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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