

13  and submit findings to the State Board of Education.  If

14  adequate progress is not being made toward implementing and

15  maintaining a system of school improvement and education

16  accountability, the State Board of Education shall direct the

17  Superintendent of Public Instruction commissioner to prepare

18  and implement a corrective action plan. The Superintendent of

19  Public Instruction commissioner and State Board of Education

20  shall monitor the development and implementation of the

21  corrective action plan.

22         (6)  The State Board of Education commissioner shall

23  report to the Legislature and recommend changes in state

24  policy necessary to foster school improvement and education

25  accountability. Included in the report shall be a list of the

26  schools, including schools operating for the purpose of

27  providing educational services to youth in Department of

28  Juvenile Justice programs, for which school boards have

29  developed assistance and intervention plans and an analysis of

30  the various strategies used by the school boards. School

31  reports shall be distributed pursuant to this subsection and

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  1  s. 230.23(16)(e) according to guidelines adopted by the State

  2  Board of Education.

  3         (8)  STATE BOARD OF EDUCATION.--The State Board of

  4  Education shall adopt rules pursuant to ss. 120.536(1) and

  5  120.54 to implement a state system of school improvement and

  6  education accountability and shall specify required annual

  7  reports by schools and school districts.

  8         (9)  EXCEPTIONS TO RULES LAW.--To facilitate innovative

  9  practices and to allow local selection of educational methods,

10  the State Board of Education commissioner may waive, upon the

11  request of a school board, rules adopted pursuant to the

12  requirements of chapters 230 through 239 of the Florida School

13  Code that relate to instruction and school operations, except

14  those pertaining to civil rights, and student health, safety,

15  and welfare. The State Board Commissioner of Education is not

16  authorized to grant rule waivers for any provisions of law

17  pertaining to the allocation and appropriation of state and

18  local funds for public education; the election, compensation,

19  and organization of school board members and superintendents;

20  graduation and state accountability standards; financial

21  reporting requirements; reporting of out-of-field teaching

22  assignments under s. 231.095; public meetings; public records;

23  or due process hearings governed by chapter 120. Prior to

24  approval, the State Board of Education commissioner shall

25  report pending waiver requests to the Governor state board on

26  a monthly basis, and shall, upon request of any state board

27  member, bring a waiver request to the state board for

28  consideration. If, within 2 weeks of receiving the report, no

29  member requests that a waiver be considered by the state

30  board, the commissioner may act on the original waiver

31  request. No later than January 1 of each year, the State Board

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  1  of Education commissioner shall report to the President and

  2  Minority Leader of the Senate and the Speaker and Minority

  3  Leader of the House of Representatives all approved waiver

  4  requests in the preceding year.

  5         (a)  Graduation requirements in s. 232.246 must be met

  6  by demonstrating performance of intended outcomes for any

  7  course in the Course Code Directory unless a waiver is

  8  approved by the State Board of Education commissioner. In

  9  developing procedures for awarding credits based on

10  performance outcomes, districts may request waivers from State

11  Board of Education rules relating to curriculum frameworks and

12  credits for courses and programs in the Course Code Directory.

13  Credit awarded for a course or program beyond that allowed by

14  the Course Code Directory counts as credit for electives. Upon

15  request by any school district, the State Board of Education

16  commissioner shall evaluate and establish procedures for

17  variations in academic credits awarded toward graduation by a

18  high school offering six periods per day compared to those

19  awarded by high schools operating on other schedules.

20         1.  A school board may originate a request for waiver

21  and submit the request to the State Board of Education

22  commissioner if such a waiver is required to implement

23  districtwide improvements.

24         2.  A school board may submit a request to the State

25  Board of Education commissioner for a waiver if such request

26  is presented to the school board by a school advisory council

27  established pursuant to s. 229.58 and if such a waiver is

28  required to implement a school improvement plan required by s.

29  230.23(16). The school board shall report annually to the

30  State Board of Education Commissioner of Education, in

31  conjunction with the feedback report required pursuant to this

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  1  section, the number of waivers requested by school advisory

  2  councils, the number of such waiver requests approved and

  3  submitted to the State Board of Education commissioner, and

  4  the number of such waiver requests not approved and not

  5  submitted to the State Board of Education commissioner. For

  6  each waiver request not approved, the school board shall

  7  report the statute or rule for which the waiver was requested,

  8  the rationale for the school advisory council request, and the

  9  reason the request was not approved.

10         3.  When approved by the State Board of Education

11  commissioner, a waiver requested under this paragraph is

12  effective for a 5-year period.

13         (b)  Notwithstanding the provisions of chapter 120 and

14  for the purpose of implementing this subsection, the

15  commissioner may waive State Board of Education rules if the

16  school board has submitted a written request to the

17  commissioner for approval pursuant to this subsection.

18         (b)(c)  The written request for waiver of statute or

19  rule must indicate at least how granting the waiver will

20  assist schools in improving student outcomes related to the

21  student performance standards adopted by the state board, and

22  how student improvement will be evaluated and reported. The

23  State Board of Education commissioner shall not grant any

24  waiver that would impair the protection of the health, safety,

25  welfare, or civil rights of the students or the protection of

26  the public interest.

27         (c)(d)  Upon denying a request for a waiver, the State

28  Board of Education commissioner must state with particularity

29  the grounds or basis for the denial. The State Board of

30  Education commissioner shall report the specific statutes and

31  rules for which waivers are requested and the number and

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  1  disposition of such requests to the Legislature and the

  2  Governor State Board of Education for use in determining which

  3  statutes and rules stand in the way of school improvement.

  4         (d)(e)1.  Schools designated in performance grade

  5  category "A," making excellent progress, shall, if requested

  6  by the school, be given deregulated status as specified in s.

  7  228.0565(5), (7), (8), (9), and (10).

  8         2.  Schools that have improved at least two performance

  9  grade categories and that meet the criteria of the Florida

10  School Recognition Program pursuant to s. 231.2905 may be

11  given deregulated status as specified in s. 228.0565(5), (7),

12  (8), (9), and (10).

13         Section 17.  Subsection (5) of section 229.595, Florida

14  Statutes, is amended to read:

15         229.595  Implementation of state system of education

16  accountability for school-to-work transition.--

17         (5)  Prior to each student's graduation from high

18  school, the school shall assess the student's preparation to

19  enter the workforce and provide the student and the student's

20  parent or guardian with the results of such assessment. The

21  State Board of Education Commissioner of Education shall

22  identify the employability skills associated with successful

23  entry into the workforce from which such items shall be

24  derived.

25         Section 18.  Subsection (2) of section 229.601, Florida

26  Statutes, is amended to read:

27         229.601  Career education program.--

28         (2)  There is hereby established a career education

29  program in the state educational system.  The State Board

30  Commissioner of Education and his or her designated staff

31  shall administer this program. In developing and administering

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  1  the career education program, the purpose of which is to

  2  promote positive career opportunities for all students

  3  regardless of their race, color, creed, national origin,

  4  ancestry, socioeconomic status, or gender, the State Board of

  5  Education commissioner shall:

  6         (a)  Coordinate the efforts of the various disciplines

  7  or programs within the educational system, from kindergarten

  8  through postsecondary levels, and coordinate and articulate

  9  the activities of the various divisions of the Department of

10  Education that are concerned with career education.

11         (b)  Assemble, develop, and distribute instructional

12  materials for use in career education. Such materials shall

13  include information regarding recommended high school

14  coursework that prepares students for success in college-level

15  coursework.

16         (c)  Develop programs for preservice and inservice

17  training for the purpose of infusing career education concepts

18  into the basic curricula of public schools and core curricula

19  of community colleges and state universities and programs for

20  preservice and inservice training for counselors and

21  occupational and placement specialists to assist in career

22  counseling and placement and followup activities.

23         (d)  Coordinate and assist the efforts of business and

24  industry, community-based organizations, and governmental

25  agencies that are concerned with education and work.

26         (e)  Integrate career education in the general

27  curricula of all public school grades and postsecondary

28  education levels, directing special efforts toward defining

29  high-technology needs and incorporating these needs into the

30  career planning process.

31

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  1         Section 19.  Subsections (3), (4), (6), (7), and (9) of

  2  section 229.602, Florida Statutes, are amended to read:

  3         229.602  Florida private sector and education

  4  partnerships.--

  5         (3)  The State Board Commissioner of Education shall

  6  designate an office within the Department of Education to

  7  encourage and enhance partnerships between education and the

  8  private sector, to function as a clearinghouse for material

  9  dissemination, and to provide training and consultation to

10  school districts as appropriate.  The duties of the office

11  shall include, but not be limited to, the following:

12         (a)  Developing recommendations for establishing

13  private sector and education partnerships and for the

14  distribution of funds to local districts for partnership

15  activities.

16         (b)  Evaluating grant proposals and making

17  recommendations to the commissioner for distribution of funds

18  to local districts with priority given to partnership

19  activities which involve teacher development strategies, high

20  school completion programs for students identified as at-risk,

21  telecommunications, senior citizen involvement, rural

22  districts with financial needs, new innovative programs, and

23  other priority programs deemed appropriate.

24         (c)  Developing recommendations for soliciting and

25  utilizing funds of the state direct-support organization as

26  defined in s. 229.8021.

27         (d)  Expanding the network for exchange of expertise

28  and information about private sector and education

29  partnerships throughout the state.

30

31

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  1         (e)  Providing technical assistance and workshops to

  2  facilitate the exchange of information and expertise about

  3  partnership programs.

  4         (f)  Establishing a method of measuring the impact of

  5  private sector and education partnerships on improving the

  6  quality of education.

  7         (g)  Establishing appropriate award systems to

  8  recognize business for its contribution to improving

  9  education.

10         (h)  Identifying exemplary materials and models to be

11  disseminated to local school districts.

12         (4)  The State Board of Education Beginning January 1,

13  1989, the commissioner shall make an annual report to the

14  Legislature within 60 days prior to the beginning of the

15  regular legislative session.  The report shall include:

16         (a)  A summary of the status of private sector and

17  education partnership programs including the Florida public

18  schools challenge grants program and other grant programs.

19         (b)  Recommendations to improve the efficiency and

20  promote the growth of private sector and education

21  partnerships.

22         (6)(a)  The State Board Commissioner of Education shall

23  authorize Florida public schools challenge grants to school

24  districts.  These funds shall be distributed by the

25  commissioner on a fair and equitable basis. Eighty percent of

26  the available funds shall be applied to projects in which

27  matching funding support is provided by foundations or the

28  private sector.  The State Board commissioner may include

29  documented market value of private sector services in awarding

30  challenge grants.  The remaining 20 percent of available funds

31  may be granted directly to school districts based on local

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  1  need and limited private sector resources.  Funding matches

  2  shall be conducted with a ratio of 60 percent provided by the

  3  private sector and 40 percent provided by the state. Submitted

  4  proposals shall indicate the agencies involved in the

  5  partnership agreement, an outline of activities to be

  6  undertaken, the procedures for joint planning and

  7  coordination, a budget request explaining the proposed

  8  expenditure of funds, the outcomes and advantages expected

  9  from the funded activities, and a provision for reporting the

10  results at a regional or state conference held at the

11  conclusion of the project.  Grant proposals shall be signed by

12  representatives of the agencies involved in the partnership

13  agreement.  The State Board of Education, in consultation with

14  the department, shall adopt a simple format to facilitate

15  grant proposal applications.

16         (b)  Florida public schools challenge grants shall be

17  awarded for, but not limited to, the following types of

18  programs:

19         1.  Dropout prevention and alcohol and substance abuse

20  prevention.

21         2.  Preservice and inservice training of teachers,

22  administrators, and other school personnel.

23         3.  Teacher internships or sabbaticals in the private

24  sector.

25         4.  Joint community/school long-range planning.

26         5.  Tutoring and mentoring of students.

27         6.  Career education.

28         7.  Student or teacher incentive and motivational

29  programs.

30         8.  Community/school resource development.

31         9.  Physical plant and workplace enhancement.

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  1         10.  Community/school public relations and

  2  communication.

  3         11.  Private sector/education coordinating activities

  4  to facilitate the further establishment of partnerships.

  5         12.  Management training which would involve both

  6  school and private sector managers.

  7         13.  Programs which bring business volunteers into the

  8  classroom.

  9         (7)(a)  The Florida compact pilot program is hereby

10  established with the intent to provide incentives for local

11  school districts to establish formal agreements with business,

12  industry, vocational programs, postsecondary institutions of

13  higher education, government, and other community resources in

14  an effort to reduce the rate of school dropouts, to provide

15  jobs for high school graduates, and to increase opportunities

16  for high school graduates to attend vocational programs and

17  other postsecondary institutions of higher education.

18         (b)  The State Board Commissioner of Education is

19  authorized to select at least three school districts or

20  consortia of districts to participate in a 5-year pilot

21  program to foster improved interagency collaboration among

22  those who educate, work with, and employ young people.  Such

23  program shall be implemented beginning with the 1987-1988

24  school year.  Evidence of collaboration shall take the form of

25  a written agreement, or compact, that is the result of a

26  formal strategic planning model and specifically defined

27  linkages.

28

29  The compact shall include commitments, stated as goals which

30  are accompanied by operational strategies, from business,

31  community, government, and schools for comprehensive efforts

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  1  including, but not limited to, activities for raising student

  2  achievement and reducing school dropouts and youth

  3  unemployment.

  4         (c)  Each school district or consortium of districts

  5  may apply to participate in this pilot program on forms

  6  prescribed by the department. Factors to be considered in

  7  selection of the pilot sites shall include, but not be limited

  8  to, the following:

  9         1.  Dropout rate and youth unemployment rate within the

10  district or districts.  Those districts with high rates of

11  school dropout and youth unemployment shall have priority in

12  the selection process.

13         2.  Socioeconomic demographics of the school district

14  or districts. The districts selected shall reflect a broad

15  cross section of economic, social, and ethnic backgrounds.

16         3.  Commitment and involvement of private sector and

17  education entities.  Evidence of involvement from a wide

18  variety of business, community, government, and school groups

19  shall be submitted.  Such evidence may include signed

20  agreements and pledges of matching funds.  Commitment to build

21  and sustain the compact throughout the 5-year pilot period

22  shall be demonstrated.

23         4.  The potential effectiveness of the planning model

24  and the procedures for joint goal setting and coordination.  A

25  comprehensive planning model shall be developed which shall

26  reflect well-defined, quantifiable goals of school

27  effectiveness, including, but not limited to, raising student

28  achievement and reducing school dropouts and youth

29  unemployment. This planning model shall include provisions for

30  the ongoing review and monitoring of compact goals and

31  activities through the use of advisory councils, the

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  1  designation of persons for coordination of compact pursuits,

  2  and other such mechanisms.

  3         5.  Ability to evaluate and disseminate results.  Plans

  4  shall be submitted for thorough evaluation of all activities

  5  and documentation of results in raising student achievement

  6  and reducing school dropouts and youth unemployment and for

  7  dissemination of the model to other school districts.

  8         (d)  From the district or consortium proposals

  9  received, the commissioner shall approve at least three

10  proposals for participation in the program.  In order to

11  promote diversity and maximum potential for replication, one

12  proposal shall be approved from districts with up to 5,000

13  students, one from districts with 5,001 to 25,000 students,

14  and one from districts with over 25,000 students.  At least

15  one proposal shall represent a rural community.

16         (e)  Each participating district or consortium shall

17  submit annual reports of progress and evidence of

18  effectiveness to the commissioner who shall review each pilot

19  project individually and make recommendations to the

20  Legislature for annual funding.  At the end of the 5-year

21  period each district shall submit a final report of all

22  activities and evidence of effectiveness to both the

23  commissioner and the Legislature.

24         (9)(a)  There is created the Mathematics and Science

25  Partnership Program. Funds appropriated for this program shall

26  be distributed by the Department Commissioner of Education to

27  the state's elementary, middle, and junior high schools and

28  developmental research schools on the basis of proposals

29  submitted for projects that include matching fund partnerships

30  with foundations or private sector individuals or agencies.

31

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  1  The ratio of matching funds for each project shall be 60

  2  percent from private sources and 40 percent from state funds.

  3         (b)  Project proposals must include the following:

  4         1.  Identification of the school and the private entity

  5  to be involved in the partnership agreement;

  6         2.  An outline of the proposed project activities;

  7         3.  Procedures for joint planning and coordination by

  8  partnership participants;

  9         4.  A budget request describing the proposed

10  expenditure of funds;

11         5.  A description of the anticipated project outcomes;

12         6.  Procedures for assessing the success of the project

13  in achieving stated objectives;

14         7.  Provision for reporting project results to the

15  Department of Education and at a regional or state conference

16  of program participants;

17         8.  A description of how the project implements the

18  Comprehensive Plan for Mathematics, Science, and Computer

19  Education.

20         (c)  Project proposals must be signed by

21  representatives of the parties involved in the partnership

22  agreement.

23         (d)  The State Board of Education shall adopt forms for

24  proposal applications.

25         (e)  Proposals shall be funded based on the merit of

26  proposals submitted, as determined by the commissioner, to the

27  extent of the state funds appropriated for this purpose.

28         (f)  Mathematics and Science Partnership Program grants

29  shall be used to encourage initiatives from elementary and

30  middle school teachers for teaching mathematics, science, and

31  computer skills through programs which:

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  1         1.  Allocate resources for the materials necessary to

  2  implement the curricular goals of the comprehensive plan; and

  3         2.  Develop and implement alternative classroom and

  4  laboratory designs that enhance and encourage active learning

  5  and laboratory learning in mathematics, science, and computer

  6  education.

  7         Section 20.  Section 229.603, Florida Statutes, is

  8  amended to read:

  9         229.603  Instructional Technology Grant Program.--There

10  is created the Instructional Technology Grant Program.

11         (1)  GRANT FUNDING.--

12         (a)  Eighty percent of the funds appropriated for this

13  program shall be distributed by the State Board Commissioner

14  of Education to the state's school districts on the basis of

15  proposals submitted for implementing instructional technology.

16  These funds may be used to replicate existing instructional

17  technology programs.  At least 10 percent of these funds shall

18  be used for teacher and other related training.

19         (b)  At least 10 percent of the funds appropriated for

20  this program shall be used to fund research and development

21  and codevelopment of new instructional technologies and their

22  implementation in the classroom.

23         (c)  Up to 10 percent of the funds appropriated for

24  this program shall be used to fund new or innovative use of

25  instructional technology or use of new instructional

26  technology.

27         (2)  GRANT ADMINISTRATION.--

28         (a)  Project proposals must include the following:

29         1.  An outline of the proposed project activities and

30  project budget.

31

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  1         2.  A description of how the proposed project will

  2  integrate instructional technology with regular classroom

  3  teaching.

  4         3.  A description of how the project incorporates

  5  state-of-the-art instructional technology which utilizes

  6  advanced integrated learning systems technology and other

  7  newly developed systems geared to hands-on learning and to

  8  developing higher order thinking skills, including

  9  problem-solving skills, understanding of abstract concepts,

10  and high-level critical thinking and applied learning skills.

11         4.  A description of how the project will affect and be

12  incorporated into the overall implementation of instructional

13  technology in the school district over the next 5 years.

14         5.  A description of the anticipated project results

15  and procedures for assessing the success of the project.

16         (b)  During fiscal year 1990-1991, preference for grant

17  approval shall be given to projects which are dedicated to

18  elementary school implementation and which utilize advanced

19  technology to incorporate self-paced learning.

20         (c)  Preference for grant approval shall be given to

21  districts which maximize their match of the grant request with

22  district funds and private sector contributions.

23         (d)  The Department of Education shall adopt forms for

24  proposal applications.

25         (e)  Proposals shall be recommended to the State Board

26  of Education commissioner by a nine-member grant review panel

27  appointed by the State Board of Education commissioner. The

28  panel shall consist of two teachers, two district

29  administrators, two business people, a school administrator,

30  and two additional members selected at the State Board of

31  Education's commissioner's discretion.

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  1         (f)  A portion of the grant funds utilized by the State

  2  Board of Education commissioner under paragraph (1)(c) may be

  3  utilized to:

  4         1.  Administer the program.

  5         2.  Fund development and codevelopment activities.

  6         3.  Establish a clearinghouse to identify, evaluate,

  7  and disseminate information regarding developments in the

  8  private and public sectors of instructional technology,

  9  including both software and hardware.

10         4.  Disseminate information regarding successful

11  state-of-the-art systems, including an annual catalog of

12  exemplary projects and products.

13         (g)  The department shall assist grant recipients in

14  using state central-purchasing resources to maximize cost

15  advantages and shall, where necessary, provide districts with

16  technical assistance for needs assessment and grant

17  preparation.

18         (3)  REPORTS.--Beginning January 1, 1991, The State

19  Board of Education commissioner shall make an annual report to

20  the Legislature within 60 days prior to the beginning of the

21  regular legislative session. The report shall include:

22         (a)  A summary of the status of the Instructional

23  Technology Grant Program.

24         (b)  Recommendations to improve the efficiency and

25  promote the utilization of instructional technology.

26         Section 21.  Sections 229.75 and 229.76, Florida

27  Statutes, are repealed.

28         Section 22.  Subsection (3) of s. 229.8021, Florida

29  Statutes, is amended to read:

30         229.8021  Direct-support organization; use of property;

31  board of directors; audit.--

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  1         (3)  BOARD OF DIRECTORS.--The board of directors of the

  2  Department of Education direct-support organization shall be

  3  appointed by the State Board Commissioner of Education and

  4  shall include representation from business, industry, and

  5  other components of Florida's economy.

  6         Section 23.  Subsections (3) and (5) of section

  7  229.805, Florida Statutes, are amended to read:

  8         229.805  Educational television.--

  9         (3)  POWERS OF DEPARTMENT OF EDUCATION.--

10         (a)  The Department of Education is authorized to

11  encourage:

12         1.  The extension of educational television network

13  facilities;

14         2.  The coordination of Florida's educational

15  television with that of other states and with the Federal

16  Government; and

17         3.  The further development of educational television

18  within the state.

19         (b)  The department shall provide through educational

20  television and other electronic media a means of extending

21  educational services to all the state system of public

22  education, except the State University System as defined in s.

23  240.2011, which provision by the department shall be limited

24  by paragraph (c) and by s. 229.8051(1). The department shall

25  recommend to the Commissioner of Education rules and

26  regulations necessary to provide such services.

27         (c)  The department is authorized to provide equipment,

28  funds, and other services to extend and update both the

29  existing and the proposed educational television and radio

30  systems of tax-supported and nonprofit, corporate-owned

31  facilities.  All stations funded must be qualified by the

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  1  Corporation for Public Broadcasting.  New stations eligible

  2  for funding shall provide a first service to an audience that

  3  is not currently receiving a broadcast signal or provide a

  4  significant new program service as defined by rule

  5  Commissioner of Education rules.  Funds appropriated to the

  6  department for educational television and funds appropriated

  7  to the department for educational radio may be used by the

  8  department for either educational television or educational

  9  radio, or for both.

10         (5)  DUTY OF DEPARTMENT OF EDUCATION.--The Department

11  of Education is responsible for identifying the needs of the

12  state system of public education as they relate to the

13  development and production of materials used in instruction.

14  When such identified needs are considered to be best satisfied

15  by the production of new materials, the department may

16  commission or contract for the production of such materials.

17  The State Board Commissioner of Education shall adopt and

18  prescribe rules and regulations for the proper enforcement and

19  carrying out of these provisions.

20         Section 24.  Subsections (1) and (3) of section

21  229.8051, Florida Statutes, are amended to read:

22         229.8051  Public broadcasting program system.--

23         (1)  There is created a public broadcasting program

24  system for the state.  The Department of Education shall

25  administer this program system pursuant to policies adopted by

26  the State Board Commissioner of Education. This program system

27  must complement and share resources with the instructional

28  programming service of the Department of Education and

29  educational UHF, VHF, ITFS, and FM stations in the state.  The

30  program system must include:

31

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  1         (a)  Support for existing Corporation for Public

  2  Broadcasting qualified program system educational radio and

  3  television stations and new stations meeting Corporation for

  4  Public Broadcasting qualifications and providing a first

  5  service to an audience that does not currently receive a

  6  broadcast signal or providing a significant new program

  7  service as defined by rule by the Commissioner of Education.

  8         (b)  Maintenance of quality broadcast capability for

  9  educational stations that are part of the program system.

10         (c)  Interconnection of all educational stations that

11  are part of the program system for simultaneous broadcast and

12  of such stations with all universities and other institutions

13  as necessary for sharing of resources and delivery of

14  programming.

15         (d)  Establishment and maintenance of a capability for

16  statewide program distribution with facilities and staff,

17  provided such facilities and staff complement and strengthen

18  existing or future educational television and radio stations

19  in accordance with paragraph (a) and s. 229.805(3)(c).

20         (e)  Provision of both statewide programming funds and

21  station programming support for educational television and

22  educational radio to meet statewide priorities. Priorities for

23  station programming need not be the same as priorities for

24  programming to be used statewide.  Station programming may

25  include, but shall not be limited to, citizens' participation

26  programs, music and fine arts programs, coverage of public

27  hearings and governmental meetings, equal air time for

28  political candidates, and other public interest programming.

29         (3)  The State Board Commissioner of Education shall

30  adopt rules for the proper enforcement and carrying out of

31  these provisions.

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  1         Section 25.  Subsections (1), (3), (5), and (6) of

  2  section 240.115, Florida Statutes, are amended to read:

  3         240.115  Articulation agreement; acceleration

  4  mechanisms.--

  5         (1)(a)  Articulation between secondary and

  6  postsecondary education; admission of associate in arts degree

  7  graduates from Florida community colleges and state

  8  universities; admission of applied technology diploma program

  9  graduates from public community colleges or technical centers;

10  admission of associate in science degree and associate in

11  applied science degree graduates from Florida community

12  colleges; the use of acceleration mechanisms, including

13  nationally standardized examinations through which students

14  may earn credit; general education requirements and common

15  course code numbers as provided for in s. 229.551(1); and

16  articulation among programs in nursing shall be governed by

17  the articulation agreement, as established by the Department

18  of Education. The articulation agreement must specifically

19  provide that every associate in arts graduate of a Florida

20  community college shall have met all general education

21  requirements and must be granted admission to the upper

22  division of a state university except to a limited access or

23  teacher certification program or a major program requiring an

24  audition.  After admission has been granted to students under

25  provisions of this section and to university students who have

26  successfully completed 60 credit hours of coursework,

27  including 36 hours of general education, and met the

28  requirements of s. 240.107, admission shall be granted to

29  State University System and Florida community college students

30  who have successfully completed 60 credit hours of work,

31  including 36 hours of general education.  Community college

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  1  associate in arts graduates shall receive priority for

  2  admission to a state university over out-of-state students.

  3  Orientation programs and student handbooks provided to

  4  freshman enrollees and transfer students at state universities

  5  must include an explanation of this provision of the

  6  articulation agreement.

  7         (b)  Any student who transfers among postsecondary

  8  institutions that are fully accredited by a regional or

  9  national accrediting agency recognized by the United States

10  Department of Education and that participate in the common

11  course designation and numbering system shall be awarded

12  credit by the receiving institution for courses satisfactorily

13  completed by the student at the previous institutions. Credit

14  shall be awarded if the courses are judged by the appropriate

15  common course designation and numbering system faculty task

16  force representing school districts, community colleges,

17  public universities, and participating nonpublic postsecondary

18  education institutions to be academically equivalent to

19  courses offered at the receiving institution, including

20  equivalency of faculty credentials, regardless of the public

21  or nonpublic control of the previous institution. The

22  Department of Education shall ensure that credits to be

23  accepted by a receiving institution are generated in courses

24  for which the faculty possess credentials that are comparable

25  to those required by the accrediting association of the

26  receiving institution.  The award of credit may be limited to

27  courses that are entered in the common course designation and

28  numbering system. Credits awarded pursuant to this subsection

29  shall satisfy institutional requirements on the same basis as

30  credits awarded to native students.

31

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  1         (c)  The articulation agreement must guarantee the

  2  statewide articulation of appropriate workforce development

  3  programs and courses between school districts and community

  4  colleges and specifically provide that every applied

  5  technology diploma graduate must be granted the same amount of

  6  credit upon admission to an associate in science degree or

  7  associate in applied science degree program unless it is a

  8  limited access program. Preference for admission must be given

  9  to graduates who are residents of Florida.

10         (d)  By fall semester 1998, The articulation agreement

11  must guarantee the statewide articulation of appropriate

12  courses within associate in science degree programs to

13  baccalaureate degree programs, according to standards

14  established by the Articulation Coordinating Committee after

15  consultation with the Division of Universities Board of

16  Regents and the Division State Board of Community Colleges.

17  Courses within an associate in applied science degree program

18  may articulate into a baccalaureate degree program on an

19  individual or block basis as authorized in local

20  interinstitutional articulation agreements.

21         (e)  The Superintendent of Public Instruction

22  Commissioner of Education, in conjunction with the Florida

23  Partnership for School Readiness, the Postsecondary Education

24  Planning Commission, and the Education Standards Commission,

25  shall conduct a statewide assessment to determine the extent

26  and nature of instruction for those who work or are training

27  to work in the fields of child care and early childhood

28  education, as well as an assessment of the market demand for

29  individuals trained at various levels. Based on this

30  assessment, the Articulation Coordinating Committee shall

31  establish an articulated career path for school

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  1  readiness-related professions, which shall lead from

  2  entry-level employment in child care and early childhood

  3  education to a baccalaureate degree. The career path shall

  4  provide for the articulation of:

  5         1.  Vocational credit to college credit for associate

  6  in science degrees;

  7         2.  Credit earned in associate in science or associate

  8  in arts degree programs to credit in baccalaureate degree

  9  programs;

10         3.  Credit awarded by public and private institutions;

11  and

12         4.  Credit for experiential learning associated with

13  minimum training requirements for employment. The Articulation

14  Coordinating Committee shall ensure that the articulation of

15  such credit does not jeopardize the receiving institution's

16  accreditation status.

17

18  Before the printing of the catalog for the fall semester 2002,

19  the articulation agreement must guarantee the statewide

20  articulation of appropriate coursework as established in the

21  career path.

22         (3)  The boards of trustees of the universities and

23  boards of trustees of the community colleges shall identify

24  their core curricula, which shall include courses required by

25  the State Board of Education.  The universities and community

26  colleges shall work with their school districts to assure that

27  high school curricula coordinate with the core curricula and

28  to prepare students for college-level work. Core curricula for

29  associate in arts programs shall be adopted in rule by the

30  State Board of Education and shall include 36 semester hours

31  of general education courses in the subject areas of

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  1  communication, mathematics, social sciences, humanities, and

  2  natural sciences. By January 1, 1996, General education

  3  coursework shall be identified by common course code numbers,

  4  consistent with the recommendations of the Articulation

  5  Coordinating Committee, pursuant to s. 229.551(1)(f)4. By fall

  6  semester 1996, Degree program prerequisite courses and course

  7  substitutions shall be available at community colleges. With

  8  the exception of programs approved by the State Board of

  9  Education Regents pursuant to s. 240.209(5)(f), degree program

10  prerequisite courses shall be common across delivery systems

11  and shall be identified by their common course code number

12  consistent with the recommendations of the Articulation

13  Coordinating Committee, pursuant to s. 229.551(1)(f)5.

14         (5)  By fall semester of 1995, Each state university

15  and community college shall offer to all students each

16  semester, prior to drop-add, nationally standardized

17  examinations listed in the articulation agreement, or

18  institutionally developed examinations, through which students

19  may earn credit in those general subject areas which are

20  required or may be applied toward general education

21  requirements for a baccalaureate degree at that university or

22  associate degree at the community college.  A student

23  satisfactorily completing such examinations shall receive full

24  credit for the course the same as if it had been taken,

25  completed, and passed.

26         (6)  An associate in arts degree shall require no more

27  than 60 semester hours of college credit, including 36

28  semester hours of general education coursework.  Except for

29  college-preparatory coursework required pursuant to s.

30  240.117, all required coursework shall count toward the

31  associate in arts degree or the baccalaureate degree. By fall

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  1  semester of 1996, A baccalaureate degree program shall require

  2  no more than 120 semester hours of college credit, including

  3  36 semester hours of general education coursework, unless

  4  prior approval has been granted by the State Board of

  5  Education Regents.

  6         Section 26.  Subsection (5) of section 240.1163,

  7  Florida Statutes, is amended to read:

  8         240.1163  Joint dual enrollment and advanced placement

  9  instruction.--

10         (5)  The State Board Commissioner of Education may

11  approve dual enrollment agreements for limited course

12  offerings that have statewide appeal. Such programs shall be

13  limited to a single site with multiple county participation.

14         Section 27.  Paragraph (a) of subsection (4) of section

15  240.117, Florida Statutes, is amended to read:

16         240.117  Common placement testing for public

17  postsecondary education.--

18         (4)(a)  Community college or state university students

19  who have been identified as requiring additional preparation

20  pursuant to subsection (1) shall enroll in college-preparatory

21  or other adult education pursuant to s. 239.301 in community

22  colleges to develop needed college-entry skills.  These

23  students shall be permitted to take courses within their

24  degree program concurrently in other curriculum areas for

25  which they are qualified while enrolled in college-preparatory

26  instruction courses.  A student enrolled in a

27  college-preparatory course may concurrently enroll only in

28  college credit courses that do not require the skills

29  addressed in the college-preparatory course. The State Board

30  of Education Community Colleges shall specify the college

31  credit courses that are acceptable for students enrolled in

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  1  each college-preparatory skill area, pursuant to s.

  2  240.311(3)(q).  A student who wishes to earn an associate in

  3  arts or a baccalaureate degree, but who is required to

  4  complete a college-preparatory course, must successfully

  5  complete the required college-preparatory studies by the time

  6  the student has accumulated 12 hours of lower-division college

  7  credit degree coursework; however, a student may continue

  8  enrollment in degree-earning coursework provided the student

  9  maintains enrollment in college-preparatory coursework for

10  each subsequent semester until college-preparatory coursework

11  requirements are completed, and the student demonstrates

12  satisfactory performance in degree-earning coursework.  A

13  passing score on a standardized, institutionally developed

14  test must be achieved before a student is considered to have

15  met basic computation and communication skills requirements;

16  however, no student shall be required to retake any test or

17  subtest that was previously passed by said student.  A student

18  shall be funded to enroll in the same college-preparatory

19  class within a skill area only twice, after which time the

20  student shall pay 100 percent of the full cost of instruction

21  to support continuous enrollment of that student in the same

22  class and such student shall not be included in calculations

23  of full-time equivalent enrollments for state funding

24  purposes; however, students who withdraw or fail a class due

25  to extenuating circumstances may be granted an exception only

26  once for each class, provided approval is granted according to

27  policy established by the State Board of Education trustees.

28  Each community college shall have the authority to review and

29  reduce fees paid by students due to continued enrollment in a

30  college-preparatory class on an individual basis contingent

31  upon the student's financial hardship, pursuant to definitions

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  1  and fee levels established by the State Board of Education

  2  Community Colleges. Credit awarded for college-preparatory

  3  instruction may not be counted towards fulfilling the number

  4  of credits required for a degree.

  5         Section 28.  Subsections (1), (2), (3), and (5) of

  6  section 240.118, Florida Statutes, is amended to read:

  7         240.118  Postsecondary feedback of information to high

  8  schools.--

  9         (1)  The State Board of Education shall adopt rules

10  that require the Commissioner of Education to report to the

11  Governor, State Board of Education, the Legislature, and the

12  school districts on the performance of each

13  first-time-in-postsecondary education student from each public

14  high school in this state who is enrolled in a university,

15  community college, or public technical center.  Such reports

16  must be based on information databases maintained by the

17  Division of Universities, Division of Community Colleges, and

18  Division of Administration Workforce Development. In addition,

19  the universities, community colleges, and technical centers

20  shall provide school districts access to information on

21  student performance in regular and preparatory courses and

22  shall indicate students referred for remediation pursuant to

23  s. 240.117 or s. 239.213.

24         (2)  The State Board Commissioner of Education shall

25  report, by high school, to the Governor State Board of

26  Education and the Legislature, no later than November 31 of

27  each year, on the number of prior year Florida high school

28  graduates who enrolled for the first time in public

29  postsecondary education in this state during the previous

30  summer, fall, or spring term, indicating the number of

31  students whose scores on the common placement test indicated

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  1  the need for remediation through college-preparatory or

  2  vocational-preparatory instruction pursuant to s. 240.117 or

  3  s. 239.213.

  4         (3)  The department Commissioner of Education shall

  5  organize school summary reports and student-level records by

  6  school district and high school in which the postsecondary

  7  education students were enrolled and report the information to

  8  each school district no later than January 31 of each year.

  9         (5)  The State Board Commissioner of Education shall

10  annually recommend to the Governor and Legislature statutory

11  changes to reduce the incidence of postsecondary remediation

12  in mathematics, reading, and writing for first-time-enrolled

13  recent high school graduates.

14         Section 29.  Section 240.124, Florida Statutes, is

15  amended to read:

16         240.124  Funding for continuous enrollment in college

17  credit courses.--A student enrolled in the same undergraduate

18  college-credit course more than twice shall pay matriculation

19  at 100 percent of the full cost of instruction and shall not

20  be included in calculations of full-time equivalent

21  enrollments for state funding purposes. However, students who

22  withdraw or fail a class due to extenuating circumstances may

23  be granted an exception only once for each class, provided

24  that approval is granted according to policy established by

25  the State Board of Education board of trustees of the

26  community colleges or the Board of Regents for the State

27  University System. Each community college and state university

28  shall have the authority to review and reduce fees paid by

29  students due to continued enrollment in a college-credit class

30  on an individual basis contingent upon the student's financial

31  hardship, pursuant to definitions and fee levels established

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  1  by the State Board of Education Community Colleges for the

  2  community colleges and the Board of Regents for the State

  3  University System. For purposes of this section, first-time

  4  enrollment in a class shall mean enrollment in a class

  5  beginning fall semester 1997, and calculations of the full

  6  cost of instruction shall be based on the systemwide average

  7  of the prior year's cost of undergraduate programs for the

  8  Community College System and the State University System. The

  9  Board of Regents and the State Board of Education Community

10  Colleges may make exceptions to this section for

11  individualized study, elective coursework, courses that are

12  repeated as a requirement of a major, and courses that are

13  intended as continuing over multiple semesters, excluding the

14  repeat of coursework more than two times to increase grade

15  point average or meet minimum course grade requirements.

16         Section 30.  Subsections (3) and (4) of section

17  240.125, Florida Statutes, are amended to read:

18         240.125  Postsecondary consortia; cooperation.--

19         (3)  The State Board Commissioner of Education is

20  authorized to establish a Trust Fund for Postsecondary

21  Cooperation.  The trust fund shall be used to reward

22  institutional creativity and initiative in assisting student

23  articulation and in cooperating with local business and

24  industry.  These initiatives may include:

25         (a)  Local consortia or institutional arrangements.

26         (b)  Organized faculty and professional staff networks.

27         (c)  The use of adjunct faculty from industry.

28         (d)  Apprenticeship or cooperative training of

29  students.

30         (4)  The Postsecondary Education Planning Commission

31  shall review, set priorities for, and recommend to the State

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  1  Board of Education commissioner proposals for use of the fund.

  2  The State Board of Education commissioner has authority to

  3  make grants from the trust fund.

  4         Section 31.  Subsection (1) of section 240.132, Florida

  5  Statutes, is amended to read:

  6         240.132  Participation by students or employees in

  7  disruptive activities at state institutions of higher

  8  learning; penalties.--

  9         (1)  Any person who shall accept the privilege extended

10  by the laws of this state of attendance or employment at any

11  state college, state community college, or state university

12  shall, by so attending or working at such institution, be

13  deemed to have given his or her consent to the policies of

14  that institution, the Board of Regents of the Division of

15  Universities of the Department of Education, and the laws of

16  this state.  Such policies shall include prohibition against

17  disruptive activities at state institutions of higher

18  learning.

19         Section 32.  Section 240.133, Florida Statutes, is

20  amended to read:

21         240.133  Expulsion and discipline of students of the

22  State University System and community colleges.--

23         (1)  Each student in the State University System and

24  each student in a community college is subject to federal and

25  state law, respective county and municipal ordinances, and all

26  rules and regulations of the State Board of Education, the

27  university boards of trustees, Regents or boards board of

28  trustees of the community colleges college.

29         (2)  Violation of these published laws, ordinances, or

30  rules and regulations may subject the violator to appropriate

31  action by the university or community college authorities.

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  1         (3)  Each president of a university in the State

  2  University System and each president of a community college

  3  shall have authority, after notice to the student of the

  4  charges and after a hearing thereon, to expel, suspend, or

  5  otherwise discipline any student who is found to have violated

  6  any law, ordinance, or rule or regulation of the State Board

  7  of Education, the university boards of trustees, Regents or of

  8  the boards board of trustees of the community colleges

  9  college. A student may be entitled to waiver of expulsion:

10         (a)  If the student provides substantial assistance in

11  the identification, arrest, or conviction of any of his or her

12  accomplices, accessories, coconspirators, or principals or of

13  any other person engaged in violations of chapter 893 within

14  the State University System or community colleges;

15         (b)  If the student voluntarily discloses his or her

16  violations of chapter 893 prior to his or her arrest; or

17         (c)  If the student commits himself or herself, or is

18  referred by the court in lieu of sentence, to a state-licensed

19  drug abuse program and successfully completes the program.

20         Section 33.  Section 240.134, Florida Statutes, is

21  amended to read:

22         240.134  Religious observances.--Each state university,

23  community college, and technical center degree career

24  education school shall adopt a policy in accordance with rules

25  of the Board of Regents, the State Board of Community

26  Colleges, or the State Board of Education which reasonably

27  accommodates the religious observance, practice, and belief of

28  individual students in regard to admissions, class attendance,

29  and the scheduling of examinations and work assignments.  Each

30  policy shall include a grievance procedure by which a student

31  who believes that he or she has been unreasonably denied an

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  1  educational benefit due to his or her religious belief or

  2  practices may seek redress.  Such policy shall be made known

  3  to faculty and students annually in inclusion in the

  4  institution's handbook, manual, or other similar document

  5  regularly provided to faculty and students.

  6         Section 34.  Subsections (1) and (2) of section

  7  120.145, Florida Statutes, are amended to read:

  8         240.145  Postsecondary Education Planning Commission.--

  9         (1)  There is established the Postsecondary Education

10  Planning Commission, which is assigned to the Department of

11  Education.  The commission shall be administratively housed

12  within the Division of Administration, Department office of

13  the Commissioner of Education, but it shall be an independent

14  budget entity and shall independently exercise the

15  responsibilities assigned herein or delegated by the State

16  Board of Education.  The commission shall serve as an advisory

17  body to the State Board of Education and other appropriate

18  state agencies and entities on all matters relating to

19  postsecondary education. In addition, the commission's reports

20  and recommendations shall be made available to the

21  Legislature, the State Board of Education, other appropriate

22  government officials, other appropriate state agencies and

23  entities, and the postsecondary educational institutions in

24  this state.

25         (2)  The commission shall be composed of 11 members of

26  the general public and one full-time student representing the

27  postsecondary education system of the state.  Each member

28  shall be appointed by the Governor, approved by three members

29  of the State Board of Education other than the Governor, and

30  confirmed by the Senate.  Members shall serve staggered 4-year

31  terms, except for the full-time student member, who shall

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  1  serve for 1 year; however, of the initial nonstudent

  2  appointees, two shall hold 1-year terms, three shall hold

  3  2-year terms, three shall hold 3-year terms, and three shall

  4  hold 4-year terms.  The student member shall be selected

  5  annually with the qualification that he or she be a registered

  6  full-time student at a postsecondary educational institution

  7  as defined in chapter 230, relating to public area technical

  8  centers; in this chapter, relating to public community

  9  colleges and universities; or in chapter 246, relating to

10  nonpublic colleges, universities, and vocational schools.  The

11  members of the commission shall elect a chair annually.  The

12  Governor shall fill all vacancies, subject to Senate approval

13  and confirmation, that may at any time occur on the

14  commission.

15         Section 35.  Subsections (2), (4), and (9) of section

16  240.147, Florida Statutes, are amended to read:

17         240.147  Powers and duties of the commission.--The

18  commission shall:

19         (2)  Prepare and submit to the State Board of Education

20  a master plan for postsecondary education.  The plan shall

21  include consideration of the promotion of quality, fundamental

22  educational goals, programmatic access, needs for remedial

23  education, regional and state economic development,

24  international education programs, demographic patterns,

25  student demand for programs, needs of particular subgroups of

26  the population, implementation of innovative educational

27  techniques and technology, and the requirements of the labor

28  market.  The capacity of existing programs, in both public and

29  independent institutions, to respond to identified needs shall

30  be evaluated, and a plan shall be developed to respond

31  efficiently to unmet needs.  The master plan shall serve as

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  1  the basis for the development of strategic plans by the

  2  Division of Universities Board of Regents, the Division State

  3  Board of Community Colleges, and the Independent Colleges and

  4  Universities of Florida. Development of the sector strategic

  5  plans shall be initiated following completion of the master

  6  plan to ensure coordination in addressing identified needs and

  7  strategies throughout postsecondary education.

  8         (4)  Recommend to the State Board of Education

  9  contracts with independent institutions to conduct programs

10  consistent with the state master plan for postsecondary

11  education. In making recommendations, the commission shall

12  consider the annual report submitted by the Division of

13  Universities Board of Regents pursuant to s. 240.209(3)(s).

14  Each program shall be reviewed, with the cooperation of the

15  institution, every 5 years.

16         (9)  Review the establishment of those instructional

17  centers which require approval by the Board of Regents or the

18  State Board of Education Community Colleges.

19         Section 36.  Section 240.152, Florida Statutes, is

20  amended to read:

21         240.152  Impaired and learning disabled persons;

22  admission to postsecondary institutions; substitute

23  requirements; rules.--Any person who is hearing impaired,

24  visually impaired, or dyslexic, or who has a specific learning

25  disability, shall be eligible for reasonable substitution for

26  any requirement for admission to a state university, community

27  college, or technical center degree career education

28  institution where documentation can be provided that the

29  person's failure to meet the admission requirement is related

30  to the disability.  The State Board of Education, the Board of

31  Regents, and the State Board of Community Colleges shall adopt

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  1  rules to implement this section and shall develop substitute

  2  admission requirements where appropriate.

  3         Section 37.  Section 240.153, Florida Statutes, is

  4  amended to read:

  5         240.153  Impaired and learning disabled persons;

  6  graduation, study program admission, and upper-division entry;

  7  substitute requirements; rules.--Any student in a state

  8  university, community college, or technical center degree

  9  career education institution who is hearing impaired, visually

10  impaired, or dyslexic, or who has a specific learning

11  disability, shall be eligible for reasonable substitution for

12  any requirement for graduation, for admission into a program

13  of study, or for entry into upper division where documentation

14  can be provided that the person's failure to meet the

15  requirement is related to the disability and where the failure

16  to meet the graduation requirement or program admission

17  requirement does not constitute a fundamental alteration in

18  the nature of the program. The State Board of Education, the

19  Board of Regents, and the State Board of Community Colleges

20  shall adopt rules to implement this section and shall develop

21  substitute requirements where appropriate.

22         Section 38.  Section 240.155, Florida Statutes, is

23  amended to read:

24         240.155  Campus master plans and campus development

25  agreements.--

26         (1)  This section contains provisions for campus

27  planning and concurrency management that supersede the

28  requirements of part II of chapter 163, except when stated

29  otherwise in this section.  These special growth management

30  provisions are adopted in recognition of the unique

31  relationship between campuses of the State University System

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  1  and the local governments in which they are located.  While

  2  the campuses provide research and educational benefits of

  3  statewide and national importance, and further provide

  4  substantial educational, economic, and cultural benefits to

  5  their host local governments, they may also have an adverse

  6  impact on the public facilities and services and natural

  7  resources of host governments.  On balance, however,

  8  universities should be considered as vital public facilities

  9  of the state and local governments.  The intent of this

10  section is to address this unique relationship by providing

11  for the preparation of campus master plans and associated

12  campus development agreements.

13         (2)  As used in this section:

14         (a)  "Affected local government" means a unit of local

15  government that provides public services to or is responsible

16  for maintaining facilities within a campus of an institution

17  in the State University System or is directly affected by

18  development that is proposed for a campus.

19         (b)  "Affected person" means a host local government;

20  an affected local government; any state, regional, or federal

21  agency; or a person who resides, owns property, or owns or

22  operates a business within the boundaries of a host local

23  government or affected local government.

24         (c)  "Host local government" means a local government

25  within the jurisdiction of which all or part of a campus of an

26  institution is located, but does not include a county if no

27  part of an institution is located within its unincorporated

28  area.

29         (d)  "Institution" means a university in the State

30  University System.

31

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  1         (3)  The State Board of Education Regents shall, no

  2  later than 24 months after July 1, 1993, prepare and adopt a

  3  campus master plan for the campus of each institution over

  4  which it has jurisdiction. The master plan must identify

  5  general land uses and address the need for and plans for

  6  provision of roads, parking, public transportation, solid

  7  waste, drainage, sewer, potable water, and recreation and open

  8  space during the coming 10 to 20 years.  The plans must

  9  contain elements relating to future land use,

10  intergovernmental coordination, capital improvements,

11  recreation and open space, general infrastructure, housing,

12  and conservation. Each element must address compatibility with

13  the surrounding community.  The master plan must identify

14  specific land uses, location of structures, densities and

15  intensities of use, and contain standards for onsite

16  development, site design, environmental management, and the

17  preservation of historic and archaeological resources. The

18  transportation element must address reasonable transportation

19  demand management techniques to minimize offsite impacts where

20  possible.  Data and analyses on which the elements are based

21  must include, at a minimum: the characteristics of vacant

22  lands; projected impacts of development on onsite and offsite

23  infrastructure, public services, and natural resources;

24  student enrollment projections; student housing needs; and the

25  need for academic and support facilities.  Master plans must

26  be updated at least every 5 years.

27         (4)  Campus master plans may contain additional

28  elements at the discretion of the State Board of Education

29  Regents; however, such elements are not subject to review

30  under this section.  These additional elements may include the

31  academic mission of the institution, academic program,

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  1  utilities, public safety, architectural design, landscape

  2  architectural design, and facilities maintenance.

  3         (5)  Subject to the right of the State Board of

  4  Education Regents to initiate the dispute resolution

  5  provisions of subsection (8), a campus master plan must not be

  6  in conflict with the comprehensive plan of the host local

  7  government and the comprehensive plan of any affected local

  8  governments.  A campus master plan must be consistent with the

  9  state comprehensive plan.

10         (6)  Before a campus master plan is adopted, a copy of

11  the draft master plan must be sent for review to the host and

12  any affected local governments, the state land planning

13  agency, the Department of Environmental Protection, the

14  Department of Transportation, the Department of State, the

15  Fish and Wildlife Conservation Commission, and the applicable

16  water management district and regional planning council. These

17  agencies must be given 90 days after receipt of the campus

18  master plans in which to conduct their review and provide

19  comments to the State Board of Education Regents. The

20  commencement of this review period must be advertised in

21  newspapers of general circulation within the host local

22  government and any affected local government to allow for

23  public comment. Following receipt and consideration of all

24  comments, and the holding of at least two public hearings

25  within the host jurisdiction, the State Board of Education

26  Regents shall adopt the campus master plan. It is the intent

27  of the Legislature that the State Board of Education Regents

28  comply with the notice requirements set forth in s.

29  163.3184(15) to ensure full public participation in this

30  planning process. Campus master plans developed under this

31

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  1  section are not rules and are not subject to chapter 120

  2  except as otherwise provided in this section.

  3         (7)  Notice that the campus master plan has been

  4  adopted must be forwarded within 45 days after its adoption to

  5  any affected person that submitted comments on the draft

  6  campus master plan.  The notice must state how and where a

  7  copy of the master plan may be obtained or inspected.  Within

  8  30 days after receipt of the notice of adoption of the campus

  9  master plan, or 30 days after the date the adopted plan is

10  available for review, whichever is later, an affected person

11  who submitted comments on the draft master plan may petition

12  the State Board of Education Regents, challenging the campus

13  master plan as not being in compliance with this section or

14  any rule adopted under this section. The petition must state

15  each objection, identify its source, and provide a recommended

16  action. A petition filed by an affected local government may

17  raise only those issues directly pertaining to the public

18  facilities or services that the affected local government

19  provides to or maintains within the campus or to the direct

20  impact that campus development would have on the affected

21  local government.

22         (8)  Following receipt of a petition, the petitioning

23  party or parties and the State Board of Education Regents

24  shall mediate the issues in dispute as follows:

25         (a)  The parties have 60 days to resolve the issues in

26  dispute. Other affected parties that submitted comments on the

27  draft campus master plan must be given the opportunity to

28  participate in these and subsequent proceedings.

29         (b)  If resolution of the matter cannot be achieved

30  within 60 days, the issues must be submitted to the state land

31  planning agency.  The state land planning agency has 60 days

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  1  to hold informal hearings, if necessary, identify the issues

  2  remaining in dispute, prepare a record of the proceedings, and

  3  submit the matter to the Administration Commission for final

  4  action.  The report to the Administration Commission must list

  5  each issue in dispute, describe the nature and basis for each

  6  dispute, identify alternative resolutions of the dispute, and

  7  make recommendations.

  8         (c)  After receiving the report from the state land

  9  planning agency, the Administration Commission shall take

10  action to resolve the issues in dispute. In deciding upon a

11  proper resolution, the Administration Commission shall

12  consider the nature of the issues in dispute, the compliance

13  of the parties with this section, the extent of the conflict

14  between the parties, the comparative hardships, and the public

15  interest involved.  If the Administration Commission

16  incorporates in its final order a term or condition that

17  specifically requires the State Board of Education Regents or

18  a local government to amend or modify its plan, the State

19  Board of Education Regents shall have a reasonable period of

20  time to amend or modify its plan, and a local government shall

21  initiate the required plan amendment, which shall be exempt

22  from the requirements of s. 163.3187(1). Any required

23  amendment to a local government comprehensive plan must be

24  limited in scope so as to only relate to specific impacts

25  attributable to the campus development.  The final order of

26  the Administration Commission is subject to judicial review as

27  provided in s. 120.68.

28         (9)  An amendment to a campus master plan must be

29  reviewed and adopted under subsections (6)-(8) if such

30  amendment, alone or in conjunction with other amendments,

31  would:

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  1         (a)  Increase density or intensity of use of land on

  2  the campus by more than 10 percent;

  3         (b)  Decrease the amount of natural areas, open space,

  4  or buffers on the campus by more than 10 percent; or

  5         (c)  Rearrange land uses in a manner that will increase

  6  the impact of any proposed campus development by more than 10

  7  percent on a road or on another public facility or service

  8  provided or maintained by the state, the county, the host

  9  local government, or any affected local government.

10         (10)  Upon adoption of a campus master plan, the State

11  Board of Education Regents shall draft a proposed campus

12  development agreement for each local government and send it to

13  the local government within 270 days after the adoption of the

14  relevant campus master plan.

15         (11)  At a minimum, each campus development agreement:

16         (a)  Must identify the geographic area of the campus

17  and local government covered by the campus development

18  agreement.

19         (b)  Must establish its duration, which must be at

20  least 5 years and not more than 10 years.

21         (c)  Must address public facilities and services

22  including roads, sanitary sewer, solid waste, drainage,

23  potable water, parks and recreation, and public

24  transportation.

25         (d)  Must, for each of the facilities and services

26  listed in paragraph (c), identify the level-of-service

27  standard established by the applicable local government,

28  identify the entity that will provide the service to the

29  campus, and describe any financial arrangements between the

30  State Board of Education Regents and other entities relating

31  to the provision of the facility or service.

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  1         (e)  Must, for each of the facilities and services

  2  listed in paragraph (c), determine the impact of existing and

  3  proposed campus development reasonably expected over the term

  4  of the campus development agreement on each service or

  5  facility and any deficiencies in such service or facility

  6  which the proposed campus development will create or to which

  7  it will contribute.

  8         (f)  May, if proposed by the State Board of Education

  9  Regents, address the issues prescribed in paragraphs (d) and

10  (e) with regard to additional facilities and services,

11  including, but not limited to, electricity, nonpotable water,

12  law enforcement, fire and emergency rescue, gas, and

13  telephone.

14         (g)  Must, to the extent it addresses issues addressed

15  in the campus master plan and host local government

16  comprehensive plan, be consistent with the adopted campus

17  master plan and host local government comprehensive plan.

18         (12)(a)  Each proposed campus development agreement

19  must clearly identify the lands to which the State Board of

20  Education Regents intends the campus development agreement to

21  apply.

22         (b)  Such land may include:

23         1.  Land to be purchased by the State Board of

24  Education Regents and titled in the name of the Board of

25  Trustees of the Internal Improvement Trust Fund for use by an

26  institution over the life of the campus development agreement.

27         2.  Land not owned by the Board of Trustees of the

28  Internal Improvement Trust Fund if the State Board of

29  Education Regents intends to undertake development activities

30  on the land during the term of the campus development

31  agreement.

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  1         (c)  Land owned by the Board of Trustees of the

  2  Internal Improvement Trust Fund for lease to the State Board

  3  of Education Regents acting on behalf of the institution may

  4  be excluded, but any development activity undertaken on

  5  excluded land is subject to part II of chapter 163.

  6         (13)  With regard to the impact of campus development

  7  on the facilities and services listed in paragraph (11)(c),

  8  the following applies:

  9         (a)  All improvements to facilities or services which

10  are necessary to eliminate the deficiencies identified in

11  paragraph (11)(e) must be specifically listed in the campus

12  development agreement.

13         (b)  The State Board of Education's Regent's fair share

14  of the cost of the measures identified in paragraph (a) must

15  be stated in the campus development agreement.  In determining

16  the fair share, the effect of any demand management

17  techniques, which may include such techniques as flexible work

18  hours and carpooling, that are used by the State Board of

19  Education Regents to minimize the offsite impacts shall be

20  considered.

21         (c)  The State Board of Education Regents is

22  responsible for paying the fair share identified in paragraph

23  (b), and it may do so by:

24         1.  Paying a fair share of each of the improvements

25  identified in paragraph (a); or

26         2.  Taking on full responsibility for the improvements,

27  selected from the list of improvements identified in paragraph

28  (a), and agreed to between the host local government and the

29  State Board of Education Regents, the total cost of which

30  equals the contribution identified in paragraph (b).

31

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  1         (d)  All concurrency management responsibilities of the

  2  State Board of Education Regents are fulfilled if the State

  3  Board of Education Regents expends the total amount of funds

  4  identified in paragraph (b) notwithstanding that the State

  5  Board of Education Regents may not have undertaken or made

  6  contributions to some of the measures identified in paragraph

  7  (a).

  8         (e)  Capital projects included in the campus

  9  development agreement may be used by the local government for

10  the concurrency management purposes.

11         (f)  Funds provided by universities in accordance with

12  campus development agreements are subject to appropriation by

13  the Legislature.  A development authorized by a campus

14  development agreement may not be built until the funds to be

15  provided pursuant to paragraph (b) are appropriated by the

16  Legislature.

17         (14)  A campus development agreement may not address or

18  include any standards or requirements for onsite development,

19  including environmental management requirements or

20  requirements for site preparation.

21         (15)  Once the State Board of Education Regents and

22  host local government agree on the provisions of the campus

23  development agreement, the campus development agreement shall

24  be executed by the State Board of Education Regents and the

25  host local government in a manner consistent with the

26  requirements of s. 163.3225.  Once the campus development

27  agreement is executed, it is binding upon the State Board of

28  Education Regents and host local government.  A copy of the

29  executed campus development agreement must be sent to the

30  state land planning agency within 14 days after the date of

31  execution.

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  1         (16)  If, within 180 days following the host local

  2  government's receipt of the proposed campus development

  3  agreement, the State Board of Education Regents and host local

  4  government cannot reach agreement on the provisions of the

  5  campus development agreement, the following procedures for

  6  resolving the matter must be followed:

  7         (a)  The matter must be submitted to the state land

  8  planning agency, which has 60 days to hold informal hearings,

  9  if necessary, and identify the issues remaining in dispute,

10  prepare a record of the proceedings, and submit the matter to

11  the Administration Commission for final action.  The report to

12  the Administration Commission must list each issue in dispute,

13  describe the nature and basis for each dispute, identify

14  alternative resolutions of each dispute, and make

15  recommendations.

16         (b)  After receiving the report from the state land

17  planning agency, the Administration Commission shall take

18  action to resolve the issues in dispute.  In deciding upon a

19  proper resolution, the Administration Commission shall

20  consider the nature of the issues in dispute, the compliance

21  of the parties with this section, the extent of the conflict

22  between the parties, the comparative hardships, and the public

23  interest involved.  In resolving the matter, the

24  Administration Commission may prescribe, by order, the

25  contents of the campus development agreement.

26         (17)  Disputes that arise in the implementation of an

27  executed campus development agreement must be resolved as

28  follows:

29         (a)  Each party shall select one mediator and notify

30  the other in writing of the selection.  Thereafter, within 15

31  days after their selection, the two mediators selected by the

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  1  parties shall select a neutral, third mediator to complete the

  2  mediation panel.

  3         (b)  Each party is responsible for all costs and fees

  4  payable to the mediator selected by it and shall equally bear

  5  responsibility for the costs and fees payable to the third

  6  mediator for services rendered and costs expended in

  7  connection with resolving disputes pursuant to the campus

  8  development agreement.

  9         (c)  Within 10 days after the selection of the

10  mediation panel, proceedings must be convened by the panel to

11  resolve the issues in dispute.

12         (d)  Within 60 days after the convening of the panel,

13  the panel shall issue a report containing a recommended

14  resolution of the issues in dispute.

15         (e)  If either the State Board of Education Regents or

16  local government rejects the recommended resolution of the

17  issues in dispute, the disputed issues must be resolved

18  pursuant to the procedures provided by subsection (16).

19         (18)  Once the campus development agreement is

20  executed, all campus development may proceed without further

21  review by the host local government if it is consistent with

22  the adopted campus master plan and associated campus

23  development agreement.

24         (19)  A campus development agreement may be amended

25  under subsections (10)-(16):

26         (a)  In conjunction with any amendment to the campus

27  master plan subject to the requirements in subsection (9).

28         (b)  If either party delays by more than 12 months the

29  construction of a capital improvement identified in the

30  agreement.

31

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  1         (20)  Any party to a campus development agreement or

  2  aggrieved or adversely affected person, as defined in s.

  3  163.3215(2), may file an action for injunctive relief in the

  4  circuit court where the host local government is located to

  5  enforce the terms of a campus development agreement or to

  6  challenge compliance of the agreement with this section.  This

  7  action shall be the sole and exclusive remedy of an adversely

  8  affected person other than a party to the agreement to enforce

  9  any rights or obligations arising from a development

10  agreement.

11         (21)  State and regional environmental program

12  requirements remain applicable, except that this section

13  supersedes all other sections of part II of chapter 163 and s.

14  380.06 except as provided in this section.

15         (22)  In consultation with the state land planning

16  agency, the State Board of Education Regents shall adopt rules

17  implementing subsections (3)-(6) within 180 days after July 1,

18  1993.  The rules must set specific schedules and procedures

19  for the development and adoption of campus master plans.

20         (23)  Until the campus master plan and campus

21  development agreement for an institution have been finalized,

22  any dispute between the State Board of Education Regents and a

23  local government relating to campus development for that

24  institution shall be resolved by the process established in

25  subsection (8).

26         Section 39.  Section 240.2011, Florida Statutes, is

27  amended to read:

28         240.2011  State University System defined.--The State

29  University System shall consist of the following:

30

31

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  1         (1)  The Board of Regents of the Division of

  2  Universities of the Department of Education, with a central

  3  office located in Leon County.

  4         (1)(2)  The University of Florida, with a main campus

  5  located in Alachua County.

  6         (2)(3)  The Florida State University, with a main

  7  campus located in Leon County.

  8         (3)(4)  The Florida Agricultural and Mechanical

  9  University, with a main campus located in Leon County.

10         (4)(5)  The University of South Florida, with a main

11  campus located in Hillsborough County.

12         (5)(6)  The Florida Atlantic University, with partner

13  campuses located in Palm Beach County and Broward County.

14         (6)(7)  The University of West Florida, with a main

15  campus located in Escambia County.

16         (7)(8)  The University of Central Florida, with a main

17  campus located in Orange County.

18         (8)(9)  The University of North Florida, with a main

19  campus located in Duval County.

20         (9)(10)  The Florida International University, with a

21  main campus located in Dade County.

22         (10)(11)  The Florida Gulf Coast University, with a

23  main campus located in Fort Myers.

24         (11)  Such universities as may be created by the

25  Legislature, including, but not limited to, those created by

26  conversion of branch campuses and other facilities.

27         Section 40.  Section 240.2012, Florida Statutes, is

28  created to read:

29         240.2012  Establishment and organization of university

30  boards of trustees.--

31

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  1         (1)  Each university in the State University System

  2  authorized by law is an independent, separate legal entity.

  3  The operation of each university in the State University

  4  System, unless otherwise provided by law, shall be governed by

  5  a board of trustees.

  6         (2)  A university board of trustees shall consist of

  7  nine members. Except for the boards of trustees of the

  8  University of Florida, Florida State University, and Florida

  9  Agricultural and Mechanical University, the majority of

10  members of a university board of trustees must reside within

11  the service area of the university. 

12         (3)  Trustees shall be appointed by the Governor and be

13  subject to confirmation by the Senate in regular session.

14         (4)  Members of the board of trustees may receive

15  reimbursement for expenses as provided in s. 112.061,

16  including mileage to and from official board meetings, and may

17  receive such compensation as is provided by law.

18         (5)  At its first regular meeting after July 1 of each

19  year, each board of trustees shall organize by electing a

20  chair, whose duty as such is to preside at all meetings of the

21  board, to call special meetings thereof, and to attest to

22  actions of the board, and a vice chair, whose duty as such is

23  to act as chair during the absence or disability of the

24  elected chair. The chair of each board of trustees shall

25  notify the Governor, in writing, whenever a board member fails

26  to attend three consecutive regular board meetings in any one

27  fiscal year, which absences may be grounds for removal.

28         (6)  A university president shall be the executive

29  officer and corporate secretary of the board of trustees as

30  well as the chief administrative officer of the university,

31  and all the components of the institution and all aspects of

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  1  its operation are responsible to the board of trustees through

  2  the president.

  3         (7)  The board of trustees shall have the power to take

  4  action without a recommendation from the president and shall

  5  have the power to require the president to deliver to the

  6  board all data and information required by the board in the

  7  performance of its duties.

  8         Section 41.  Section 240.2014, Florida Statutes, is

  9  created to read:

10         240.2014  University district board of trustees; board

11  to constitute a corporation.--Each university board of

12  trustees is constituted as a body corporate by the name of

13  "The District Board of Trustees of ...(name of university)...,

14  Florida."  In all suits against a board, service of process

15  shall be made to the chair of the board or, in the absence of

16  the chair, to another member of the board.

17         Section 42.  Section 240.2016, Florida Statutes, is

18  created to read:

19         240.2016  University district boards of trustees;

20  duties and powers.--

21         (1)  Each university board of trustees is vested with

22  the responsibility to operate its respective university and

23  with such necessary authority as is needed for the proper

24  operation and improvement thereof in accordance with rules of

25  the State Board of Education.

26         (2)  The board of trustees, after considering

27  recommendations submitted by the university president, has

28  authority to adopt rules pursuant to ss. 120.536(1) and 120.54

29  to implement the provisions of law conferring duties upon it.

30  These rules may supplement those prescribed by the State Board

31

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  1  of Education if they will contribute to the more orderly and

  2  efficient operation of the State University System.

  3         (3)  Each university board of trustees is specifically

  4  authorized to adopt rules, procedures, and policies,

  5  consistent with law and rules of the State Board of Education,

  6  related to its mission and responsibilities, its governance,

  7  personnel, budget and finance, administration, programs,

  8  curriculum and instruction, buildings and grounds, travel and

  9  purchasing, technology, students, contracts and grants, or

10  university property.

11         (4)  Such rules, procedures, and policies for the

12  boards of trustees include, but are not limited to, the

13  following:

14         (a)  Each board of trustees shall have authority to

15  appoint, suspend, or remove the president of the university.

16  The board of trustees may appoint a search committee. Each

17  appointment of a university president shall be conducted in

18  accordance with the provisions of ss. 119.07 and 286.011. Each

19  board shall determine the compensation and other conditions of

20  employment for its university president. The board of trustees

21  shall conduct periodic evaluations of the president in

22  accordance with rules of the State Board of Education and

23  submit such evaluations to the State Board of Education for

24  review.

25         (b)  Each board of trustees has responsibility for the

26  location of classes and the services provided and the

27  dissemination of information concerning such programs and

28  services.

29         (c)  Each board of trustees constitutes the contracting

30  agent of the university.  When acting as a body it may make

31  contracts, sue, and be sued in the name of the board of

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  1  trustees. In any suit, a change in personnel of the board

  2  shall not abate the suit, which shall proceed as if such

  3  change had not taken place. Each board may adopt rules,

  4  procedures, and policies related to contracts and contract

  5  management.

  6         (d)  Whenever the Department of Education finds it

  7  necessary for the welfare and convenience of any university to

  8  acquire private property for the use of the university and the

  9  property cannot be acquired by agreement satisfactory to the

10  district board of trustees of the university and the parties

11  interested in, or the owners of, the private property, the

12  district board of trustees may exercise the right of eminent

13  domain after receiving approval therefor from the State Board

14  of Education and may then proceed to condemn the property in

15  the manner provided by chapter 73 or chapter 74.

16         (e)  Each board of trustees may enter into

17  lease-purchase arrangements with private individuals or

18  corporations for necessary grounds and buildings for

19  university purposes, other than dormitories, or for buildings

20  other than dormitories to be erected for university purposes.

21  Such arrangements shall be paid from capital outlay and debt

22  service funds with terms not to exceed 30 years and at a

23  stipulated rate.  The provisions of such contracts, including

24  building plans, are subject to approval by the Department of

25  Education, and no such contract may be entered into without

26  such approval.  The State Board of Education may adopt such

27  rules as it deems necessary to administer this paragraph.

28         (f)  Each board of trustees may purchase, acquire,

29  receive, hold, own, manage, lease, sell, dispose of, and

30  convey title to real property, in the best interests of the

31

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  1  university, pursuant to rules adopted by the State Board of

  2  Education.

  3         (g)  Each board of trustees is authorized to enter into

  4  agreements for, and accept, credit card payments as

  5  compensation for goods, services, tuition, and fees. Each

  6  university is further authorized to establish accounts in

  7  credit card banks for the deposit of credit card sales

  8  invoices.

  9         (h)  Each board of trustees may adopt, by rule, a

10  uniform code of appropriate penalties for violations of its

11  rules by students and employees. Such penalties, unless

12  otherwise provided by law, may include fines, the withholding

13  of diplomas or transcripts pending compliance with rules or

14  payment of fines, and the imposition of probation, suspension,

15  or dismissal.

16         (i)  Each board of trustees may consider the past

17  actions of any person applying for admission or employment and

18  may provide, by board rule or procedure, for denying

19  admission, enrollment, or employment to a person if past

20  actions have been found to disrupt or interfere with the

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

22  other university, college, or community college.

23         (j)  Each board of trustees is authorized to develop

24  and produce work products relating to educational endeavors

25  which are subject to trademark, copyright, or patent statutes.

26  To this end, the board shall consider the relative

27  contribution by the personnel employed in the development of

28  such work products and shall enter into binding agreements

29  with such personnel, organizations, corporations, or

30  government entities which agreements shall establish the

31  percentage of ownership of such trademarks, copyrights, or

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  1  patents.  Any other law to the contrary notwithstanding, the

  2  board is authorized in its own name to:

  3         1.  Perform all things necessary to secure letters of

  4  patent, copyrights, and trademarks on any such work products

  5  and to enforce its rights therein.

  6         2.  License, lease, assign, or otherwise give written

  7  consent to any person, firm, or corporation for the

  8  manufacture or use thereof on a royalty basis or for such

  9  other consideration as the board deems proper.

10         3.  Take any action necessary, including legal action,

11  to protect the same against improper or unlawful use of

12  infringement.

13         4.  Enforce the collection of any sums due the board of

14  trustees for the manufacture or use thereof by any other

15  party.

16         5.  Sell any of the same and execute all instruments

17  necessary to consummate any such sale.

18         6.  Do all other acts necessary and proper for the

19  execution of powers and duties provided by this paragraph.

20         (k)  Each board of trustees shall provide rules

21  governing parking and the direction and flow of traffic within

22  campus boundaries and may hire appropriate personnel to

23  enforce campus parking rules.  Such persons have no authority

24  to arrest or issue citations for moving traffic violations.

25  The board of trustees may adopt, by rule, a uniform code of

26  appropriate penalties for violations.  Such penalties, unless

27  otherwise provided by law, may include the levying of fines,

28  the withholding of diplomas or transcripts pending compliance

29  with rules or payment of fines, and the imposition of

30  probation, suspension, or dismissal.  Moneys collected from

31

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  1  parking-rule infractions shall be deposited in appropriate

  2  funds at each university for student financial aid purposes.

  3         (l)1.  Each board of trustees may adopt rules,

  4  procedures, and policies related to the appointment,

  5  employment, and removal of personnel.  The board shall

  6  determine the compensation, including salaries and fringe

  7  benefits, and other conditions of employment for such

  8  personnel, including the president.

  9         2.  The board is authorized to enter into a contract

10  with the president in accordance with the provisions of this

11  chapter. Any such contract may fix the duration of employment

12  and the compensation therefor and may contain any other terms

13  and conditions the board deems appropriate.  In addition, the

14  board may furnish the president with the use of a motor

15  vehicle or an allowance in lieu thereof. If any such vehicle

16  is furnished, the board shall determine and fix the maximum

17  nonuniversity use of the same.  Each board of trustees shall

18  adopt, by rule, procedures governing the employment and

19  dismissal of the university president. Such rule shall be

20  incorporated into the contract for employment.

21         (m)  Each board of trustees may adopt rules,

22  procedures, and policies related to students, enrollment of

23  students, student activities, loans, scholarships, and other

24  student services.

25         (n)  Each board of trustees may adopt rules,

26  procedures, and policies related to risk management, safety,

27  security, and law enforcement operations. Each board of

28  trustees is authorized to employ personnel to carry out the

29  duties imposed by this paragraph.

30         (o)  Each board of trustees is authorized to contract

31  for the purchase, lease, or acquisition in any manner,

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  1  including purchase by installment or lease-purchase contract,

  2  which may provide for the payment of interest on the unpaid

  3  portion of the purchase price and for the granting of a

  4  security interest in the items purchased of goods, materials,

  5  equipment, and services required by the university.  The board

  6  of trustees may choose to consolidate equipment contracts

  7  under master equipment-financing agreements made pursuant to

  8  s. 287.064.

  9         (p)  Each board of trustees may adopt rules,

10  procedures, and policies related to compliance with federal

11  laws, regulations, and requirements.

12         (q)  Each board of trustees may adopt rules,

13  procedures, and policies related to institutional governance,

14  administration, and management in order to promote orderly and

15  efficient operation, including, but not limited to, financial

16  management, budget management, physical plant management, and

17  property management.

18         (r)  Each board of trustees may adopt rules,

19  procedures, and policies related to data or technology,

20  including, but not limited to, information systems,

21  communications systems, computer hardware and software, and

22  networks.

23         (s)  Each board of trustees may adopt rules,

24  procedures, and policies related to the use, maintenance,

25  protection, and control of buildings and grounds, property,

26  and equipment.

27         Section 43.  Section 240.203, Florida Statutes, is

28  amended to read:

29         240.203  State Board of Education; responsibilities for

30  higher education.--With respect to the State University

31  System, the State Board of Education shall:

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  1         (1)  Approve all rules adopted by the Board of Regents

  2  before they are filed with the Department of State; however,

  3  if any rule is not disapproved by the Board of Education

  4  within 60 days of its adoption by the Board of Regents, the

  5  rule shall immediately be filed with the Department of State.

  6         (2)  at all times supervise exercise general

  7  supervision and control over the State University System Board

  8  of Regents.

  9         Section 44.  Sections 240.205 and 240.207, Florida

10  Statutes, are repealed.

11         Section 45.  Section 240.209, Florida Statutes, is

12  amended to read:

13         240.209  State Board of Education Regents; powers and

14  duties.--

15         (1)  The State Board of Education Regents is primarily

16  responsible for adopting systemwide rules pursuant to ss.

17  120.536(1) and 120.54 to implement provisions of law

18  conferring duties upon it; planning for the future needs of

19  the State University System; planning the programmatic,

20  financial, and physical development of the system; reviewing

21  and evaluating the instructional, research, and service

22  programs at the universities; coordinating program development

23  among the universities; and monitoring the fiscal performance

24  of the universities.

25         (2)  The State Board of Education Regents shall appoint

26  a Chancellor to serve at its pleasure who shall serve as the

27  Director of the Division of Universities and who shall perform

28  such duties as are assigned to him or her by the board.  The

29  board shall fix the compensation and other conditions of

30  employment for the Chancellor. The board shall also provide

31  for the compensation and other conditions of employment for

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  1  employees necessary to assist the board and the Chancellor in

  2  the performance of their duties. The Chancellor shall be the

  3  chief administrative officer of the board and shall be

  4  responsible for appointing all employees of the division board

  5  who shall serve under his or her direction and control. The

  6  Chancellor must be qualified by training and experience to

  7  understand the problems and needs of the state in the field of

  8  postsecondary education. Search committee activities for the

  9  selection of the Chancellor up to the point of transmitting a

10  list of nominees to the State Board of Education Regents shall

11  be confidential and exempt from the provisions of ss.

12  119.07(1) and 286.011.

13         (3)  The State Board of Education shall:

14         (a)  Develop a plan for the future expansion of the

15  State University System and recommend the establishment of new

16  universities consistent with the criteria adopted by the State

17  Board of Education pursuant to s. 229.053. The plan must

18  include a procedure for the periodic assessment of the need

19  for a new state university and specific standards for the

20  minimum acreage, building space, staffing, and programmatic

21  mix of state universities.

22         (b)  Appoint or remove the president of each university

23  in accordance with procedures and rules adopted by the Board

24  of Regents.  The board may appoint a search committee to

25  assist in evaluating presidential candidates. Each appointment

26  of a university president shall be conducted in accordance

27  with the provisions of ss. 119.07 and 286.011. The board shall

28  determine the compensation and other conditions of employment

29  for each president.

30         (b)(c)  Approve new degree programs for all state

31  universities. In so doing, the board shall be mindful of the

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  1  differentiated missions of the several universities.  New

  2  colleges, schools, or functional equivalents of any program

  3  leading to a degree which is offered as a credential for a

  4  specific license granted under the Florida Statutes or the

  5  State Constitution shall not be established without the

  6  specific approval of the Legislature.

  7         (c)(d)  Prepare the legislative budget requests,

  8  including fixed capital outlay requests, in accordance with

  9  chapter 216 and s. 235.41.  The board shall provide to the

10  individual universities fiscal policy guidelines, formats, and

11  instructions for the development of individual university

12  budget requests.

13         (d)(e)  Establish student fees.

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

15  shall raise the systemwide standard for resident undergraduate

16  matriculation and financial aid fees for the subsequent fall

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

18  cost of undergraduate programs. In implementing this

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

20  dental programs may be increased by the State Board of

21  Education Regents in the same percentage as the increase in

22  fees for resident undergraduates. However, in the absence of

23  legislative action to the contrary in an appropriations act,

24  the board may not approve annual fee increases for resident

25  students in excess of 10 percent. The sum of nonresident

26  student matriculation and tuition fees must be sufficient to

27  defray the full cost of undergraduate education. Graduate,

28  medical, veterinary, and dental fees charged to nonresidents

29  may be increased by the board in the same percentage as the

30  increase in fees for nonresident undergraduates. However, in

31  implementing this policy and in the absence of legislative

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  1  action to the contrary in an appropriations act, annual fee

  2  increases for nonresident students may not exceed 25 percent.

  3  In the absence of legislative action to the contrary in the

  4  General Appropriations Act, the fees shall go into effect for

  5  the following fall term.

  6         2.  When the appropriations act requires a new fee

  7  schedule, the board shall establish a systemwide standard fee

  8  schedule required to produce the total fee revenue established

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

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

11  expenditure of any fee revenues resulting from the product of

12  the fee schedule adopted pursuant to this section and the

13  assigned enrollment.

14         3.  Upon provision of authority in a General

15  Appropriations Act to spend revenue raised pursuant to this

16  section, the board shall approve a university request to

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

18  schedule which is calculated to generate revenue which varies

19  no more than 10 percent from the standard fee revenues

20  authorized through an appropriations act. In implementing an

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

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

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

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

25  implementing a plan for achieving accountability goals adopted

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

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

28  time necessary for graduation without reducing the quality of

29  instruction. The plans shall be recommended by a

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

31  students appointed by the student body president. A

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  1  chairperson, appointed jointly by the university president and

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

  3  tie.

  4         4.  The board is authorized to collect for financial

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

  6  tuition and matriculation fee per credit hour. The revenues

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

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

  9  as quickly as possible. The board shall specify specific

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

11  which may be carried forward unexpended to the following

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

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

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

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

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

17  original award.

18         5.  The board may recommend to the Legislature an

19  appropriate systemwide standard matriculation and tuition fee

20  schedule.

21         6.  The Education and General Student and Other Fees

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

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

24  fund from student fee collections and other miscellaneous fees

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

26  instruction and research missions of the State University

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

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

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

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

31  fund.

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  1         (f)  Establish and maintain systemwide personnel

  2  programs for all State University System employees, including

  3  a systemwide personnel classification and pay plan,

  4  notwithstanding provisions of law that grant authority to the

  5  Department of Management Services over such programs for state

  6  employees.  The board shall consult with the legislative

  7  appropriations committees regarding any major policy changes

  8  related to classification and pay which are in conflict with

  9  those policies in effect for career service employees with

10  similar job classifications and responsibilities. The board

11  may adopt rules delegating its authority to the Chancellor or

12  the universities. The board shall submit, in a manner

13  prescribed by law, any reports concerning State University

14  System personnel programs as shall be required of the

15  Department of Management Services for other state employees.

16  The Department of Management Services shall retain authority

17  over State University System employees for programs

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

19  110.1235, and 110.1238 and in chapters 121, 122, and 238.  The

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

21  coordinated, efficient systemwide program and shall delegate

22  to the universities all authority necessary for implementation

23  of the program consistent with these coordinating rules so

24  adopted and applicable collective bargaining agreements.

25  Notwithstanding the provisions of s. 216.181(7), the salary

26  rate controls for positions in budgets under the State Board

27  of Education Regents shall separately delineate the general

28  faculty and all other categories.

29         (g)  Develop a plan, to be mutually agreed upon by

30  applicable bargaining units, for the transfer of employees

31  from career service status provisions of chapter 110. Subject

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  1  to the approval of the President of the Senate and the Speaker

  2  of the House of Representatives, the plan shall become

  3  effective July 1, 1986.

  4         (h)  Recommend to the Legislature any proposed changes

  5  in the Capital Improvement Trust Fund and building fees.  The

  6  Capital Improvement Trust Fund fee is established as $2.44 per

  7  credit hour per semester.  The building fee is established as

  8  $2.32 per credit hour per semester.

  9         (i)  Terminate programs at the state universities

10  pursuant to findings of reviews and evaluations of

11  instructional, research, and service programs at the

12  universities.

13         (j)  After consultation with the university presidents,

14  adopt a systemwide strategic plan which specifies goals and

15  objectives for the State University System.  In developing

16  this plan, the board shall consider the role of individual

17  public and independent institutions within the state. The plan

18  shall provide for the roles of the universities to be

19  coordinated to best meet state needs and reflect

20  cost-effective use of state resources.  The strategic plan

21  shall clarify mission statements and identify degree programs

22  to be offered at each university in accordance with the

23  objectives provided herein. The systemwide strategic plan

24  shall be for a period of 5 years with modification of the

25  program lists after 2 years.  Development of each 5-year plan

26  shall be coordinated with and initiated subsequent to

27  completion of the master plan specified in s. 240.147. The

28  State Board of Education Regents shall submit a report to the

29  Speaker of the House of Representatives and the President of

30  the Senate upon modification of the system plan.

31

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  1         (k)  Seek the cooperation and advice of the officers

  2  and trustees of both public and private institutions of higher

  3  education in the state in performing its duties and making its

  4  plans, studies, and recommendations.

  5         (l)  Coordinate and provide for educational television

  6  in the State University System.

  7         (m)  Establish and maintain an effective information

  8  system which will provide composite data about the university

  9  system and assure that special analyses and studies of the

10  universities are conducted, as necessary, for provision of

11  accurate and cost-effective information about the universities

12  and about the system as a whole.

13         (n)  Seek the cooperation and advice of superintendents

14  and board members of local school districts in the state in

15  performing its duties and making its plans, studies, and

16  recommendations. The systemwide and university strategic plans

17  shall specifically include programs and procedures for

18  responding to the educational needs of teachers and students

19  in the public schools of this state.

20         (o)  Review Submit to the State Board of Education, for

21  approval, all new campuses and instructional centers approved

22  by the university boards of trustees board.

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

24  255.248, 255.249, 255.25, 255.28, 255.29, and 287.055, adopt

25  rules to administer a program for the maintenance and

26  construction of facilities in the State University System and

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

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

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

30  of the State Board of Education Regents when performing work

31

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  1  on or adjacent to property owned or used by the State Board of

  2  Education Regents or the State University System.

  3         (q)  Adopt rules to ensure compliance with the

  4  provisions of s. 287.0945, for all State University System

  5  procurement, and additionally, ss. 255.101 and 255.102, for

  6  construction contracts, and rules adopted pursuant thereto,

  7  relating to the utilization of minority business enterprises,

  8  except that procurements costing less than the amount provided

  9  for in CATEGORY FIVE as provided in s. 287.017 shall not be

10  subject to s. 287.0945(7)(a).

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

12  to implement provisions of law conferring duties upon it,

13  including, but not limited to, procedures to administer an

14  acquisition program for the purchase or lease of real and

15  personal property and contractual services pursuant to s.

16  240.205(6).

17         (s)  Monitor the extent of limited access programs

18  within the state universities and report to the Governor State

19  Board of Education and the Legislature admissions and

20  enrollment data for limited access programs.  Such report

21  shall be submitted by December 1, 1991, and annually

22  thereafter, and shall assist in determining the potential need

23  for academic program contracts with independent institutions

24  pursuant to s. 229.053.  The report shall include, for each

25  limited access program within each institution, the following

26  categories, by race and gender:

27         1.  The number of applicants.

28         2.  The number of applicants granted admission.

29         3.  The number of applicants who are granted admission

30  and enroll.

31         4.  The number of applicants denied admission.

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  1         5.  The number of applicants neither granted admission

  2  nor denied admission.

  3

  4  Each category shall be reported for each term.  Each category

  5  shall be reported by type of student, including the following

  6  subcategories: native student, community college associate in

  7  arts degree transfer student, and other student.  Each

  8  category and subcategory shall further be reported according

  9  to the number of students who meet or exceed the minimum

10  eligibility requirements for admission to the program and the

11  number of students who do not meet or exceed the minimum

12  eligibility requirements for admission to the program.

13         (t)  Adopt rules providing that each state university

14  shall advise students who meet the minimum requirements for

15  admission to the upper division of a state university, but are

16  denied admission to limited access programs, of the

17  availability of similar programs at other State University

18  System institutions and the admissions requirements of such

19  programs.

20         (4)  Any powers not specifically delegated to the

21  universities by this act shall be retained by the State Board

22  of Education Regents unless further delegated by action of the

23  board.

24         (5)  The State Board of Education Regents is

25  responsible for:

26         (a)  Maintaining access to state universities by

27  qualified students regardless of financial need.

28         (b)  Coordinating with the Postsecondary Education

29  Planning Commission the programs, including doctoral programs,

30  to be reviewed every 5 years or whenever the board determines

31  that the effectiveness or efficiency of a program is

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  1  jeopardized.  The board shall define the indicators of quality

  2  and the criteria for program review for every program.  Such

  3  indicators shall include need, student demand, and resources

  4  available to support continuation. The results of the program

  5  reviews shall be tied to the university budget requests.

  6         (c)  Coordinating the roles of the universities in

  7  order to best meet state needs and reflect cost-effective use

  8  of state resources.

  9         (d)  Advising the Legislature concerning opportunities

10  for bonding university revenues, including certificate of

11  participation bonds.

12         (e)  Reviewing and approving or disapproving

13  baccalaureate degree programs that exceed 120 semester hours,

14  after consideration of accreditation requirements, employment

15  and earnings of graduates, comparative program lengths

16  nationally, and comparisons of similar programs offered by

17  independent institutions. A two-thirds affirmative vote of the

18  members of the State Board of Education Regents must approve a

19  request.  By December 31 of each year, the State Board of

20  Education Regents must report to the Legislature any degrees

21  in the State University System which require more than 120

22  hours, along with appropriate evidence of need.  At least

23  every 5 years, the State Board of Education Regents must

24  determine whether the programs still require more than the

25  standard length of 120 hours.

26         (f)  Reviewing and approving or disapproving degree

27  programs identified by the Articulation Coordinating Committee

28  as unique pursuant to s. 229.551(1)(f)5. The State Board of

29  Education Regents shall ensure that university students are

30  aware of unique program prerequisites.

31

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  1         (g)  Ensuring that at least half of the required

  2  coursework for any baccalaureate degree in the system is

  3  offered at the lower-division level, except in program areas

  4  approved by the State Board of Education Regents pursuant to

  5  paragraph (e).

  6         (h)  Recommending to the Legislature a plan for the

  7  implementation of an increased matriculation charge for

  8  students taking coursework in excess of degree requirements.

  9         (i)  Recommending to the Legislature a plan for the

10  implementation of block tuition programs and other incentives

11  to encourage students to graduate in 4 years.

12         (6)  Notwithstanding the provisions of s. 216.262(1),

13  the State Board of Education Regents may authorize the rent or

14  lease of parking facilities provided that such facilities are

15  funded through parking fees or parking fines imposed by a

16  university. The board may authorize a university to charge

17  fees for parking at such rented or leased parking facilities.

18         (7)  The State Board of Education Regents is authorized

19  to permit full-time State University System employees who meet

20  academic requirements to enroll for up to 6 credit hours of

21  tuition-free courses per term on a space-available basis.

22         (8)  Notwithstanding the provisions of s. 283.33, books

23  published by the State University System press shall not be

24  subject to the bid requirements provided in s. 287.017.

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

26  State Board of Education Regents may, with the consent of the

27  Board of Trustees of the Internal Improvement Trust Fund,

28  sell, convey, transfer, exchange, trade, or purchase real

29  property and related improvements necessary and desirable to

30  serve the needs and purposes of a university in the State

31  University System.

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

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

  3  the Internal Improvement Trust Fund in securing appraisals.

  4  Whenever the board finds it necessary for timely property

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

  6  selection, with one or more appraisers whose names are

  7  contained on the list of approved appraisers maintained by the

  8  Division of State Lands in the Department of Environmental

  9  Protection.

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

11  contract before an appraisal is obtained.  The option contract

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

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

14  option contract may not exceed 10 percent of the estimate

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

16  parcel, whichever is greater, unless otherwise authorized by

17  the board.

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

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

20  Internal Improvement Trust Fund or the Division of State Lands

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

22  require policies and procedures to obtain clear legal title to

23  parcels purchased for state purposes.  Title to property

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

25  the Internal Improvement Trust Fund.

26         (10)  No school, college, or center at a state

27  university shall be named for a living person unless approved

28  by the State Board of Education Regents.

29         Section 46.  Section 240.2093, Florida Statutes, is

30  amended to read:

31

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  1         240.2093  State Board of Education Regents; issuance of

  2  bonds pursuant to s. 11(e), Art. VII, State Constitution.--

  3         (1)  Pursuant to s. 11(e), Art. VII of the State

  4  Constitution, the State Board of Education, which is

  5  responsible for Regents of the State University System,

  6  supported by the building fee, the capital improvement fee, or

  7  any other revenue approved by the Legislature for facilities

  8  construction, is authorized to request the issuance of bonds

  9  or other forms of indebtedness pursuant to the State Bond Act

10  to finance or refinance capital projects authorized by the

11  Legislature. In order to take advantage of economic

12  conditions, the Division of Bond Finance shall process

13  requests by the State Board of Education Regents to refinance

14  capital projects under this section on a priority basis.

15         (2)  The State Board of Education Regents may approve

16  the issuance of revenue bonds or other forms of indebtedness

17  by a direct-support organization when such revenue bonds or

18  other forms of indebtedness are used to finance or refinance

19  capital projects which are to provide facilities necessary and

20  desirable to serve the needs and purposes of the university,

21  as determined by the systemwide strategic plan adopted by the

22  State Board of Education Regents, and when the project has

23  been approved by the Legislature.

24         Section 47.  Section 240.2095, Florida Statutes, is

25  amended to read:

26         240.2095  State Board of Education Regents program

27  approval.--

28         (1)  The State Board of Education Regents shall

29  establish criteria for the approval of new programs at state

30  universities, which criteria include, but are not limited to,

31  the following:

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  1         (a)  New programs may not be approved unless the same

  2  objectives cannot be met through use of educational

  3  technology;

  4         (b)  Unnecessary duplication of programs offered by

  5  independent institutions shall be avoided;

  6         (c)  Cooperative programs, particularly within regions,

  7  should be encouraged; and

  8         (d)  New programs shall be approved only if they are

  9  consistent with the state master plans adopted by the State

10  Board of Education and the Board of Regents.

11         (2)  The State Board of Education Regents may approve

12  the addition of lower levels to an upper level university if

13  the plan by the university for implementation provides for:

14         (a)  A limitation on the enrollment of freshmen and

15  sophomores in the new lower divisions in recognition of the

16  community college system.

17         (b)  Coordination of implementation with nearby

18  independent and public postsecondary institutions regarding

19  numbers of students and kinds of programs to be offered.

20         (c)  Undergraduate education to remain the primary

21  thrust of the university.

22         (3)  The State Board of Education Regents may approve a

23  new graduate-level program if:

24         (a)  The university has taken into account the

25  offerings of its counterparts, including institutions in other

26  sectors, particularly at the regional level.

27         (b)  The addition of the program will not alter the

28  emphasis on undergraduate education.

29         (c)  The regional need and demand for the graduate

30  program was addressed and the community needs are obvious.

31

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  1         Section 48.  Section 240.2097, Florida Statutes, is

  2  amended to read:

  3         240.2097  Limited access status; transfer students;

  4  student handbook; HIV and AIDS policy.--The State Board of

  5  Education Regents shall adopt rules to include the following

  6  provisions:

  7         (1)  The criteria for assigning limited access status

  8  to an educational program shall be delineated.  A process for

  9  the periodic review of programs shall be identified so that

10  the board can determine the need for retention or removal of

11  limited access status.

12         (2)  Each university shall provide registration

13  opportunities for transfer students that allow such students

14  access to high demand courses comparable to that provided

15  native students.  Further, each university that provides an

16  orientation program for freshman enrollees shall also provide

17  orientation programs for transfer students.  Each orientation

18  program for freshmen or transfer students shall include

19  education on the transmission and prevention of human

20  immunodeficiency virus with emphasis on behavior and attitude

21  change.

22         (3)  Each university shall review and update as

23  necessary a student handbook that includes, but is not limited

24  to, student rights and responsibilities, appeals processes

25  available to students, a roster of contact persons within the

26  administrative staff available to respond to student

27  inquiries, and a statement as to the State University System

28  policy on acquired immune deficiency syndrome including the

29  name and telephone number of the university acquired immune

30  deficiency syndrome counselor. Each student handbook must

31  include a statement displayed prominently which provides that

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  1  the university will not tolerate the sale, possession, or use

  2  of controlled substances, with the exception of medication

  3  prescribed by a physician and taken in accordance with the

  4  prescribed usage, nor will the university tolerate the

  5  consumption of alcoholic beverages by students younger than 21

  6  years of age or the sale of alcoholic beverages to students

  7  younger than 21 years of age. Each student handbook must also

  8  list the legal and university-specific sanctions that will be

  9  imposed upon students who violate the law or university

10  policies regarding controlled substances and alcoholic

11  beverages.

12         (4)  The development of a comprehensive State

13  University System policy that addresses the provision of

14  instruction, information, and activities regarding human

15  immunodeficiency virus infection and acquired immune

16  deficiency syndrome.  Such instruction, information, or

17  activities shall emphasize the known modes of transmission of

18  human immunodeficiency virus infection and acquired immune

19  deficiency syndrome, signs and symptoms, associated risk

20  factors, appropriate behavior and attitude change and means

21  used to control the spread of human immunodeficiency virus

22  infection and acquired immune deficiency syndrome.

23         Section 49.  Section 240.2099, Florida Statutes, is

24  amended to read:

25         240.2099  Computer-assisted student advising system;

26  plans.--The Division of Universities Board of Regents and the

27  Division State Board of Community Colleges shall develop plans

28  for implementing a single, statewide computer-assisted student

29  advising system, which must be an integral part of the process

30  of advising, registering, and certifying students for

31  graduation. Plans shall include timelines for the

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  1  implementation of the system and shall be submitted to the

  2  Legislature by October 1, 1996. It is intended that an

  3  advising system be the primary advising and tracking tool for

  4  students enrolled in community colleges and universities and

  5  be accessible to students enrolled in each of the state

  6  universities, community colleges, and public secondary

  7  schools.  The State University System and the community

  8  college system shall establish a committee to oversee the

  9  development and maintenance of the advising system. The system

10  shall consist of a degree audit and an articulation component

11  that includes the following characteristics:

12         (1)  The system shall constitute an integral part of

13  the process of advising students and assisting them in course

14  selection.  The system shall be accessible to students in the

15  following ways:

16         (a)  A student must be able to access the system, at

17  any time, to identify course options that will meet the

18  requirements of a selected path toward a degree.

19         (b)  A status report from the system shall be generated

20  and sent with each grade report to each student with a

21  declared major.

22         (2)  The system shall be an integral part of the

23  registration process.  As part of the process, the system

24  shall:

25         (a)  Provide reports that document each student's

26  status toward completion of a degree.

27         (b)  Verify that a student has completed requirements

28  for graduation.

29         (3)  The system must provide management information to

30  decisionmakers, including information relating student

31  enrollment patterns and course demands to plans for

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  1  corresponding course offerings and information useful in

  2  planning the student registration process.

  3         Section 50.  Section 240.2111, Florida Statutes, is

  4  amended to read:

  5         240.2111  Employee recognition program.--

  6         (1)(a)  Notwithstanding the provisions of s. 110.1245,

  7  the Board of Regents and each university board of trustees

  8  shall adopt promulgate rules for an employee recognition

  9  program which provides for the following components:

10         1.  A superior accomplishment component to recognize

11  employees who have contributed outstanding and meritorious

12  service in their fields, including those who have made

13  exceptional contributions to efficiency, economy, or other

14  improvement in State university System operations.  No cash

15  award under the superior accomplishment component of the

16  program shall exceed $1,000, excluding applicable taxes.

17         2.  A satisfactory service component to recognize

18  employees who have achieved increments of 5 continuous years

19  of satisfactory service to the Board of Regents, university,

20  or state in appreciation and recognition of such service.  No

21  cash award granted under the satisfactory service component

22  shall exceed $50, excluding applicable taxes.

23         (b)  The Board of Regents and Each university board of

24  trustees is are authorized to expend funds for such

25  recognition and awards. Savings bonds may be awarded in lieu

26  of cash awards, provided that their cost does not exceed the

27  limits specified in this subsection. In addition,

28  certificates, pins, plaques, letters of commendation, and

29  other tokens of recognition may be awarded to an employee

30  eligible for recognition under either component of the

31

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  1  program, provided that the cost of such award does not exceed

  2  $50.

  3         (2)  In addition to the two components specified in

  4  subsection (1), the Board of Regents and each university board

  5  of trustees is are authorized to incur expenditures not to

  6  exceed $50 each to award suitable framed certificates,

  7  plaques, or other tokens of recognition to the following

  8  individuals:

  9         (a)  Retiring employees whose service with a the Board

10  of Regents or university has been satisfactory.

11         (b)  Any appointed member of a state board or

12  commission whose service to the State University System has

13  been satisfactory, upon the expiration of such board or

14  commission member's final term in such position.

15         Section 51.  Section 240.2112, Florida Statutes, is

16  amended to read:

17         240.2112  Incentive efficiency program; employee

18  bonuses.--The university boards of trustees are Board of

19  Regents is authorized to implement an incentive efficiency

20  program to stimulate and encourage the development and

21  implementation of ideas or procedures which eliminate or

22  reduce expenditures of the Board of Regents or a university or

23  which generate additional revenues. The savings or revenue

24  generation realized by a university or the Board of Regents

25  office under this program shall be used for employee incentive

26  bonuses or for qualitative improvements to the area generating

27  the savings or revenue or to other areas approved by the

28  university president and the university board of trustees

29  Board of Regents.  No individual may receive a bonus in excess

30  of 10 percent of the estimated savings that result from the

31

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  1  first year of complete implementation of the proposal, or

  2  $25,000, whichever is lower.

  3         Section 52.  Subsection (1) of section 240.301, Florida

  4  Statutes, is amended to read:

  5         240.301  Community colleges; definition, mission, and

  6  responsibilities.--

  7         (1)  State community colleges shall consist of all

  8  public educational institutions operated by community college

  9  district boards of trustees under statutory authority and

10  rules of the State Board of Education and the State Board of

11  Community Colleges. A community college may provide adult

12  education services, including adult basic education, adult

13  general education, adult secondary education, and general

14  educational development test instruction. The state community

15  colleges are locally based and governed entities with

16  statutory and funding ties to state government. As such, the

17  community colleges' mission reflects a commitment to be

18  responsive to local educational needs and challenges. In

19  achieving this mission, the colleges strive to maintain

20  sufficient local authority and flexibility while preserving

21  appropriate legal accountability to the state.

22         Section 53.  Section 240.3031, Florida Statutes, is

23  amended to read:

24         240.3031  Florida Community College System

25  defined.--The Florida Community College System shall consist

26  of the following:

27         (1)  The State Board of Community Colleges of the

28  Division of Community Colleges of the Department of Education.

29         (1)(2)  Brevard Community College.

30         (2)(3)  Broward Community College.

31         (3)(4)  Central Florida Community College.

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  1         (4)(5)  Chipola Junior College.

  2         (5)(6)  Daytona Beach Community College.

  3         (6)(7)  Edison Community College.

  4         (7)(8)  Florida Community College at Jacksonville.

  5         (8)(9)  Florida Keys Community College.

  6         (9)(10)  Gulf Coast Community College.

  7         (10)(11)  Hillsborough Community College.

  8         (11)(12)  Indian River Community College.

  9         (12)(13)  Lake City Community College.

10         (13)(14)  Lake-Sumter Community College.

11         (14)(15)  Manatee Community College.

12         (15)(16)  Miami-Dade Community College.

13         (16)(17)  North Florida Community College.

14         (17)(18)  Okaloosa-Walton Community College.

15         (18)(19)  Palm Beach Community College.

16         (19)(20)  Pasco-Hernando Community College.

17         (20)(21)  Pensacola Junior College.

18         (21)(22)  Polk Community College.

19         (22)(23)  St. Johns River Community College.

20         (23)(24)  St. Petersburg Junior College.

21         (24)(25)  Santa Fe Community College.

22         (25)(26)  Seminole Community College.

23         (26)(27)  South Florida Community College.

24         (27)(28)  Tallahassee Community College.

25         (28)(29)  Valencia Community College.

26         Section 54.  Sections 240.305, 240.307, and 240.309,

27  Florida Statutes, are repealed.

28         Section 55.  Section 240.311, Florida Statutes, is

29  amended to read:

30         240.311  Commissioner State Board of Community

31  Colleges; powers and duties.--

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  1         (1)  The Commissioner State Board of Community Colleges

  2  shall serve as the director of the Division of Community

  3  Colleges of the Department of Education.

  4         (2)  The State Board of Education Community Colleges is

  5  responsible for the operation and maintenance of a state

  6  community college system, as defined in s. 228.041(1)(b), in a

  7  coordinated, efficient, and effective manner. The State Board

  8  of Education Community Colleges has authority to adopt rules

  9  pursuant to ss. 120.536(1) and 120.54 to implement provisions

10  of law conferring duties upon it. Such rules and policies

11  shall be submitted to the State Board of Education for

12  approval.  If any rule is not disapproved by the State Board

13  of Education within 45 days of its receipt by the State Board

14  of Education, the rule shall be filed immediately with the

15  Department of State.

16         (3)  The State Board of Education Community Colleges

17  shall:

18         (a)  Provide for each community college to offer

19  educational training and service programs designed to meet the

20  needs of both students and the communities served.

21         (b)  Provide, through rule, for the coordination of the

22  Florida Community College System.

23         (c)  Review new associate degree, diploma, and

24  certificate programs for relationship to student demand;

25  conduct periodic reviews of existing programs; and provide

26  rules for termination of associate degree or certificate

27  programs when excessive duplication exists.

28         (d)  Ensure that the rules and procedures of community

29  college district boards relating to admission to, enrollment

30  in, employment in, and programs, services, functions, and

31

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  1  activities of each college provide equal access and equal

  2  opportunity for all persons.

  3         (e)  Advise presidents of community colleges of the

  4  fiscal policies adopted by the Legislature and of their

  5  responsibilities to follow such policies.

  6         (f)  Specify, by rule, procedures to be used by the

  7  boards of trustees in the annual evaluations of presidents and

  8  formally review the evaluations of presidents by the boards of

  9  trustees.

10         (g)  Establish Recommend to the State Board of

11  Education minimum standards for the operation of each

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

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

14  personnel, budgeting, accounting and financial procedures,

15  educational programs, student admissions and services, and

16  community services.

17         (h)  Establish an effective information system which

18  will provide composite data about the community colleges and

19  assure that special analyses and studies about the colleges

20  are conducted, as necessary, for provision of accurate and

21  cost-effective information about the colleges and about the

22  community college system as a whole.

23         (i)  Encourage the colleges and the system as a whole

24  to cooperate with other educational institutions and agencies

25  and with all levels and agencies of government in the interest

26  of effective utilization of all resources, programs, and

27  services.

28         (j)  Establish criteria for making recommendations

29  relative to modifying district boundary lines and for making

30  recommendations upon all proposals for the establishment of

31  additional centers or campuses for community colleges.

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  1         (k)  Develop a plan in cooperation with the local

  2  school district and the Department of Education to include any

  3  and all counties in a community college service district.

  4         (l)  Assess the need to consolidate any community

  5  colleges.

  6         (m)  Develop and adopt guidelines relating to salary

  7  and fringe benefit policies for community college

  8  administrators, including community college presidents.

  9         (n)  Develop and adopt guidelines relating to official

10  travel by community college employees.

11         (o)  Receive an annual administrative review of each

12  community college.

13         1.  Such review shall include, but is not limited to,

14  the administrator-to-faculty ratio, the percent of funds for

15  administrative costs in the total budget, and the percent of

16  funds in support programs compared to the percent of funds in

17  instructional programs and may include such other indicators

18  of quality as are necessary.

19         2.  The review shall also include all courses offered

20  by a community college outside its district.  Courses offered

21  outside the home district which are not approved by the State

22  Board of Education Community Colleges shall not be counted for

23  funding purposes or to meet enrollment assignments. For

24  purposes of this subparagraph, electronically originated

25  instruction, to include satellite, broadcast, and Internet

26  delivered instruction, shall be exempt. Exemption is only

27  permitted when the community college's intent is to offer the

28  instruction for students residing within the community

29  college's home district and only markets the instruction to

30  students residing within the community college's home

31  district. If a community college's intent is to market the

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  1  electronically originated instruction outside its home

  2  district and thus recruit students outside its home district,

  3  the community college must receive the approval of the State

  4  Board of Education Community Colleges. The State Board of

  5  Education Community Colleges shall have authority to review

  6  any electronically originated instruction for compliance with

  7  this section.

  8         (p)  Encourage and support activities which promote and

  9  advance college and statewide direct-support organizations.

10         (q)  Specify, by rule, the degree program courses that

11  may be taken by students concurrently enrolled in

12  college-preparatory instruction.

13         (4)  The State Board of Community Colleges shall

14  appoint, and may suspend or dismiss, an executive director of

15  the community college system. The board shall fix the

16  compensation for the executive director and for all other

17  professional, administrative, and clerical employees necessary

18  to assist the board and the executive director in the

19  performance of their duties.  The executive director shall

20  serve as executive officer and as secretary to the board;

21  shall attend, but not vote at, all meetings of the board

22  except when on authorized leave; shall be in charge of the

23  offices of the board, including appointment and termination of

24  staff; and shall be responsible for the preparation of reports

25  and the collection and dissemination of data and other public

26  information relating to the Florida Community College System.

27  The executive director shall conduct systemwide program

28  reviews for board approval; prepare the legislative budget

29  request for the system; and, upon the request of the board,

30  represent the system before the Legislature and the State

31  Board of Education, including representation in the

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  1  presentation of proposed rules to the State Board of

  2  Education.  The board may, by rule, delegate to the executive

  3  director any of the powers and duties vested in or imposed

  4  upon it by this part.  Under the supervision of the board, the

  5  executive director shall administer the provisions of this

  6  part and the rules established hereunder and all other

  7  applicable laws of the state.

  8         (4)(5)  The State Board of Education Community Colleges

  9  is responsible for reviewing and administering the state

10  program of support for the Florida Community College System

11  and, subject to existing law, shall:

12         (a)  Review and approve all budgets and recommended

13  budget amendments in the Florida Community College System.

14         (b)  Present Recommend to the Commissioner of Education

15  all requests for appropriations for inclusion in the

16  Commissioner of Education's budget presentation to the

17  Governor, as chief budget officer of the state, in the manner

18  provided in chapter 216.

19         (c)  Provide for and coordinate implementation of the

20  community college program fund in accordance with provisions

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

22  State Board of Education.

23         (d)  Adopt, and submit to the Legislature, a 3-year

24  list of priorities for fixed capital outlay projects.

25         (5)(6)  The State Board of Education Community Colleges

26  is authorized to exercise any other powers, duties, and

27  responsibilities necessary to carry out the purposes of this

28  part, except that powers and duties granted to the several

29  district boards of trustees by ss. 240.315, 240.317, 240.319,

30  and 447.203 shall remain with the several district boards of

31  trustees.

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  1         (6)(7)  The State Board of Education Community Colleges

  2  shall adopt rules and procedures to be followed by district

  3  boards of trustees for the recruitment, consideration, and

  4  selection process for presidents of the community colleges.

  5  The rules or procedures shall address, at a minimum, the

  6  following:  the composition of a search committee that

  7  provides for membership representing the gender and ethnic

  8  diversity of the community, faculty, students, and staff; the

  9  program mix of the community college and priorities of the

10  community and board of trustees; and a recruitment and

11  consideration process that provides a candidate pool with

12  ethnic and gender diversity appropriate for the community

13  college district. The district board of trustees is

14  responsible for the appointment of the community college

15  president, pursuant to s. 240.319(4)(a). Upon selection of a

16  president by a board of trustees, the board of trustees shall

17  submit a report to the State Board of Education Community

18  Colleges documenting compliance with this subsection.

19         (7)(8)(a)  The State Board of Education Community

20  Colleges is authorized to develop and produce work products

21  which relate to mechanisms to provide for consolidated and

22  coordinated program development and educational endeavors to

23  support distance learning instruction which are subject to

24  trademark, copyright, or patent statutes.  To this end, the

25  board shall consider the relative contribution by the

26  personnel employed in the development of such work products

27  and shall enter into binding agreements with such personnel,

28  organizations, corporations, or government entities, which

29  agreements shall establish the percentage of ownership of such

30  trademarks, copyrights, or patents.  Any other law to the

31

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  1  contrary notwithstanding, the board is authorized in its own

  2  name to:

  3         1.  Perform all things necessary to secure letters of

  4  patent, copyrights, and trademarks on any such work products

  5  and to enforce its rights therein.

  6         2.  License, lease, assign, or otherwise give written

  7  consent to any person, firm, or corporation for the

  8  manufacture or use thereof on a royalty basis or for such

  9  other consideration as the board deems proper.

10         3.  Take any action necessary, including legal action,

11  to protect the same against improper or unlawful use or

12  infringement.

13         4.  Enforce the collection of any sums due the board

14  for the manufacture or use thereof by any other party.

15         5.  Sell any such work products and execute all

16  instruments necessary to consummate any such sale.

17         6.  Perform all other acts necessary and proper for the

18  execution of powers and duties provided by this paragraph.

19

20  Any proceeds therefrom shall be deposited and expended by a

21  Florida not-for-profit corporation, incorporated under the

22  provisions of chapter 617 and approved by the Department of

23  State, to be used as directed by the board to pay the cost of

24  producing and disseminating educational materials and products

25  to carry out the intent of this act.  Any action taken by the

26  board in securing or exploiting such trademarks, copyrights,

27  or patents shall, within 30 days, be reported by the board to

28  the Department of State.

29         (b)  The board is authorized to publish, produce, or

30  have produced materials and products and shall make them

31  readily available for appropriate use in the state system of

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  1  education. The board is authorized to charge an amount

  2  adequate to cover the essential cost of producing and

  3  disseminating such materials and products in the state system

  4  of education and is authorized to sell copies for educational

  5  use to nonpublic schools in the state and to the public.

  6         (c)  Any Florida not-for-profit corporation receiving

  7  funds pursuant to this section shall make provisions for an

  8  annual postaudit of its financial accounts to be conducted by

  9  an independent certified public accountant in accordance with

10  rules to be adopted by the board.  The annual audit report

11  shall be submitted to the Auditor General and the board for

12  review.  The board and the Auditor General shall have the

13  authority to require and receive from the organization or from

14  its independent auditor any detail or supplemental data

15  relative to the operation of the organization.

16         (d)  By December 31, 1999, and Annually thereafter, the

17  State Board of Education Community Colleges shall report on

18  the implementation of this section to the Governor, the

19  Speaker of the House of Representatives, and the President of

20  the Senate.

21         Section 56.  Subsection (3) of section 240.313, Florida

22  Statutes, is amended to read:

23         240.313  Community college districts; establishment and

24  organization of boards of trustees.--

25         (3)  Trustees shall be appointed by the Governor,

26  approved by four members of the State Board of Education, and

27  confirmed by the Senate in regular session; however, no

28  appointee shall take office until after his or her appointment

29  has been approved by four members of the State Board of

30  Education; further, the State Board of Education shall develop

31  rules and procedures for review and approval of the

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  1  appointees. Prior to the time the Governor appoints any member

  2  of any community college district board of trustees, the

  3  school board or boards in the community college district may

  4  submit to the Governor for his or her consideration the names

  5  of two or more persons for each office.

  6         Section 57.  Section 240.317, Florida Statutes, is

  7  amended to read:

  8         240.317  Community colleges; legislative intent.--It is

  9  the legislative intent that community colleges, constituted as

10  political subdivisions of the state, continue to be operated

11  by district boards of trustees as provided in s. 240.315 and

12  that no department, bureau, division, agency, or subdivision

13  of the state exercise any responsibility and authority to

14  operate any community college of the state except as

15  specifically provided by law or rules of the State Board of

16  Education and State Board of Community Colleges.

17         Section 58.  Section 240.319, Florida Statutes, is

18  amended to read:

19         240.319  Community college district boards of trustees;

20  duties and powers.--

21         (1)  Each community college district board of trustees

22  is vested with the responsibility to operate its respective

23  community college and with such necessary authority as is

24  needed for the proper operation and improvement thereof in

25  accordance with rules of the State Board of Education and

26  State Board of Community Colleges.

27         (2)  The board of trustees, after considering

28  recommendations submitted by the community college president,

29  has authority to adopt rules pursuant to ss. 120.536(1) and

30  120.54 to implement the provisions of law conferring duties

31  upon it.  These rules may supplement those prescribed by the

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  1  State Board of Education and the State Board of Community

  2  Colleges if they will contribute to the more orderly and

  3  efficient operation of the Florida Community College System.

  4         (3)  Each community college district board of trustees

  5  is specifically authorized to adopt rules, procedures, and

  6  policies, consistent with law and rules of the State Board of

  7  Education and State Board of Community Colleges, related to

  8  its mission and responsibilities as set forth in s. 240.301,

  9  its governance, personnel, budget and finance, administration,

10  programs, curriculum and instruction, buildings and grounds,

11  travel and purchasing, technology, students, contracts and

12  grants, or college property.

13         (4)  Such rules, procedures, and policies for the

14  boards of trustees include, but are not limited to, the

15  following:

16         (a)  Each board of trustees shall appoint, suspend, or

17  remove the president of the community college.  The board of

18  trustees may appoint a search committee.  The board of

19  trustees shall conduct periodic evaluations of the president

20  in accordance with rules of the State Board of Education

21  Community Colleges and submit such evaluations to the State

22  Board of Education Community Colleges for review.

23         (b)  Each board of trustees has responsibility for the

24  establishment and discontinuance of program and course

25  offerings; provision for instructional and noninstructional

26  community services, the location of classes, the and services

27  provided,; and the dissemination of information concerning

28  such programs and services.

29         (c)  Each board of trustees constitutes the contracting

30  agent of the community college.  It may when acting as a body

31  make contracts, sue, and be sued in the name of the board of

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  1  trustees. In any suit, a change in personnel of the board

  2  shall not abate the suit, which shall proceed as if such

  3  change had not taken place. Each board may adopt rules,

  4  procedures, and policies related to contracts and contract

  5  management.

  6         (d)  Whenever the Department of Education finds it

  7  necessary for the welfare and convenience of any community

  8  college to acquire private property for the use of the

  9  community college and the property cannot be acquired by

10  agreement satisfactory to the district board of trustees of

11  the community college and the parties interested in, or the

12  owners of, the private property, the district board of

13  trustees may exercise the right of eminent domain after

14  receiving approval therefor from the State Board of Education

15  and may then proceed to condemn the property in the manner

16  provided by chapter chapters 73 or chapter and 74.

17         (e)  Each board of trustees may enter into

18  lease-purchase arrangements with private individuals or

19  corporations for necessary grounds and buildings for community

20  college purposes, other than dormitories, or for buildings

21  other than dormitories to be erected for community college

22  purposes. Such arrangements shall be paid from capital outlay

23  and debt service funds as provided by s. 240.359(2), with

24  terms not to exceed 30 years at a stipulated rate.  The

25  provisions of such contracts, including building plans, are

26  subject to approval by the Department of Education, and no

27  such contract may be entered into without such approval.  The

28  State Board of Education may adopt such rules as it deems

29  necessary to administer this paragraph.

30         (f)  Each board of trustees may purchase, acquire,

31  receive, hold, own, manage, lease, sell, dispose of, and

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  1  convey title to real property, in the best interests of the

  2  college, pursuant to rules adopted by the State Board of

  3  Education.

  4         (g)  Each board of trustees is authorized to enter into

  5  agreements for, and accept, credit card payments as

  6  compensation for goods, services, tuition, and fees.  Each

  7  community college is further authorized to establish accounts

  8  in credit card banks for the deposit of credit card sales

  9  invoices.

10         (h)  Each board of trustees may adopt, by rule, a

11  uniform code of appropriate penalties for violations of its

12  rules by students and employees. Such penalties, unless

13  otherwise provided by law, may include fines, the withholding

14  of diplomas or transcripts pending compliance with rules or

15  payment of fines, and the imposition of probation, suspension,

16  or dismissal.

17         (i)  Each board of trustees may consider the past

18  actions of any person applying for admission or employment and

19  may provide, by board rule or procedure, for denying

20  admission, enrollment, or employment to a person if past

21  actions have been found to disrupt or interfere with the

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

23  other university, college, or community college.

24         (j)  Each board of trustees is authorized to develop

25  and produce work products relating to educational endeavors

26  which are subject to trademark, copyright, or patent statutes.

27  To this end, the board shall consider the relative

28  contribution by the personnel employed in the development of

29  such work products and shall enter into binding agreements

30  with such personnel, organizations, corporations, or

31  government entities, which agreements shall establish the

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  1  percentage of ownership of such trademarks, copyrights, or

  2  patents.  Any other law to the contrary notwithstanding, the

  3  board of trustees is authorized in its own name to:

  4         1.  Perform all things necessary to secure letters of

  5  patent, copyrights, and trademarks on any such work products

  6  and to enforce its rights therein.

  7         2.  License, lease, assign, or otherwise give written

  8  consent to any person, firm, or corporation for the

  9  manufacture or use thereof on a royalty basis or for such

10  other consideration as the board deems proper.

11         3.  Take any action necessary, including legal action,

12  to protect the same against improper or unlawful use of

13  infringement.

14         4.  Enforce the collection of any sums due the board

15  for the manufacture or use thereof by any other party.

16         5.  Sell any of the same and execute all instruments

17  necessary to consummate any such sale.

18         6.  Do all other acts necessary and proper for the

19  execution of powers and duties provided by this paragraph.

20         (k)  Each board of trustees shall provide rules

21  governing parking and the direction and flow of traffic within

22  campus boundaries and may hire appropriate personnel to

23  enforce campus parking rules.  Such persons have no authority

24  to arrest or issue citations for moving traffic violations.

25  The board of trustees may adopt, by rule, a uniform code of

26  appropriate penalties for violations.  Such penalties, unless

27  otherwise provided by law, may include the levying of fines,

28  the withholding of diplomas or transcripts pending compliance

29  with rules or payment of fines, and the imposition of

30  probation, suspension, or dismissal.  Moneys collected from

31  parking rule infractions shall be deposited in appropriate

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  1  funds at each community college for student financial aid

  2  purposes.

  3         (l)1.  Each board of trustees may adopt rules,

  4  procedures, and policies related to the appointment,

  5  employment, and removal of personnel.  The board shall

  6  determine the compensation, including salaries and fringe

  7  benefits, and other conditions of employment for such

  8  personnel, including the president.

  9         2.  The board is authorized to enter into a contract

10  with the president in accordance with the provisions of this

11  chapter. Any such contract may fix the duration of employment

12  and the compensation therefor and may contain any other terms

13  and conditions the board deems appropriate.  In addition, the

14  board may furnish the president with the use of a motor

15  vehicle or an allowance in lieu thereof. If any such vehicle

16  is furnished, the board shall determine and fix the maximum

17  noncollege use of the same.  Each board of trustees shall

18  adopt, by rule, procedures governing the employment and

19  dismissal of the community college president. Such rule shall

20  be incorporated into the contract for employment.

21         (m)  Each board of trustees may provide for recognition

22  of employees who have contributed outstanding and meritorious

23  service in their fields and may adopt and implement a program

24  of meritorious service awards to employees who propose

25  procedures or ideas that are adopted and that will result in

26  eliminating or reducing community college expenditures or

27  improving community college operations.  The community college

28  is authorized to expend funds for such recognition and awards.

29  An award granted under the provisions of this paragraph may

30  not exceed $2,000 or 10 percent of the first year's gross

31  savings, whichever is greater.

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  1         (n)  Each board of trustees may adopt rules,

  2  procedures, and policies related to students, enrollment of

  3  students, student activities, loans, scholarships, and other

  4  student services.

  5         (o)  Each board of trustees may adopt rules,

  6  procedures, and policies related to risk management, safety,

  7  security, and law enforcement operations. Each board of

  8  trustees is authorized to employ personnel to carry out the

  9  duties imposed by this paragraph.

10         (p)  Each board of trustees is authorized to contract

11  for the purchase, lease, or acquisition in any manner

12  (including purchase by installment or lease-purchase contract

13  which may provide for the payment of interest on the unpaid

14  portion of the purchase price and for the granting of a

15  security interest in the items purchased) of goods, materials,

16  equipment, and services required by the college.  The board of

17  trustees may choose to consolidate equipment contracts under

18  master equipment financing agreements made pursuant to s.

19  287.064.

20         (q)  Each board of trustees is authorized to establish

21  and maintain a personnel exchange program by which persons

22  employed within the community college as vocational

23  instructors and comparable administrative and professional

24  staff may be exchanged with persons employed in like

25  capacities by institutions of higher learning which are not

26  under the jurisdiction of the community college, by units of

27  government either within or without this state, or by private

28  industry.  The salary and benefits of community college and

29  state personnel participating in the exchange program shall be

30  continued during the period of time they participate in the

31  exchange program, and such personnel shall be deemed to have

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  1  no break in creditable or continuous state service or

  2  employment during the period of time in which they participate

  3  in the exchange program. The salary and benefits of persons

  4  participating in the personnel exchange program who are

  5  employed by institutions, units of government, or private

  6  industry shall be paid by the originating employers of those

  7  participants.  The duties and responsibilities of a person

  8  participating in the exchange program shall be the same as

  9  those of the person he or she replaces.

10         (r)  Each board of trustees is authorized to enter into

11  contracts to provide a State Community College System Optional

12  Retirement Program pursuant to s. 240.3195 and to enter into

13  consortia with other boards of trustees for this purpose.

14         (s)  Each board of trustees has responsibility for:

15  ensuring that students have access to general education

16  courses as identified in rule; requiring no more than 60

17  semester hours of degree program coursework, including 36

18  semester hours of general education coursework, for an

19  associate in arts degree; notifying students that earned hours

20  in excess of 60 semester hours may not be accepted by state

21  universities; notifying students of unique program

22  prerequisites identified pursuant to s. 240.209(5)(f); and

23  ensuring that degree program coursework beyond general

24  education coursework is consistent with degree program

25  prerequisite requirements adopted pursuant to s.

26  229.551(1)(f)5.

27         (t)  Each board of trustees is authorized to borrow

28  funds and incur debt, including entering into lease-purchase

29  agreements and the issuance of revenue bonds as specifically

30  authorized and only for the purposes authorized in ss.

31  239.117(15) and (16) and 240.35(14) and (15). At the option of

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  1  the board of trustees, bonds may be issued which are secured

  2  by a combination of revenues authorized to be pledged to bonds

  3  pursuant to ss. 239.117(15) and 240.35(14) or ss. 239.117(16)

  4  and 240.35(15). Lease-purchase agreements may be secured by a

  5  combination of revenues as specifically authorized pursuant to

  6  ss. 239.117(18) and 240.35(16).

  7         (u)  Each board of trustees may adopt rules,

  8  procedures, and policies related to compliance with federal

  9  laws, regulations, and requirements.

10         (v)  Each board of trustees may adopt rules,

11  procedures, and policies related to institutional governance,

12  administration, and management in order to promote orderly and

13  efficient operation, including, but not limited to, financial

14  management, budget management, physical plant management, and

15  property management.

16         (w)  Each board of trustees may adopt rules,

17  procedures, and policies related to data or technology,

18  including but not limited to, information systems,

19  communications systems, computer hardware and software, and

20  networks.

21         (x)  Each board of trustees may adopt rules,

22  procedures, and policies related to the use, maintenance,

23  protection, and control of buildings and grounds, property, or

24  equipment.

25         Section 59.  Subsection (1) of section 246.031, Florida

26  Statutes, is amended to read:

27         246.031  State Board of Independent Colleges and

28  Universities.--

29         (1)  There shall be established in the Department of

30  Education, Division of Administration, a State Board of

31  Independent Colleges and Universities. The department shall

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  1  serve as the administrative agent of the board by providing

  2  services, including payroll, procurement, and legal counsel.

  3  The board shall exercise independently all duties prescribed

  4  by law.

  5         Section 60.  Paragraphs (r), (s) and (t) of subsection

  6  (1) of section 246.041, Florida Statutes, are amended to read:

  7         246.041  Powers and duties of board.--

  8         (1)  The board shall:

  9         (r)  Provide information and documentation on an annual

10  basis to the Bureau Office of Student Financial Assistance of

11  the Division of Administration of the Department of Education

12  regarding the requirements set forth for nonpublic colleges in

13  s. 240.605, relating to William L. Boyd, IV, Florida resident

14  access grants, s. 240.6055, relating to access grants for

15  community college graduates, and s. 240.609, relating to

16  Florida postsecondary endowment grants.

17         (s)  Cooperate with the Board of Regents and the

18  Department of Education, pursuant to s. 240.53, in

19  establishing one or more approved postdoctoral training

20  programs to train currently employed college or university

21  faculty to deliver postsecondary courses, inservice training

22  programs, and technical assistance related to middle childhood

23  education programs.

24         (t)  Provide annually to the Bureau Office of Student

25  Financial Assistance, Division of Administration, of the

26  Department of Education information and documentation which

27  can be used in determining a college's eligibility to

28  participate in state student financial assistance programs.

29         Section 61.  Subsection (1) of section 246.205, Florida

30  Statutes, is amended to read:

31         246.205  State Board of Nonpublic Career Education.--

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  1         (1)  There shall be established in the Division of

  2  Administration of the Department of Education a State Board of

  3  Nonpublic Career Education.  The board shall be assigned to

  4  the Department of Education only for the purpose of payroll,

  5  procurement, and related administrative functions which shall

  6  be exercised by the head of the department.  The board shall

  7  independently exercise the other powers, duties, and functions

  8  prescribed by law.  The board shall include nine members,

  9  appointed by the Governor as follows:

10         (a)  One from a business school;

11         (b)  One from a technical school;

12         (c)  One from a home study school;

13         (d)  One from a nonpublic school;

14         (e)  Four from business and industry; and

15         (f)  An administrator of vocational-technical education

16  from a public school district or community college.

17         Section 62.  The State Board of Education shall place

18  the positions of Commissioner of Education, Superintendent of

19  Public Instruction, Commissioner of Community Colleges, and

20  the Chancellor of the State University System in the Executive

21  Service of the State University System or in pay grade 950 or

22  above of the Senior Management Service for the purposes of

23  establishing salaries and benefits.

24         Section 63.  Paragraphs (a) and (m) of subsection (4)

25  of section 411.01, Florida Statutes, are amended to read:

26         411.01  Florida Partnership for School Readiness;

27  school readiness coalitions.--

28         (4)  FLORIDA PARTNERSHIP FOR SCHOOL READINESS.--

29         (a)  There is created the Florida Partnership for

30  School Readiness with responsibility for adopting and

31  maintaining coordinated programmatic, administrative, and

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  1  fiscal policies and standards for all school readiness

  2  programs, while allowing a wide range of programmatic

  3  flexibility and differentiation. The partnership is assigned

  4  to the Division of Administration, Department of Education,

  5  Executive Office of the Governor for administrative purposes.

  6         (m)  The Florida Partnership for School Readiness is an

  7  independent budget entity and shall have a budget that is,

  8  shall be financed through an annual appropriation made for

  9  this purpose in the General Appropriations Act, and shall be

10  subject to compliance audits and annual financial audits by

11  the Auditor General.

12

13  To ensure that the system for measuring school readiness is

14  comprehensive and appropriate statewide, as the system is

15  developed and implemented, the partnership must consult with

16  representatives of district school systems, providers of

17  public and private child care, health care providers, large

18  and small employers, experts in education for children with

19  disabilities, and experts in child development.

20         Section 64.  (1)  The Educational Governance Transition

21  Task Force is established. All members of the task force shall

22  be appointed prior to September 1, 2000. The task force shall

23  be composed of:

24         (a)  Three members appointed by the Governor;

25         (b)  Two members appointed by the President of the

26  Senate;

27         (c)  Two members appointed by the Speaker of the House

28  of Representatives;

29         (d)  Two members appointed by the Commissioner of

30  Education;

31         (e)  One member appointed by the Board of Regents; and

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  1         (f)  One member appointed by the State Board of

  2  Community Colleges.

  3         (2)  The organizational meeting of the task force shall

  4  take place no later than October 1, 2000. The members of the

  5  task force shall elect a chair by majority vote. The task

  6  force is administratively assigned to, and shall be staffed

  7  by, the Department of Education. Members of the task force

  8  shall serve without compensation, but shall be reimbursed for

  9  per diem and travel expenses as provided in section 112.061,

10  Florida Statutes.

11         (3)  The purpose of the task force is to review the

12  Florida Statutes and rules related to educational governance

13  in Florida and, based upon the changes made to that structure

14  by this act:

15         (a)  Recommend amendments to statutes and rules to

16  reflect the changes made by this act;

17         (b)  Identify any organizational problems, including,

18  but not limited to, communication between divisions and local

19  boards, technical assistance and other services provided to

20  local boards, differences in personnel systems, and to

21  recommend solutions to the identified problems;

22         (c)  Identify any issues related to technology,

23  including coordination or incompatibility of technology

24  systems, to suggest systems, and to suggest solutions to

25  identified problems; and

26         (d)  Recommend methods to improve departmental

27  accountability, including, but not limited to, modification of

28  performance measures.

29         (3)  The task force may procure information and

30  assistance from any officer or agency of the state or any

31  subdivision thereof. All such officials and agencies shall

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  1  give the task force all relevant information and assistance on

  2  any matter within their knowledge or control.

  3         (4)  The task force shall submit an initial report to

  4  the Governor, the President of the Senate, and the Speaker of

  5  the House of Representatives by no later than January 1, 2001.

  6         (5)  The task force shall submit a final report to the

  7  Governor, the President of the Senate, and the Speaker of the

  8  House of Representatives by no later than January 1, 2002.

  9         (6)  The task force terminates upon submission of the

10  final report.

11         Section 65.  Except for this section and section 64,

12  which creates the Educational Governance Task Force, which

13  shall take effect July 1, 2000, this act shall take effect

14  January 7, 2003.

15

16

17

18

19

20

21

22

23

24

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1680

  3

  4  Designates the State Board of Education as the head of the
    Department of Education.
  5
    Creates four divisions in the Department of Education: (1)
  6  Division of Administration, which is directed by the
    Commissioner of Education; (2) Division of Community Colleges,
  7  which is directed by the Commissioner of Community Colleges;
    (3) Division of Public Schools, which is directed by the
  8  Superintendent of Public Instruction; and (4) Division of
    Universities, which is headed by the Chancellor.
  9
    The members of the State Board of Education are appointed to
10  4-year staggered terms by the Governor and confirmed by the
    Senate. The chairman of the board is elected by a majority
11  vote of the members to a 2-year term, but cannot succeed
    himself or herself. The Governor may reappoint members to the
12  State Board of Education. The State Board of Education must
    meet at least once a month.
13
    Abolishes Board of Regents and State Board of Community
14  Colleges. Provides for establishment of 9-member board of
    trustees at each university.
15
    Budget and course approval authority assigned to State Board
16  of Education.

17  Provides for Educational Governance Transition Task Force.

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                 149