Senate Bill 2062e1
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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; authorizing
6 the Board of Regents to implement a
7 differential out-of-state tuition fee for
8 certain universities; amending s. 240.227,
9 F.S.; authorizing each university president to
10 adopt rules implementing provisions of law
11 governing the operation and administration of
12 the university; providing for specific areas in
13 which such authority is to be exercised;
14 amending s. 240.229, F.S., relating to patents,
15 copyrights, and trademarks; authorizing each
16 university to adopt rules, as necessary, to
17 carry out the powers and duties enumerated in
18 this section; amending s. 240.233, F.S.;
19 authorizing each university president to adopt
20 rules governing the admission of students;
21 amending s. 240.241, F.S., relating to
22 divisions of sponsored research at state
23 universities; authorizing each university
24 president to adopt rules to implement this
25 section; amending s. 240.261, F.S.; authorizing
26 universities to adopt rules pertaining to codes
27 of conduct, and penalties for violating such
28 codes, for students and university employees;
29 providing for rules and penalties relating to
30 student academic honesty; amending s. 240.291,
31 F.S., relating to delinquent accounts;
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1 providing for each university to adopt rules to
2 implement this section; providing an effective
3 date.
4
5 Be It Enacted by the Legislature of the State of Florida:
6
7 Section 1. Section 240.209, Florida Statutes, is
8 amended to read:
9 240.209 Board of Regents; powers and duties.--
10 (1) The Board of Regents is authorized to adopt
11 primarily responsible for adopting systemwide rules pursuant
12 to ss. 120.536(1) and 120.54 to implement provisions of law
13 conferring duties upon it; to plan planning for the future
14 needs of the State University System; to plan planning the
15 programmatic, financial, and physical development of the
16 system; to review reviewing and evaluate evaluating the
17 instructional, research, and service programs at the
18 universities; to coordinate coordinating program development
19 among the universities; and to monitor monitoring the fiscal
20 performance of the universities.
21 (2) The Board of Regents shall appoint a Chancellor to
22 serve at its pleasure who shall perform such duties as are
23 assigned to him or her by the board. The board shall fix the
24 compensation and other conditions of employment for the
25 Chancellor. The board shall also provide for the compensation
26 and other conditions of employment for employees necessary to
27 assist the board and the Chancellor in the performance of
28 their duties. The Chancellor shall be the chief administrative
29 officer of the board and shall be responsible for appointing
30 all employees of the board who shall serve under his or her
31 direction and control. The Chancellor must be qualified by
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1 training and experience to understand the problems and needs
2 of the state in the field of postsecondary education. Search
3 committee activities for the selection of the Chancellor up to
4 the point of transmitting a list of nominees to the Board of
5 Regents shall be confidential and exempt from the provisions
6 of ss. 119.07(1) and 286.011.
7 (3) The board shall:
8 (a) Develop a plan for the future expansion of the
9 State University System and recommend the establishment of new
10 universities consistent with the criteria adopted by the State
11 Board of Education pursuant to s. 229.053. The plan must
12 include a procedure for the periodic assessment of the need
13 for a new state university and specific standards for the
14 minimum acreage, building space, staffing, and programmatic
15 mix of state universities.
16 (b) Appoint or remove the president of each university
17 in accordance with procedures and rules adopted by the Board
18 of Regents. The board may appoint a search committee to
19 assist in evaluating presidential candidates. Each appointment
20 of a university president shall be conducted in accordance
21 with the provisions of ss. 119.07 and 286.011. The board shall
22 determine the compensation and other conditions of employment
23 for each president.
24 (c) Approve new degree programs for all state
25 universities. In so doing, the board shall be mindful of the
26 differentiated missions of the several universities. New
27 colleges, schools, or functional equivalents of any program
28 leading to a degree which is offered as a credential for a
29 specific license granted under the Florida Statutes or the
30 State Constitution shall not be established without the
31 specific approval of the Legislature.
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1 (d) Prepare the legislative budget requests, including
2 fixed capital outlay requests, in accordance with chapter 216
3 and s. 235.41. The board shall provide to the individual
4 universities fiscal policy guidelines, formats, and
5 instructions for the development of individual university
6 budget requests.
7 (e) Establish student fees.
8 1. By no later than December 1 of each year, the board
9 shall raise the systemwide standard for resident undergraduate
10 matriculation and financial aid fees for the subsequent fall
11 term, up to but no more than 25 percent of the prior year's
12 cost of undergraduate programs. In implementing this
13 paragraph, fees charged for graduate, medical, veterinary, and
14 dental programs may be increased by the Board of Regents in
15 the same percentage as the increase in fees for resident
16 undergraduates. However, in the absence of legislative action
17 to the contrary in an appropriations act, the board may not
18 approve annual fee increases for resident students in excess
19 of 10 percent. The sum of nonresident student matriculation
20 and tuition fees must be sufficient to defray the full cost of
21 undergraduate education. Graduate, medical, veterinary, and
22 dental fees charged to nonresidents may be increased by the
23 board in the same percentage as the increase in fees for
24 nonresident undergraduates. However, in implementing this
25 policy and in the absence of legislative action to the
26 contrary in an appropriations act, annual fee increases for
27 nonresident students may not exceed 25 percent. In the absence
28 of legislative action to the contrary in the General
29 Appropriations Act, the fees shall go into effect for the
30 following fall term.
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1 2. When the appropriations act requires a new fee
2 schedule, the board shall establish a systemwide standard fee
3 schedule required to produce the total fee revenue established
4 in the appropriations act based on the product of the assigned
5 enrollment and the fee schedule. The board may approve the
6 expenditure of any fee revenues resulting from the product of
7 the fee schedule adopted pursuant to this section and the
8 assigned enrollment.
9 3. Upon provision of authority in a General
10 Appropriations Act to spend revenue raised pursuant to this
11 section, the board shall approve a university request to
12 implement a matriculation and out-of-state tuition fee
13 schedule which is calculated to generate revenue which varies
14 no more than 10 percent from the standard fee revenues
15 authorized through an appropriations act. In implementing an
16 alternative fee schedule, the increase in cost to a student
17 taking 15 hours in one term shall be limited to 5 percent.
18 Matriculation and out-of-state tuition fee revenues generated
19 as a result of this provision are to be expended for
20 implementing a plan for achieving accountability goals adopted
21 pursuant to s. 240.214 and for implementing a Board of
22 Regents-approved plan to contain student costs by reducing the
23 time necessary for graduation without reducing the quality of
24 instruction. The plans shall be recommended by a
25 universitywide committee, at least one-half of whom are
26 students appointed by the student body president. A
27 chairperson, appointed jointly by the university president and
28 the student body president, shall vote only in the case of a
29 tie.
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1 4. The board may implement individual university plans
2 for a differential out-of-state tuition fee for universities
3 that have a service area that borders another state.
4 5.4. 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 6.5. The board may recommend to the Legislature an
19 appropriate systemwide standard matriculation and tuition fee
20 schedule.
21 7.6. 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 8. The board is further authorized to establish the
2 following fees:
3 a. A nonrefundable application fee in an amount not to
4 exceed $30.
5 b. An admissions deposit fee for the University of
6 Florida College of Dentistry in an amount not to exceed $200.
7 c. An orientation fee in an amount not to exceed $35.
8 d. A fee for security, access, or identification
9 cards. The annual fee for such a card may not exceed $10 per
10 card. The maximum amount charged for a replacement card may
11 not exceed $15.
12 e. Registration fees for audit and zero-hours
13 registration; a service charge, which may not exceed $15, for
14 the payment of tuition in installments; and a
15 late-registration fee in an amount not less than $50 nor more
16 than $100 to be imposed on students who fail to initiate
17 registration during the regular registration period.
18 f. A late-payment fee in an amount not less than $50
19 nor more than $100 to be imposed on students who fail to pay
20 or fail to make appropriate arrangements to pay (by means of
21 installment payment, deferment, or third-party billing)
22 tuition by the deadline set by each university. Each
23 university may adopt specific procedures or policies for
24 waiving the late-payment fee for minor underpayments.
25 g. A fee for miscellaneous health-related charges for
26 services provided at cost by the university health center
27 which are not covered by the health fee set under s.
28 240.235(1).
29 h. Materials and supplies fees to offset the cost of
30 materials or supplies that are consumed in the course of the
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1 student's instructional activities, excluding the cost of
2 equipment replacement, repairs, and maintenance.
3 i. Housing rental rates and miscellaneous housing
4 charges for services provided by the university at the request
5 of the student.
6 j. A charge representing the reasonable cost of
7 efforts to collect payment of overdue accounts.
8 k. A service charge on university loans in lieu of
9 interest and administrative handling charges.
10 l. A fee for off-campus course offerings when the
11 location results in specific, identifiable increased costs to
12 the university.
13 m. Library fees and fines, including charges for
14 damaged and lost library materials, overdue reserve library
15 books, interlibrary loans, and literature searches.
16 n. Fees relating to duplicating, photocopying,
17 binding, and microfilming; copyright services; and
18 standardized testing. These fees may be charged only to those
19 who receive the services.
20 o. Fees and fines relating to the use, late return,
21 and loss and damage of facilities and equipment.
22 p. A returned-check fee as authorized by s. 832.07(1)
23 for unpaid checks returned to the university.
24 q. Traffic and parking fines, charges for parking
25 decals, and transportation access fees.
26 r. An Educational Research Center for Child
27 Development fee for child care and services offered by the
28 center.
29 s. Fees for transcripts and diploma replacement, not
30 to exceed $10 per item.
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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 relating to the appointment, employment, and
12 removal of personnel which delegate delegating its authority
13 to the Chancellor or the universities. The board shall submit,
14 in a manner prescribed by law, any reports concerning State
15 University System personnel programs as shall be required of
16 the Department of Management Services for other state
17 employees. The Department of Management Services shall retain
18 authority over State University System employees for programs
19 established in ss. 110.116, 110.123, 110.1232, 110.1234,
20 110.1235, and 110.1238 and in chapters 121, 122, and 238. The
21 board shall adopt only those rules necessary to provide for a
22 coordinated, efficient systemwide program and shall delegate
23 to the universities all authority necessary for implementing
24 implementation of the program consistent with these
25 coordinating rules so adopted and applicable collective
26 bargaining agreements. Notwithstanding the provisions of s.
27 216.181(7), the salary rate controls for positions in budgets
28 under the Board of Regents shall separately delineate the
29 general faculty and all other categories.
30 (g) Develop a plan, to be mutually agreed upon by
31 applicable bargaining units, for the transfer of employees
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1 from career service status provisions of chapter 110. Subject
2 to the approval of the President of the Senate and the Speaker
3 of the House of Representatives, the plan shall become
4 effective July 1, 1986.
5 (h) Recommend to the Legislature any proposed changes
6 in the Capital Improvement Trust Fund and building fees. The
7 Capital Improvement Trust Fund fee is established as $2.44 per
8 credit hour per semester. The building fee is established as
9 $2.32 per credit hour per semester.
10 (i) Terminate programs at the state universities
11 pursuant to findings of reviews and evaluations of
12 instructional, research, and service programs at the
13 universities.
14 (j) After consultation with the university presidents,
15 adopt a systemwide strategic plan which specifies goals and
16 objectives for the State University System. In developing
17 this plan, the board shall consider the role of individual
18 public and independent institutions within the state. The plan
19 shall provide for the roles of the universities to be
20 coordinated to best meet state needs and reflect
21 cost-effective use of state resources. The strategic plan
22 shall clarify mission statements and identify degree programs
23 to be offered at each university in accordance with the
24 objectives provided herein. The systemwide strategic plan
25 shall be for a period of 5 years with modification of the
26 program lists after 2 years. Development of each 5-year plan
27 shall be coordinated with and initiated subsequent to
28 completion of the master plan specified in s. 240.147. The
29 Board of Regents shall submit a report to the Speaker of the
30 House of Representatives and the President of the Senate upon
31 modification of the system plan.
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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) Submit to the State Board of Education, for
21 approval, all new campuses and instructional centers approved
22 by the 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 Board of Regents when performing work on or adjacent to
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1 property owned or used by the Board of Regents or the State
2 University System.
3 (q) Adopt rules to Ensure compliance with the
4 provisions of s. 287.09451 s. 287.0945, for all State
5 University System procurement, and additionally, ss. 255.101
6 and 255.102, for construction contracts, and rules adopted
7 pursuant thereto, relating to the utilization of minority
8 business enterprises, except that procurements costing less
9 than the amount provided for in CATEGORY FIVE as provided in
10 s. 287.017 shall not be subject to s. 287.09451 s.
11 287.0945(7)(a).
12 (r) Adopt rules pursuant to ss. 120.536(1) and 120.54
13 to implement provisions of law conferring duties upon it,
14 including, but not limited to, procedures to Administer an
15 acquisition program for the purchase or lease of real and
16 personal property and contractual services pursuant to s.
17 240.205(6).
18 (s) Monitor the extent of limited access programs
19 within the state universities and report to the State Board of
20 Education and the Legislature admissions and enrollment data
21 for limited access programs. Such report shall be submitted
22 by December 1, 1991, and annually thereafter, and shall assist
23 in determining the potential need for academic program
24 contracts with independent institutions pursuant to s.
25 229.053. The report shall include, for each limited access
26 program within each institution, the following categories, by
27 race and gender:
28 1. The number of applicants.
29 2. The number of applicants granted admission.
30 3. The number of applicants who are granted admission
31 and enroll.
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1 4. The number of applicants denied admission.
2 5. The number of applicants neither granted admission
3 nor denied admission.
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5 Each category shall be reported for each term. Each category
6 shall be reported by type of student, including the following
7 subcategories: native student, community college associate in
8 arts degree transfer student, and other student. Each
9 category and subcategory shall further be reported according
10 to the number of students who meet or exceed the minimum
11 eligibility requirements for admission to the program and the
12 number of students who do not meet or exceed the minimum
13 eligibility requirements for admission to the program.
14 (t) Require Adopt rules providing that each state
15 university to shall advise students who meet the minimum
16 requirements for admission to the upper division of a state
17 university, but are denied admission to limited access
18 programs, of the availability of similar programs at other
19 State University System institutions and the admissions
20 requirements of such programs.
21 (u) Allow the waiver of any or all application, course
22 registration, and related fees for persons who supervise
23 student interns for institutions in the State University
24 System.
25 (v) Manage systemwide enrollment.
26 (w) Establish policies relating to credit and
27 non-credit education offerings by universities in the State
28 University System.
29 (x) Establish and regulate faculty practice plans for
30 the academic health science centers.
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1 (4) Any powers not specifically delegated to the
2 universities by this act shall be retained by the Board of
3 Regents unless further delegated by action of the board.
4 (5) The Board of Regents is responsible for:
5 (a) Maintaining access to state universities by
6 qualified students regardless of financial need.
7 (b) Coordinating with the Postsecondary Education
8 Planning Commission the programs, including doctoral programs,
9 to be reviewed every 5 years or whenever the board determines
10 that the effectiveness or efficiency of a program is
11 jeopardized. The board shall define the indicators of quality
12 and the criteria for program review for every program. Such
13 indicators shall include need, student demand, and resources
14 available to support continuation. The results of the program
15 reviews shall be tied to the university budget requests.
16 (c) Coordinating the roles of the universities in
17 order to best meet state needs and reflect cost-effective use
18 of state resources.
19 (d) Advising the Legislature concerning opportunities
20 for bonding university revenues, including certificate of
21 participation bonds.
22 (e) Reviewing and approving or disapproving
23 baccalaureate degree programs that exceed 120 semester hours,
24 after consideration of accreditation requirements, employment
25 and earnings of graduates, comparative program lengths
26 nationally, and comparisons of similar programs offered by
27 independent institutions. A two-thirds affirmative vote of the
28 members of the Board of Regents must approve a request. By
29 December 31 of each year, the Board of Regents must report to
30 the Legislature any degrees in the State University System
31 which require more than 120 hours, along with appropriate
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1 evidence of need. At least every 5 years, the Board of
2 Regents must determine whether the programs still require more
3 than the standard length of 120 hours.
4 (f) Reviewing and approving or disapproving degree
5 programs identified by the Articulation Coordinating Committee
6 as unique pursuant to s. 229.551(1)(f)5. The Board of Regents
7 shall ensure that university students are aware of unique
8 program prerequisites.
9 (g) Ensuring that at least half of the required
10 coursework for any baccalaureate degree in the system is
11 offered at the lower-division level, except in program areas
12 approved by the Board of Regents pursuant to paragraph (e).
13 (h) Recommending to the Legislature a plan for the
14 implementation of an increased matriculation charge for
15 students taking coursework in excess of degree requirements.
16 (i) Recommending to the Legislature a plan for the
17 implementation of block tuition programs and other incentives
18 to encourage students to graduate in 4 years.
19 (6) Notwithstanding the provisions of s. 216.262(1),
20 the Board of Regents may authorize the rent or lease of
21 parking facilities provided that such facilities are funded
22 through parking fees or parking fines imposed by a university.
23 The board may authorize a university to charge fees for
24 parking at such rented or leased parking facilities.
25 (7) The Board of Regents is authorized to permit
26 full-time State University System employees who meet academic
27 requirements to enroll for up to 6 credit hours of
28 tuition-free courses per term on a space-available basis.
29 (8) Notwithstanding the provisions of s. 283.33, books
30 published by the State University System press shall not be
31 subject to the bid requirements provided in s. 287.017.
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1 (9) Notwithstanding the provisions of s. 253.025, the
2 Board of Regents may, with the consent of the Board of
3 Trustees of the Internal Improvement Trust Fund, sell, convey,
4 transfer, exchange, trade, or purchase real property and
5 related improvements necessary and desirable to serve the
6 needs and purposes of a university in the State University
7 System.
8 (a) The board may secure appraisals and surveys. The
9 board shall comply with the rules of the Board of Trustees of
10 the Internal Improvement Trust Fund in securing appraisals.
11 Whenever the board finds it necessary for timely property
12 acquisition, it may contract, without the need for competitive
13 selection, with one or more appraisers whose names are
14 contained on the list of approved appraisers maintained by the
15 Division of State Lands in the Department of Environmental
16 Protection.
17 (b) The board may negotiate and enter into an option
18 contract before an appraisal is obtained. The option contract
19 must state that the final purchase price may not exceed the
20 maximum value allowed by law. The consideration for such an
21 option contract may not exceed 10 percent of the estimate
22 obtained by the board or 10 percent of the value of the
23 parcel, whichever is greater, unless otherwise authorized by
24 the board.
25 (c) This subsection is not intended to abrogate in any
26 manner the authority delegated to the Board of Trustees of the
27 Internal Improvement Trust Fund or the Division of State Lands
28 to approve a contract for purchase of state lands or to
29 require policies and procedures to obtain clear legal title to
30 parcels purchased for state purposes. Title to property
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1 acquired by the board shall vest in the Board of Trustees of
2 the Internal Improvement Trust Fund.
3 (10) No school, college, or center at a state
4 university shall be named for a living person unless approved
5 by the Board of Regents.
6 (11) The board is authorized to adopt rules, as
7 necessary, to administer this section.
8 Section 2. Section 240.227, Florida Statutes, is
9 amended to read:
10 240.227 University presidents; powers and duties.--The
11 president is the chief administrative officer of the
12 university and is responsible for the operation and
13 administration of the university. Each university president
14 shall:
15 (1) Have the authority to adopt rules pursuant to ss.
16 120.536(1) and 120.54 to implement provisions of law governing
17 the operation and administration of the university, which
18 shall include the specific powers and duties enumerated in
19 this section. Such rules shall be consistent with the mission
20 of the university and statewide rules and policies and shall
21 assist in the development of the university in a manner which
22 will complement the missions and activities of the other
23 universities for the overall purpose of achieving the highest
24 quality of education for the citizens of the state.
25 (2) Prepare a budget request to be transmitted to the
26 Board of Regents. Such request shall be prepared in
27 accordance with the fiscal policy guidelines, formats, and
28 instructions prescribed by the Board of Regents.
29 (3) Develop an operating budget.
30 (4) Conduct biennially a space utilization study to
31 support the university budget request for capital outlay.
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1 (5) Appoint university personnel and provide for the
2 compensation and other conditions of employment such as
3 recruitment, non-reappointment, benefits and hours of work,
4 evaluation, recognition, inventions and works, learning
5 opportunities, academic freedom and responsibility, promotion,
6 assignment, demotion, transfer, tenure and permanent status,
7 ethical obligations and conflicts of interest, restrictive
8 covenants, disciplinary actions, complaints, appeals and
9 grievance procedures, and separation and termination from
10 employment, consistent with applicable law, collective
11 bargaining agreements, and the Board of Regents rules rule for
12 university personnel who are exempt from chapter 110.
13 (6) Certify annually to the Board of Regents the
14 actual classroom contact hours conducted by each faculty
15 member.
16 (7) Maintain all data and information pertaining to
17 the operation of the university.
18 (8) Govern admissions, subject to rules of the Board
19 of Regents and as provided in s. 240.233.
20 (9) Develop a program of continuing education and
21 establish, pursuant to rules and guidelines adopted by the
22 Board of Regents, fees for continuing education activities
23 within the university service area when there is a
24 demonstrated and justified need. The university is authorized
25 to cooperate with any public utility, any other governmental
26 entity or private individual, or any type of profit or
27 nonprofit legal entity in connection with the establishment
28 and operation of such a continuing education program,
29 including the acceptance of money and other things of value.
30 (10) Provide and coordinate credit and noncredit
31 extension courses in all fields which the university considers
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1 necessary to improve and maintain the educational standards of
2 the university service area.
3 (11) Establish and maintain Make rules necessary for
4 the establishment and maintenance of a personnel exchange
5 program, by which persons employed within the university as
6 instructional and research faculty and comparable
7 administrative and professional staff may be exchanged with
8 persons employed in like capacities by institutions of higher
9 learning which are not under the jurisdiction of the
10 university, by units of government either within or without
11 this state, or by private industry. The salary and benefits
12 of State University System and state personnel participating
13 in the exchange program shall be continued during the period
14 of time they participate in the exchange program, and such
15 personnel shall be deemed to have no break in creditable or
16 continuous state service or employment during the period of
17 time in which they participate in the exchange program. The
18 salary and benefits of persons participating in the personnel
19 exchange program who are employed by institutions of higher
20 learning which are not under the jurisdiction of the
21 university, by units of government either within or without
22 this state, or by private industry shall be paid by the
23 originating employers of those participants. The duties and
24 responsibilities of a person participating in the exchange
25 program shall be the same as those of the person he or she
26 replaces.
27 (12) Approve and execute contracts for the acquisition
28 of commodities, goods, equipment, services, leases of real and
29 personal property, and construction to be rendered to or by
30 the university, provided such contracts are made pursuant to
31 rules of the Board of Regents, are for the implementation of
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1 approved programs of the university, and do not require
2 expenditures in excess of $1 million. The acquisition may be
3 made by installment or lease-purchase contract. Such
4 contracts may provide for the payment of interest on the
5 unpaid portion of the purchase price. Notwithstanding any
6 other provisions of this subsection, university presidents
7 shall comply with the provisions of s. 287.055 for the
8 procurement of professional services and may approve and
9 execute all contracts for planning, construction, and
10 equipment for projects with building programs and construction
11 budgets approved by the Board of Regents. For the purposes of
12 a university president's contracting authority, a "continuing
13 contract" for professional services under the provisions of s.
14 287.055 is one in which construction costs do not exceed $1
15 million or the fee for study activity does not exceed
16 $100,000.
17 (13) Use, maintain, protect, and control
18 university-owned or university-controlled buildings and
19 grounds, property and equipment, name, and trademarks and
20 other proprietary marks, and the financial and other resources
21 of the university. Such authority may include placing
22 restrictions on commercial activity and on access to
23 facilities, firearms, food, tobacco, alcoholic beverages,
24 distribution of printed materials, animals, and sound. The
25 authority vested in the university president under this
26 subsection includes the authority to prioritize the use of
27 university space, property, equipment, and resources and the
28 authority to impose charges for the use of those items.
29 Furthermore, each university president has Manage the property
30 and financial resources of the university, including, but not
31 limited to, having the authority to adjust property records
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1 and dispose of state-owned tangible personal property in the
2 university's custody in accordance with procedures established
3 by the Board of Regents. Notwithstanding the provisions of s.
4 273.055(5), all moneys received from the disposition of
5 state-owned tangible personal property shall be retained by
6 the university and disbursed for the acquisition of tangible
7 personal property and for all necessary operating
8 expenditures. The university shall maintain records of the
9 accounts into which such moneys are deposited.
10 (14) Establish the internal academic calendar of the
11 university within general guidelines of the Board of Regents.
12 (15) Administer the university's program of
13 intercollegiate athletics.
14 (16) Recommend to the Board of Regents the
15 establishment and termination of degree programs within the
16 approved role and scope of the university.
17 (17) Award degrees.
18 (18) Supervise all construction contracts.
19 (19) Administer personnel programs established by the
20 Board of Regents and any applicable collective bargaining
21 agreements under the supervision of the Board of Regents.
22 (19)(20) Recommend to the Board of Regents any fees
23 applicable to the university and not otherwise prescribed by
24 law.
25 (20)(21) Organize the university to efficiently and
26 effectively achieve the goals of the university; however, any
27 reorganization which increases the number of administrators or
28 their level of compensation shall be reviewed and approved by
29 the Board of Regents.
30 (21)(22) Review periodically the operations of the
31 university in order to determine whether the rules and
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1 policies of the Board of Regents and the universities are
2 being followed and to determine how effectively and
3 efficiently the university is being administered.
4 (22)(23) Otherwise provide for the effective operation
5 of the university in the achievement of the goals established
6 for it in the strategic plan adopted by the Board of Regents.
7 (23)(24) Adopt rules and Enter into agreements for
8 student exchange programs which involve students at the
9 university and students in institutions of higher learning,
10 either within or without the state, which are not in the State
11 University System. Such agreements may provide that the
12 tuition and fees of a student who is enrolled in a university
13 in the State University System and who is participating in an
14 exchange program shall be paid to the state university during
15 the period of time he or she is participating in the exchange
16 program. Such agreements may also provide that the tuition
17 and fees of a student who is enrolled in an institution which
18 is not in the State University System and who is participating
19 in an exchange program shall be paid to the nonstate
20 institution in which he or she is enrolled.
21 (24) Approve the internal procedures of student
22 government and provide purchasing, contracting, and
23 budgetary-review processes.
24 (25) Provide for the use and protection of data and
25 technology, including information systems, communication
26 systems, computer hardware and software, and networks.
27 (26) Ensure compliance with federal laws, regulations,
28 and other requirements that are applicable to the university.
29 (27) Each university president is authorized to adopt
30 rules to implement the provisions of this section.
31
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1 Section 3. Subsection (6) of section 240.229, Florida
2 Statutes, is amended to read:
3 240.229 Universities; powers; patents, copyrights, and
4 trademarks.--Any other law to the contrary notwithstanding,
5 each university is authorized, in its own name, to:
6 (6) Do all other acts necessary and proper for the
7 execution of powers and duties herein conferred upon the
8 university, including adopting rules, as necessary, in order
9 to administer this section. Any proceeds therefrom shall be
10 deposited and expended in accordance with s. 240.241. Any
11 action taken by the university in securing or exploiting such
12 trademarks, copyrights, or patents shall, within 30 days, be
13 reported in writing by the president to the Department of
14 State.
15 Section 4. Section 240.233, Florida Statutes, is
16 amended to read:
17 240.233 Universities; admissions of students.--Each
18 university president is authorized to adopt rules governing
19 the admission of students shall govern admissions of students,
20 subject to this section and rules of the Board of Regents.
21 (1) Minimum academic standards for undergraduate
22 admission to a university must include the requirements that:
23 (a) Each student have received a high school diploma
24 pursuant to s. 232.246, or its equivalent, except as provided
25 in s. 240.116(2) and (3).
26 (b) Each student have earned two credits of sequential
27 foreign language at the secondary level or the equivalent of
28 such instruction at the postsecondary level. A student whose
29 native language is not English is exempt from this admissions
30 requirement, provided that the student demonstrates
31 proficiency in the native language. If a standardized test is
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1 not available in the student's native language for the
2 demonstration of proficiency, the university may provide an
3 alternative method of assessment. The State Board of
4 Education shall adopt rules for the articulation of foreign
5 language competency and equivalency between secondary and
6 postsecondary institutions. A student who received an
7 associate in arts degree prior to September 1, 1989, or who
8 enrolled in a program of studies leading to an associate
9 degree from a Florida community college prior to August 1,
10 1989, and maintains continuous enrollment shall be exempt from
11 this admissions requirement.
12 (2) The Board of Regents shall adopt rules which
13 provide for a limited number of students to be admitted to the
14 State University System, notwithstanding the admission
15 requirements of paragraph (1)(b), if there is evidence that
16 the applicant is expected to do successful academic work at
17 the admitting university. The number of applicants admitted
18 under this subsection may not exceed 5 percent of the total
19 number of freshmen who entered the State University System the
20 prior year. Any lower-division student admitted without
21 meeting the foreign language requirement must earn such
22 credits prior to admission to the upper division of a state
23 university. Any associate in arts degree graduate from a
24 public community college or university in Florida, or other
25 upper-division transfer student, admitted without meeting the
26 foreign language requirement, must earn such credits prior to
27 graduation from a state university. Students shall be exempt
28 from the provisions of this subsection if they can demonstrate
29 proficiency in American sign language equivalent to that of
30 students who have completed two credits of such instruction in
31 high school.
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1 (3)(a) Nonresident students may be admitted to the
2 university upon such terms as the university may establish.
3 However, such terms shall include, but shall not be limited
4 to: completion of a secondary school curriculum which
5 includes 4 years of English; 3 years each of mathematics,
6 science, and social sciences; and 2 years of a foreign
7 language.
8 (b) Within the admission standards provided for in
9 subsection (1), the Board of Regents shall develop procedures
10 for weighting courses which are necessary to meet the
11 requirements of a college-preparatory curriculum at a higher
12 value than less rigorous courses. Credits received in such
13 courses shall be given greater value in determining admission
14 by universities than cumulative grade point averages in high
15 school.
16 (4) Consideration shall be given to the past actions
17 of any person applying for admission as a student to any state
18 university, either as a new applicant, an applicant for
19 continuation of studies, or a transfer student, when such
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 (5) In any application for admission by a student as a
24 citizen of the state, the applicant, if 18 years of age, or,
25 if a minor, his or her parents or guardian shall make and file
26 with such application a written statement under oath that such
27 applicant is a citizen and resident of the state and entitled,
28 as such, to admission upon the terms and conditions prescribed
29 for citizens and residents of the state.
30 (6) Rules of the State Board of Education shall
31 require the use of scores on tests of college-level
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1 communication and computation skills provided in s. 229.551 as
2 a condition for admission of students to upper-division
3 instructional programs from community colleges, including
4 those who have been awarded associate in arts degrees. Use of
5 such test scores as an admission requirement shall extend
6 equally and uniformly to students enrolled in lower divisions
7 in the State University System and to transfer students from
8 other colleges and universities. The tests shall be required
9 for community college students seeking associate in arts
10 degrees and students seeking admission to upper-division
11 instructional programs in the State University System. The
12 use of test scores prior to August 1, 1984, shall be limited
13 to student counseling and curriculum improvement.
14 (7) For the purposes of this section, American sign
15 language constitutes a foreign language. Florida high schools
16 may offer American sign language as a for-credit elective or
17 as a substitute for any already authorized foreign language
18 requirement.
19 (8) A Florida resident who is denied admission as an
20 undergraduate to a state university for failure to meet the
21 high school grade point average requirement may appeal the
22 decision to the university and request a recalculation of the
23 grade point average including in the revised calculation the
24 grades earned in up to three credits of advanced fine arts
25 courses. The university shall provide the student with a
26 description of the appeals process at the same time as
27 notification of the admissions decision. The university shall
28 recalculate the student's grade point average using the
29 additional courses and advise the student of any changes in
30 the student's admission status. For purposes of this section,
31 fine arts courses include courses in music, drama, painting,
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1 sculpture, speech, debate, or a course in any art form that
2 requires manual dexterity. Advanced level fine arts courses
3 include fine arts courses identified in the course code
4 directory as Advanced Placement, pre-International
5 Baccalaureate, or International Baccalaureate, or fine arts
6 courses taken in the third or fourth year of a fine arts
7 curriculum.
8 Section 5. Subsection (17) is added to section
9 240.241, Florida Statutes, to read:
10 240.241 Divisions of sponsored research at state
11 universities.--
12 (17) Each university president is authorized to adopt
13 rules, as necessary, to administer this section.
14 Section 6. Section 240.261, Florida Statutes, is
15 amended to read:
16 240.261 Codes of conduct; disciplinary measures;
17 rulemaking authority rules.--
18 (1) Each university may adopt, by rule, codes of
19 conduct and a uniform code of appropriate penalties for
20 violations of rules by students and employees, to be
21 administered by the president of each university. Such
22 penalties, unless otherwise provided by law, may include:
23 reprimand; restitution; fines;, the withholding of diplomas or
24 transcripts pending compliance with rules, completion of any
25 student judicial process or sanction, or payment of fines;
26 restrictions on the use of or removal from university
27 facilities; community service; educational requirements;, and
28 the imposition of probation, suspension, or dismissal, or
29 expulsion.
30 (2) Each university may adopt, by rule, a code of
31 conduct and appropriate penalties for violations of rules by
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1 student organizations, to be administered by the university.
2 Such penalties, unless otherwise provided by law, may include:
3 reprimand; restitution; suspension, cancellation, or
4 revocation of the registration or official recognition of a
5 student organization; and restrictions on the use of, or
6 removal from, university facilities.
7 (3) Sanctions authorized by university codes of
8 conduct may be imposed only for acts or omissions in violation
9 of rules adopted by the university, including rules adopted
10 under this section, rules of the Board of Regents, county and
11 municipal ordinances, and the laws of this state, the United
12 States, or any other state.
13 (4) Each university may establish and adopt, by rule,
14 codes of appropriate penalties for violations of rules
15 governing student academic honesty. Such penalties, unless
16 otherwise provided by law, may include: reprimand; reduction
17 of grade; denial of academic credit; invalidation of
18 university credit or of the degree based upon such credit;
19 probation; suspension; dismissal; or expulsion. In addition to
20 any other penalties that may be imposed, an individual may be
21 denied admission or further registration, and the university
22 may invalidate academic credit for work done by a student and
23 may invalidate or revoke the degree based upon such credit if
24 it is determined that the student has made false, fraudulent,
25 or incomplete statements in the application, residence
26 affidavit, or accompanying documents or statements in
27 connection with, or supplemental to, the application for
28 admission to or graduation from the university.
29 (5)(2) The university shall adopt rules for the lawful
30 discipline of any student, faculty member, or member of the
31 administrative staff who intentionally acts to impair,
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1 interfere with, or obstruct the orderly conduct, processes,
2 and functions of a state university. Said rules may apply to
3 acts conducted on or off campus when relevant to such orderly
4 conduct, processes, and functions.
5 Section 7. Subsection (4) is added to section 240.291,
6 Florida Statutes, to read:
7 240.291 Delinquent accounts.--
8 (4) Each university is authorized to adopt rules, as
9 necessary, to implement the provisions of this section,
10 including setoff procedures, payroll deductions, and
11 restrictions on release of transcripts, awarding of diplomas,
12 and access to other university resources and services.
13 Section 8. This act shall take effect July 1, 2000.
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