Senate Bill 2062c1
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Florida Senate - 2000 CS for SB 2062
By the Committee on Education and Senators Horne, King and
Mitchell
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1 A bill to be entitled
2 An act relating to rulemaking authority for the
3 State University System (RAB); amending s.
4 240.209, F.S.; authorizing the Board of Regents
5 to adopt certain systemwide rules; amending s.
6 240.227, F.S.; authorizing each university
7 president to adopt rules implementing
8 provisions of law governing the operation and
9 administration of the university; providing for
10 specific areas in which such authority is to be
11 exercised; amending s. 240.229, F.S., relating
12 to patents, copyrights, and trademarks;
13 authorizing each university to adopt rules, as
14 necessary, to carry out the powers and duties
15 enumerated in this section; amending s.
16 240.233, F.S.; authorizing each university
17 president to adopt rules governing the
18 admission of students; amending s. 240.241,
19 F.S., relating to divisions of sponsored
20 research at state universities; authorizing
21 each university president to adopt rules to
22 implement this section; amending s. 240.261,
23 F.S.; authorizing universities to adopt rules
24 pertaining to codes of conduct, and penalties
25 for violating such codes, for students and
26 university employees; providing for rules and
27 penalties relating to student academic honesty;
28 amending s. 240.291, F.S., relating to
29 delinquent accounts; providing for each
30 university to adopt rules to implement this
31 section; providing an effective date.
1
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1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Section 240.209, Florida Statutes, is
4 amended to read:
5 240.209 Board of Regents; powers and duties.--
6 (1) The Board of Regents is authorized to adopt
7 primarily responsible for adopting systemwide rules pursuant
8 to ss. 120.536(1) and 120.54 to implement provisions of law
9 conferring duties upon it; to plan planning for the future
10 needs of the State University System; to plan planning the
11 programmatic, financial, and physical development of the
12 system; to review reviewing and evaluate evaluating the
13 instructional, research, and service programs at the
14 universities; to coordinate coordinating program development
15 among the universities; and to monitor monitoring the fiscal
16 performance of the universities.
17 (2) The Board of Regents shall appoint a Chancellor to
18 serve at its pleasure who shall perform such duties as are
19 assigned to him or her by the board. The board shall fix the
20 compensation and other conditions of employment for the
21 Chancellor. The board shall also provide for the compensation
22 and other conditions of employment for employees necessary to
23 assist the board and the Chancellor in the performance of
24 their duties. The Chancellor shall be the chief administrative
25 officer of the board and shall be responsible for appointing
26 all employees of the board who shall serve under his or her
27 direction and control. The Chancellor must be qualified by
28 training and experience to understand the problems and needs
29 of the state in the field of postsecondary education. Search
30 committee activities for the selection of the Chancellor up to
31 the point of transmitting a list of nominees to the Board of
2
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1 Regents shall be confidential and exempt from the provisions
2 of ss. 119.07(1) and 286.011.
3 (3) The board shall:
4 (a) Develop a plan for the future expansion of the
5 State University System and recommend the establishment of new
6 universities consistent with the criteria adopted by the State
7 Board of Education pursuant to s. 229.053. The plan must
8 include a procedure for the periodic assessment of the need
9 for a new state university and specific standards for the
10 minimum acreage, building space, staffing, and programmatic
11 mix of state universities.
12 (b) Appoint or remove the president of each university
13 in accordance with procedures and rules adopted by the Board
14 of Regents. The board may appoint a search committee to
15 assist in evaluating presidential candidates. Each appointment
16 of a university president shall be conducted in accordance
17 with the provisions of ss. 119.07 and 286.011. The board shall
18 determine the compensation and other conditions of employment
19 for each president.
20 (c) Approve new degree programs for all state
21 universities. In so doing, the board shall be mindful of the
22 differentiated missions of the several universities. New
23 colleges, schools, or functional equivalents of any program
24 leading to a degree which is offered as a credential for a
25 specific license granted under the Florida Statutes or the
26 State Constitution shall not be established without the
27 specific approval of the Legislature.
28 (d) Prepare the legislative budget requests, including
29 fixed capital outlay requests, in accordance with chapter 216
30 and s. 235.41. The board shall provide to the individual
31 universities fiscal policy guidelines, formats, and
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1 instructions for the development of individual university
2 budget requests.
3 (e) Establish student fees.
4 1. By no later than December 1 of each year, the board
5 shall raise the systemwide standard for resident undergraduate
6 matriculation and financial aid fees for the subsequent fall
7 term, up to but no more than 25 percent of the prior year's
8 cost of undergraduate programs. In implementing this
9 paragraph, fees charged for graduate, medical, veterinary, and
10 dental programs may be increased by the Board of Regents in
11 the same percentage as the increase in fees for resident
12 undergraduates. However, in the absence of legislative action
13 to the contrary in an appropriations act, the board may not
14 approve annual fee increases for resident students in excess
15 of 10 percent. The sum of nonresident student matriculation
16 and tuition fees must be sufficient to defray the full cost of
17 undergraduate education. Graduate, medical, veterinary, and
18 dental fees charged to nonresidents may be increased by the
19 board in the same percentage as the increase in fees for
20 nonresident undergraduates. However, in implementing this
21 policy and in the absence of legislative action to the
22 contrary in an appropriations act, annual fee increases for
23 nonresident students may not exceed 25 percent. In the absence
24 of legislative action to the contrary in the General
25 Appropriations Act, the fees shall go into effect for the
26 following fall term.
27 2. When the appropriations act requires a new fee
28 schedule, the board shall establish a systemwide standard fee
29 schedule required to produce the total fee revenue established
30 in the appropriations act based on the product of the assigned
31 enrollment and the fee schedule. The board may approve the
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1 expenditure of any fee revenues resulting from the product of
2 the fee schedule adopted pursuant to this section and the
3 assigned enrollment.
4 3. Upon provision of authority in a General
5 Appropriations Act to spend revenue raised pursuant to this
6 section, the board shall approve a university request to
7 implement a matriculation and out-of-state tuition fee
8 schedule which is calculated to generate revenue which varies
9 no more than 10 percent from the standard fee revenues
10 authorized through an appropriations act. In implementing an
11 alternative fee schedule, the increase in cost to a student
12 taking 15 hours in one term shall be limited to 5 percent.
13 Matriculation and out-of-state tuition fee revenues generated
14 as a result of this provision are to be expended for
15 implementing a plan for achieving accountability goals adopted
16 pursuant to s. 240.214 and for implementing a Board of
17 Regents-approved plan to contain student costs by reducing the
18 time necessary for graduation without reducing the quality of
19 instruction. The plans shall be recommended by a
20 universitywide committee, at least one-half of whom are
21 students appointed by the student body president. A
22 chairperson, appointed jointly by the university president and
23 the student body president, shall vote only in the case of a
24 tie.
25 4. The board is authorized to collect for financial
26 aid purposes an amount not to exceed 5 percent of the student
27 tuition and matriculation fee per credit hour. The revenues
28 from fees are to remain at each campus and replace existing
29 financial aid fees. Such funds shall be disbursed to students
30 as quickly as possible. The board shall specify specific
31 limits on the percent of the fees collected in a fiscal year
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1 which may be carried forward unexpended to the following
2 fiscal year. A minimum of 50 percent of funds from the student
3 financial aid fee shall be used to provide financial aid based
4 on absolute need. A student who has received an award prior to
5 July 1, 1984, shall have his or her eligibility assessed on
6 the same criteria that was used at the time of his or her
7 original award.
8 5. The board may recommend to the Legislature an
9 appropriate systemwide standard matriculation and tuition fee
10 schedule.
11 6. The Education and General Student and Other Fees
12 Trust Fund is hereby created, to be administered by the
13 Department of Education. Funds shall be credited to the trust
14 fund from student fee collections and other miscellaneous fees
15 and receipts. The purpose of the trust fund is to support the
16 instruction and research missions of the State University
17 System. Notwithstanding the provisions of s. 216.301, and
18 pursuant to s. 216.351, any balance in the trust fund at the
19 end of any fiscal year shall remain in the trust fund and
20 shall be available for carrying out the purposes of the trust
21 fund.
22 7. The board is further authorized to establish the
23 following fees:
24 a. A nonrefundable application fee in an amount not to
25 exceed $30.
26 b. An admissions deposit fee for the University of
27 Florida College of Dentistry in an amount not to exceed $200.
28 c. An orientation fee in an amount not to exceed $35.
29 d. A fee for security, access, or identification
30 cards. The annual fee for such a card may not exceed $10 per
31
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1 card. The maximum amount charged for a replacement card may
2 not exceed $15.
3 e. Registration fees for audit and zero-hours
4 registration; a service charge, which may not exceed $15, for
5 the payment of tuition in installments; and a
6 late-registration fee in an amount not less than $50 nor more
7 than $100 to be imposed on students who fail to initiate
8 registration during the regular registration period.
9 f. A late-payment fee in an amount not less than $50
10 nor more than $100 to be imposed on students who fail to pay
11 or fail to make appropriate arrangements to pay (by means of
12 installment payment, deferment, or third-party billing)
13 tuition by the deadline set by each university. Each
14 university may adopt specific procedures or policies for
15 waiving the late-payment fee for minor underpayments.
16 g. A fee for miscellaneous health-related charges for
17 services provided at cost by the university health center
18 which are not covered by the health fee set under s.
19 240.235(1).
20 h. Materials and supplies fees to offset the cost of
21 materials or supplies that are consumed in the course of the
22 student's instructional activities, excluding the cost of
23 equipment replacement, repairs, and maintenance.
24 i. Housing rental rates and miscellaneous housing
25 charges for services provided by the university at the request
26 of the student.
27 j. A charge representing the reasonable cost of
28 efforts to collect payment of overdue accounts.
29 k. A service charge on university loans in lieu of
30 interest and administrative handling charges.
31
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1 l. A fee for off-campus course offerings when the
2 location results in specific, identifiable increased costs to
3 the university.
4 m. Library fees and fines, including charges for
5 damaged and lost library materials, overdue reserve library
6 books, interlibrary loans, and literature searches.
7 n. Fees relating to duplicating, photocopying,
8 binding, and microfilming; copyright services; and
9 standardized testing. These fees may be charged only to those
10 who receive the services.
11 o. Fees and fines relating to the use, late return,
12 and loss and damage of facilities and equipment.
13 p. A returned-check fee as authorized by s. 832.07(1)
14 for unpaid checks returned to the university.
15 q. Traffic and parking fines, charges for parking
16 decals, and transportation access fees.
17 r. An Educational Research Center for Child
18 Development fee for child care and services offered by the
19 center.
20 s. Fees for transcripts and diploma replacement, not
21 to exceed $10 per item.
22 (f) Establish and maintain systemwide personnel
23 programs for all State University System employees, including
24 a systemwide personnel classification and pay plan,
25 notwithstanding provisions of law that grant authority to the
26 Department of Management Services over such programs for state
27 employees. The board shall consult with the legislative
28 appropriations committees regarding any major policy changes
29 related to classification and pay which are in conflict with
30 those policies in effect for career service employees with
31 similar job classifications and responsibilities. The board
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1 may adopt rules relating to the appointment, employment, and
2 removal of personnel which delegate delegating its authority
3 to the Chancellor or the universities. The board shall submit,
4 in a manner prescribed by law, any reports concerning State
5 University System personnel programs as shall be required of
6 the Department of Management Services for other state
7 employees. The Department of Management Services shall retain
8 authority over State University System employees for programs
9 established in ss. 110.116, 110.123, 110.1232, 110.1234,
10 110.1235, and 110.1238 and in chapters 121, 122, and 238. The
11 board shall adopt only those rules necessary to provide for a
12 coordinated, efficient systemwide program and shall delegate
13 to the universities all authority necessary for implementing
14 implementation of the program consistent with these
15 coordinating rules so adopted and applicable collective
16 bargaining agreements. Notwithstanding the provisions of s.
17 216.181(7), the salary rate controls for positions in budgets
18 under the Board of Regents shall separately delineate the
19 general faculty and all other categories.
20 (g) Develop a plan, to be mutually agreed upon by
21 applicable bargaining units, for the transfer of employees
22 from career service status provisions of chapter 110. Subject
23 to the approval of the President of the Senate and the Speaker
24 of the House of Representatives, the plan shall become
25 effective July 1, 1986.
26 (h) Recommend to the Legislature any proposed changes
27 in the Capital Improvement Trust Fund and building fees. The
28 Capital Improvement Trust Fund fee is established as $2.44 per
29 credit hour per semester. The building fee is established as
30 $2.32 per credit hour per semester.
31
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1 (i) Terminate programs at the state universities
2 pursuant to findings of reviews and evaluations of
3 instructional, research, and service programs at the
4 universities.
5 (j) After consultation with the university presidents,
6 adopt a systemwide strategic plan which specifies goals and
7 objectives for the State University System. In developing
8 this plan, the board shall consider the role of individual
9 public and independent institutions within the state. The plan
10 shall provide for the roles of the universities to be
11 coordinated to best meet state needs and reflect
12 cost-effective use of state resources. The strategic plan
13 shall clarify mission statements and identify degree programs
14 to be offered at each university in accordance with the
15 objectives provided herein. The systemwide strategic plan
16 shall be for a period of 5 years with modification of the
17 program lists after 2 years. Development of each 5-year plan
18 shall be coordinated with and initiated subsequent to
19 completion of the master plan specified in s. 240.147. The
20 Board of Regents shall submit a report to the Speaker of the
21 House of Representatives and the President of the Senate upon
22 modification of the system plan.
23 (k) Seek the cooperation and advice of the officers
24 and trustees of both public and private institutions of higher
25 education in the state in performing its duties and making its
26 plans, studies, and recommendations.
27 (l) Coordinate and provide for educational television
28 in the State University System.
29 (m) Establish and maintain an effective information
30 system which will provide composite data about the university
31 system and assure that special analyses and studies of the
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1 universities are conducted, as necessary, for provision of
2 accurate and cost-effective information about the universities
3 and about the system as a whole.
4 (n) Seek the cooperation and advice of superintendents
5 and board members of local school districts in the state in
6 performing its duties and making its plans, studies, and
7 recommendations. The systemwide and university strategic plans
8 shall specifically include programs and procedures for
9 responding to the educational needs of teachers and students
10 in the public schools of this state.
11 (o) Submit to the State Board of Education, for
12 approval, all new campuses and instructional centers approved
13 by the board.
14 (p) Notwithstanding the provisions of ss. 216.044,
15 255.248, 255.249, 255.25, 255.28, 255.29, and 287.055, adopt
16 rules to Administer a program for the maintenance and
17 construction of facilities in the State University System and
18 to secure, or otherwise provide as a self-insurer pursuant to
19 s. 440.38(6), workers' compensation coverage for contractors
20 and subcontractors, or each of them, employed by or on behalf
21 of the Board of Regents when performing work on or adjacent to
22 property owned or used by the Board of Regents or the State
23 University System.
24 (q) Adopt rules to Ensure compliance with the
25 provisions of s. 287.09451 s. 287.0945, for all State
26 University System procurement, and additionally, ss. 255.101
27 and 255.102, for construction contracts, and rules adopted
28 pursuant thereto, relating to the utilization of minority
29 business enterprises, except that procurements costing less
30 than the amount provided for in CATEGORY FIVE as provided in
31
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1 s. 287.017 shall not be subject to s. 287.09451 s.
2 287.0945(7)(a).
3 (r) Adopt rules pursuant to ss. 120.536(1) and 120.54
4 to implement provisions of law conferring duties upon it,
5 including, but not limited to, procedures to Administer an
6 acquisition program for the purchase or lease of real and
7 personal property and contractual services pursuant to s.
8 240.205(6).
9 (s) Monitor the extent of limited access programs
10 within the state universities and report to the State Board of
11 Education and the Legislature admissions and enrollment data
12 for limited access programs. Such report shall be submitted
13 by December 1, 1991, and annually thereafter, and shall assist
14 in determining the potential need for academic program
15 contracts with independent institutions pursuant to s.
16 229.053. The report shall include, for each limited access
17 program within each institution, the following categories, by
18 race and gender:
19 1. The number of applicants.
20 2. The number of applicants granted admission.
21 3. The number of applicants who are granted admission
22 and enroll.
23 4. The number of applicants denied admission.
24 5. The number of applicants neither granted admission
25 nor denied admission.
26
27 Each category shall be reported for each term. Each category
28 shall be reported by type of student, including the following
29 subcategories: native student, community college associate in
30 arts degree transfer student, and other student. Each
31 category and subcategory shall further be reported according
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1 to the number of students who meet or exceed the minimum
2 eligibility requirements for admission to the program and the
3 number of students who do not meet or exceed the minimum
4 eligibility requirements for admission to the program.
5 (t) Require Adopt rules providing that each state
6 university to shall advise students who meet the minimum
7 requirements for admission to the upper division of a state
8 university, but are denied admission to limited access
9 programs, of the availability of similar programs at other
10 State University System institutions and the admissions
11 requirements of such programs.
12 (u) Allow the waiver of any or all application, course
13 registration, and related fees for persons who supervise
14 student interns for institutions in the State University
15 System.
16 (v) Manage systemwide enrollment.
17 (w) Establish policies relating to credit and
18 non-credit education offerings by universities in the State
19 University System.
20 (x) Establish and regulate faculty practice plans for
21 the academic health science centers.
22 (4) Any powers not specifically delegated to the
23 universities by this act shall be retained by the Board of
24 Regents unless further delegated by action of the board.
25 (5) The Board of Regents is 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 Board of Regents must approve a request. By
19 December 31 of each year, the Board of Regents must report to
20 the Legislature any degrees in the State University System
21 which require more than 120 hours, along with appropriate
22 evidence of need. At least every 5 years, the Board of
23 Regents must determine whether the programs still require more
24 than the standard length of 120 hours.
25 (f) Reviewing and approving or disapproving degree
26 programs identified by the Articulation Coordinating Committee
27 as unique pursuant to s. 229.551(1)(f)5. The Board of Regents
28 shall ensure that university students are aware of unique
29 program prerequisites.
30 (g) Ensuring that at least half of the required
31 coursework for any baccalaureate degree in the system is
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1 offered at the lower-division level, except in program areas
2 approved by the Board of Regents pursuant to paragraph (e).
3 (h) Recommending to the Legislature a plan for the
4 implementation of an increased matriculation charge for
5 students taking coursework in excess of degree requirements.
6 (i) Recommending to the Legislature a plan for the
7 implementation of block tuition programs and other incentives
8 to encourage students to graduate in 4 years.
9 (6) Notwithstanding the provisions of s. 216.262(1),
10 the Board of Regents may authorize the rent or lease of
11 parking facilities provided that such facilities are funded
12 through parking fees or parking fines imposed by a university.
13 The board may authorize a university to charge fees for
14 parking at such rented or leased parking facilities.
15 (7) The Board of Regents is authorized to permit
16 full-time State University System employees who meet academic
17 requirements to enroll for up to 6 credit hours of
18 tuition-free courses per term on a space-available basis.
19 (8) Notwithstanding the provisions of s. 283.33, books
20 published by the State University System press shall not be
21 subject to the bid requirements provided in s. 287.017.
22 (9) Notwithstanding the provisions of s. 253.025, the
23 Board of Regents may, with the consent of the Board of
24 Trustees of the Internal Improvement Trust Fund, sell, convey,
25 transfer, exchange, trade, or purchase real property and
26 related improvements necessary and desirable to serve the
27 needs and purposes of a university in the State University
28 System.
29 (a) The board may secure appraisals and surveys. The
30 board shall comply with the rules of the Board of Trustees of
31 the Internal Improvement Trust Fund in securing appraisals.
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1 Whenever the board finds it necessary for timely property
2 acquisition, it may contract, without the need for competitive
3 selection, with one or more appraisers whose names are
4 contained on the list of approved appraisers maintained by the
5 Division of State Lands in the Department of Environmental
6 Protection.
7 (b) The board may negotiate and enter into an option
8 contract before an appraisal is obtained. The option contract
9 must state that the final purchase price may not exceed the
10 maximum value allowed by law. The consideration for such an
11 option contract may not exceed 10 percent of the estimate
12 obtained by the board or 10 percent of the value of the
13 parcel, whichever is greater, unless otherwise authorized by
14 the board.
15 (c) This subsection is not intended to abrogate in any
16 manner the authority delegated to the Board of Trustees of the
17 Internal Improvement Trust Fund or the Division of State Lands
18 to approve a contract for purchase of state lands or to
19 require policies and procedures to obtain clear legal title to
20 parcels purchased for state purposes. Title to property
21 acquired by the board shall vest in the Board of Trustees of
22 the Internal Improvement Trust Fund.
23 (10) No school, college, or center at a state
24 university shall be named for a living person unless approved
25 by the Board of Regents.
26 (11) The board is authorized to adopt rules, as
27 necessary, to administer this section.
28 Section 2. Section 240.227, Florida Statutes, is
29 amended to read:
30 240.227 University presidents; powers and duties.--The
31 president is the chief administrative officer of the
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1 university and is responsible for the operation and
2 administration of the university. Each university president
3 shall:
4 (1) Have the authority to adopt rules pursuant to ss.
5 120.536(1) and 120.54 to implement provisions of law governing
6 the operation and administration of the university, which
7 shall include the specific powers and duties enumerated in
8 this section. Such rules shall be consistent with the mission
9 of the university and statewide rules and policies and shall
10 assist in the development of the university in a manner which
11 will complement the missions and activities of the other
12 universities for the overall purpose of achieving the highest
13 quality of education for the citizens of the state.
14 (2) Prepare a budget request to be transmitted to the
15 Board of Regents. Such request shall be prepared in
16 accordance with the fiscal policy guidelines, formats, and
17 instructions prescribed by the Board of Regents.
18 (3) Develop an operating budget.
19 (4) Conduct biennially a space utilization study to
20 support the university budget request for capital outlay.
21 (5) Appoint university personnel and provide for the
22 compensation and other conditions of employment such as
23 recruitment, non-reappointment, benefits and hours of work,
24 evaluation, recognition, inventions and works, learning
25 opportunities, academic freedom and responsibility, promotion,
26 assignment, demotion, transfer, tenure and permanent status,
27 ethical obligations and conflicts of interest, restrictive
28 covenants, disciplinary actions, complaints, appeals and
29 grievance procedures, and separation and termination from
30 employment, consistent with applicable law, collective
31
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1 bargaining agreements, and the Board of Regents rules rule for
2 university personnel who are exempt from chapter 110.
3 (6) Certify annually to the Board of Regents the
4 actual classroom contact hours conducted by each faculty
5 member.
6 (7) Maintain all data and information pertaining to
7 the operation of the university.
8 (8) Govern admissions, subject to rules of the Board
9 of Regents and as provided in s. 240.233.
10 (9) Develop a program of continuing education and
11 establish, pursuant to rules and guidelines adopted by the
12 Board of Regents, fees for continuing education activities
13 within the university service area when there is a
14 demonstrated and justified need. The university is authorized
15 to cooperate with any public utility, any other governmental
16 entity or private individual, or any type of profit or
17 nonprofit legal entity in connection with the establishment
18 and operation of such a continuing education program,
19 including the acceptance of money and other things of value.
20 (10) Provide and coordinate credit and noncredit
21 extension courses in all fields which the university considers
22 necessary to improve and maintain the educational standards of
23 the university service area.
24 (11) Establish and maintain Make rules necessary for
25 the establishment and maintenance of a personnel exchange
26 program, by which persons employed within the university as
27 instructional and research faculty and comparable
28 administrative and professional staff may be exchanged with
29 persons employed in like capacities by institutions of higher
30 learning which are not under the jurisdiction of the
31 university, by units of government either within or without
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1 this state, or by private industry. The salary and benefits
2 of State University System and state personnel participating
3 in the exchange program shall be continued during the period
4 of time they participate in the exchange program, and such
5 personnel shall be deemed to have no break in creditable or
6 continuous state service or employment during the period of
7 time in which they participate in the exchange program. The
8 salary and benefits of persons participating in the personnel
9 exchange program who are employed by institutions of higher
10 learning which are not under the jurisdiction of the
11 university, by units of government either within or without
12 this state, or by private industry shall be paid by the
13 originating employers of those participants. The duties and
14 responsibilities of a person participating in the exchange
15 program shall be the same as those of the person he or she
16 replaces.
17 (12) Approve and execute contracts for the acquisition
18 of commodities, goods, equipment, services, leases of real and
19 personal property, and construction to be rendered to or by
20 the university, provided such contracts are made pursuant to
21 rules of the Board of Regents, are for the implementation of
22 approved programs of the university, and do not require
23 expenditures in excess of $1 million. The acquisition may be
24 made by installment or lease-purchase contract. Such
25 contracts may provide for the payment of interest on the
26 unpaid portion of the purchase price. Notwithstanding any
27 other provisions of this subsection, university presidents
28 shall comply with the provisions of s. 287.055 for the
29 procurement of professional services and may approve and
30 execute all contracts for planning, construction, and
31 equipment for projects with building programs and construction
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1 budgets approved by the Board of Regents. For the purposes of
2 a university president's contracting authority, a "continuing
3 contract" for professional services under the provisions of s.
4 287.055 is one in which construction costs do not exceed $1
5 million or the fee for study activity does not exceed
6 $100,000.
7 (13) Use, maintain, protect, and control
8 university-owned or university-controlled buildings and
9 grounds, property and equipment, name, and trademarks and
10 other proprietary marks, and the financial and other resources
11 of the university. Such authority may include placing
12 restrictions on commercial activity and on access to
13 facilities, firearms, food, tobacco, alcoholic beverages,
14 distribution of printed materials, animals, and sound. The
15 authority vested in the university president under this
16 subsection includes the authority to prioritize the use of
17 university space, property, equipment, and resources and the
18 authority to impose charges for the use of those items.
19 Furthermore, each university president has Manage the property
20 and financial resources of the university, including, but not
21 limited to, having the authority to adjust property records
22 and dispose of state-owned tangible personal property in the
23 university's custody in accordance with procedures established
24 by the Board of Regents. Notwithstanding the provisions of s.
25 273.055(5), all moneys received from the disposition of
26 state-owned tangible personal property shall be retained by
27 the university and disbursed for the acquisition of tangible
28 personal property and for all necessary operating
29 expenditures. The university shall maintain records of the
30 accounts into which such moneys are deposited.
31
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1 (14) Establish the internal academic calendar of the
2 university within general guidelines of the Board of Regents.
3 (15) Administer the university's program of
4 intercollegiate athletics.
5 (16) Recommend to the Board of Regents the
6 establishment and termination of degree programs within the
7 approved role and scope of the university.
8 (17) Award degrees.
9 (18) Supervise all construction contracts.
10 (19) Administer personnel programs established by the
11 Board of Regents and any applicable collective bargaining
12 agreements under the supervision of the Board of Regents.
13 (19)(20) Recommend to the Board of Regents any fees
14 applicable to the university and not otherwise prescribed by
15 law.
16 (20)(21) Organize the university to efficiently and
17 effectively achieve the goals of the university; however, any
18 reorganization which increases the number of administrators or
19 their level of compensation shall be reviewed and approved by
20 the Board of Regents.
21 (21)(22) Review periodically the operations of the
22 university in order to determine whether the rules and
23 policies of the Board of Regents and the universities are
24 being followed and to determine how effectively and
25 efficiently the university is being administered.
26 (22)(23) Otherwise provide for the effective operation
27 of the university in the achievement of the goals established
28 for it in the strategic plan adopted by the Board of Regents.
29 (23)(24) Adopt rules and Enter into agreements for
30 student exchange programs which involve students at the
31 university and students in institutions of higher learning,
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1 either within or without the state, which are not in the State
2 University System. Such agreements may provide that the
3 tuition and fees of a student who is enrolled in a university
4 in the State University System and who is participating in an
5 exchange program shall be paid to the state university during
6 the period of time he or she is participating in the exchange
7 program. Such agreements may also provide that the tuition
8 and fees of a student who is enrolled in an institution which
9 is not in the State University System and who is participating
10 in an exchange program shall be paid to the nonstate
11 institution in which he or she is enrolled.
12 (24) Approve the internal procedures of student
13 government and provide purchasing, contracting, and
14 budgetary-review processes.
15 (25) Provide for the use and protection of data and
16 technology, including information systems, communication
17 systems, computer hardware and software, and networks.
18 (26) Ensure compliance with federal laws, regulations,
19 and other requirements that are applicable to the university.
20 (27) Each university president is authorized to adopt
21 rules to implement the provisions of this section.
22 Section 3. Subsection (6) of section 240.229, Florida
23 Statutes, is amended to read:
24 240.229 Universities; powers; patents, copyrights, and
25 trademarks.--Any other law to the contrary notwithstanding,
26 each university is authorized, in its own name, to:
27 (6) Do all other acts necessary and proper for the
28 execution of powers and duties herein conferred upon the
29 university, including adopting rules, as necessary, in order
30 to administer this section. Any proceeds therefrom shall be
31 deposited and expended in accordance with s. 240.241. Any
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1 action taken by the university in securing or exploiting such
2 trademarks, copyrights, or patents shall, within 30 days, be
3 reported in writing by the president to the Department of
4 State.
5 Section 4. Section 240.233, Florida Statutes, is
6 amended to read:
7 240.233 Universities; admissions of students.--Each
8 university president is authorized to adopt rules governing
9 the admission of students shall govern admissions of students,
10 subject to this section and rules of the Board of Regents.
11 (1) Minimum academic standards for undergraduate
12 admission to a university must include the requirements that:
13 (a) Each student have received a high school diploma
14 pursuant to s. 232.246, or its equivalent, except as provided
15 in s. 240.116(2) and (3).
16 (b) Each student have earned two credits of sequential
17 foreign language at the secondary level or the equivalent of
18 such instruction at the postsecondary level. A student whose
19 native language is not English is exempt from this admissions
20 requirement, provided that the student demonstrates
21 proficiency in the native language. If a standardized test is
22 not available in the student's native language for the
23 demonstration of proficiency, the university may provide an
24 alternative method of assessment. The State Board of
25 Education shall adopt rules for the articulation of foreign
26 language competency and equivalency between secondary and
27 postsecondary institutions. A student who received an
28 associate in arts degree prior to September 1, 1989, or who
29 enrolled in a program of studies leading to an associate
30 degree from a Florida community college prior to August 1,
31
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1 1989, and maintains continuous enrollment shall be exempt from
2 this admissions requirement.
3 (2) The Board of Regents shall adopt rules which
4 provide for a limited number of students to be admitted to the
5 State University System, notwithstanding the admission
6 requirements of paragraph (1)(b), if there is evidence that
7 the applicant is expected to do successful academic work at
8 the admitting university. The number of applicants admitted
9 under this subsection may not exceed 5 percent of the total
10 number of freshmen who entered the State University System the
11 prior year. Any lower-division student admitted without
12 meeting the foreign language requirement must earn such
13 credits prior to admission to the upper division of a state
14 university. Any associate in arts degree graduate from a
15 public community college or university in Florida, or other
16 upper-division transfer student, admitted without meeting the
17 foreign language requirement, must earn such credits prior to
18 graduation from a state university. Students shall be exempt
19 from the provisions of this subsection if they can demonstrate
20 proficiency in American sign language equivalent to that of
21 students who have completed two credits of such instruction in
22 high school.
23 (3)(a) Nonresident students may be admitted to the
24 university upon such terms as the university may establish.
25 However, such terms shall include, but shall not be limited
26 to: completion of a secondary school curriculum which
27 includes 4 years of English; 3 years each of mathematics,
28 science, and social sciences; and 2 years of a foreign
29 language.
30 (b) Within the admission standards provided for in
31 subsection (1), the Board of Regents shall develop procedures
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1 for weighting courses which are necessary to meet the
2 requirements of a college-preparatory curriculum at a higher
3 value than less rigorous courses. Credits received in such
4 courses shall be given greater value in determining admission
5 by universities than cumulative grade point averages in high
6 school.
7 (4) Consideration shall be given to the past actions
8 of any person applying for admission as a student to any state
9 university, either as a new applicant, an applicant for
10 continuation of studies, or a transfer student, when such
11 actions have been found to disrupt or interfere with the
12 orderly conduct, processes, functions, or programs of any
13 other university, college, or community college.
14 (5) In any application for admission by a student as a
15 citizen of the state, the applicant, if 18 years of age, or,
16 if a minor, his or her parents or guardian shall make and file
17 with such application a written statement under oath that such
18 applicant is a citizen and resident of the state and entitled,
19 as such, to admission upon the terms and conditions prescribed
20 for citizens and residents of the state.
21 (6) Rules of the State Board of Education shall
22 require the use of scores on tests of college-level
23 communication and computation skills provided in s. 229.551 as
24 a condition for admission of students to upper-division
25 instructional programs from community colleges, including
26 those who have been awarded associate in arts degrees. Use of
27 such test scores as an admission requirement shall extend
28 equally and uniformly to students enrolled in lower divisions
29 in the State University System and to transfer students from
30 other colleges and universities. The tests shall be required
31 for community college students seeking associate in arts
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1 degrees and students seeking admission to upper-division
2 instructional programs in the State University System. The
3 use of test scores prior to August 1, 1984, shall be limited
4 to student counseling and curriculum improvement.
5 (7) For the purposes of this section, American sign
6 language constitutes a foreign language. Florida high schools
7 may offer American sign language as a for-credit elective or
8 as a substitute for any already authorized foreign language
9 requirement.
10 (8) A Florida resident who is denied admission as an
11 undergraduate to a state university for failure to meet the
12 high school grade point average requirement may appeal the
13 decision to the university and request a recalculation of the
14 grade point average including in the revised calculation the
15 grades earned in up to three credits of advanced fine arts
16 courses. The university shall provide the student with a
17 description of the appeals process at the same time as
18 notification of the admissions decision. The university shall
19 recalculate the student's grade point average using the
20 additional courses and advise the student of any changes in
21 the student's admission status. For purposes of this section,
22 fine arts courses include courses in music, drama, painting,
23 sculpture, speech, debate, or a course in any art form that
24 requires manual dexterity. Advanced level fine arts courses
25 include fine arts courses identified in the course code
26 directory as Advanced Placement, pre-International
27 Baccalaureate, or International Baccalaureate, or fine arts
28 courses taken in the third or fourth year of a fine arts
29 curriculum.
30 Section 5. Subsection (17) is added to section
31 240.241, Florida Statutes, to read:
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1 240.241 Divisions of sponsored research at state
2 universities.--
3 (17) Each university president is authorized to adopt
4 rules, as necessary, to administer this section.
5 Section 6. Section 240.261, Florida Statutes, is
6 amended to read:
7 240.261 Codes of conduct; disciplinary measures;
8 rulemaking authority rules.--
9 (1) Each university may adopt, by rule, codes of
10 conduct and a uniform code of appropriate penalties for
11 violations of rules by students and employees, to be
12 administered by the president of each university. Such
13 penalties, unless otherwise provided by law, may include:
14 reprimand; restitution; fines;, the withholding of diplomas or
15 transcripts pending compliance with rules, completion of any
16 student judicial process or sanction, or payment of fines;
17 restrictions on the use of or removal from university
18 facilities; community service; educational requirements;, and
19 the imposition of probation, suspension, or dismissal, or
20 expulsion.
21 (2) Each university may adopt, by rule, a code of
22 conduct and appropriate penalties for violations of rules by
23 student organizations, to be administered by the university.
24 Such penalties, unless otherwise provided by law, may include:
25 reprimand; restitution; suspension, cancellation, or
26 revocation of the registration or official recognition of a
27 student organization; and restrictions on the use of, or
28 removal from, university facilities.
29 (3) Sanctions authorized by university codes of
30 conduct may be imposed only for acts or omissions in violation
31 of rules adopted by the university, including rules adopted
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1 under this section, rules of the Board of Regents, county and
2 municipal ordinances, and the laws of this state, the United
3 States, or any other state.
4 (4) Each university may establish and adopt, by rule,
5 codes of appropriate penalties for violations of rules
6 governing student academic honesty. Such penalties, unless
7 otherwise provided by law, may include: reprimand; reduction
8 of grade; denial of academic credit; invalidation of
9 university credit or of the degree based upon such credit;
10 probation; suspension; dismissal; or expulsion. In addition to
11 any other penalties that may be imposed, an individual may be
12 denied admission or further registration, and the university
13 may invalidate academic credit for work done by a student and
14 may invalidate or revoke the degree based upon such credit if
15 it is determined that the student has made false, fraudulent,
16 or incomplete statements in the application, residence
17 affidavit, or accompanying documents or statements in
18 connection with, or supplemental to, the application for
19 admission to or graduation from the university.
20 (5)(2) The university shall adopt rules for the lawful
21 discipline of any student, faculty member, or member of the
22 administrative staff who intentionally acts to impair,
23 interfere with, or obstruct the orderly conduct, processes,
24 and functions of a state university. Said rules may apply to
25 acts conducted on or off campus when relevant to such orderly
26 conduct, processes, and functions.
27 Section 7. Subsection (4) is added to section 240.291,
28 Florida Statutes, to read:
29 240.291 Delinquent accounts.--
30 (4) Each university is authorized to adopt rules, as
31 necessary, to implement the provisions of this section,
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1 including setoff procedures, payroll deductions, and
2 restrictions on release of transcripts, awarding of diplomas,
3 and access to other university resources and services.
4 Section 8. This act shall take effect July 1, 2000.
5
6 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
7 s2062
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9 The committee substitute removes the provision in the bill
related to the Board of Regents governing the admission of
10 students into the State University System. The committee
substitute also makes a technical correction to a reference in
11 the bill.
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