House Bill 2247

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    Florida House of Representatives - 2000                HB 2247

        By Representative Sanderson






  1                      A bill to be entitled

  2         An act relating to postsecondary education;

  3         providing for the creation of baccalaureate and

  4         master's degree oriented universities;

  5         directing the Postsecondary Education Planning

  6         Commission to develop an operational plan;

  7         providing for the mission and governance of the

  8         new universities; providing for admission

  9         standards and student fees; providing an

10         effective date.

11

12         WHEREAS, the social, economic, and technological

13  changes taking place in our environment require the state to

14  strive to eliminate any systemic, institutional, or geographic

15  barriers to providing qualified students with postsecondary

16  opportunities that will allow them timely access to degree

17  attainment, and

18         WHEREAS, Florida's production of baccalaureate degrees

19  ranks among the lowest in the nation, and

20         WHEREAS, Florida has the fewest number of 4-year public

21  postsecondary institutions of any major state and those

22  institutions, on average, are some of the largest institutions

23  in the nation, and

24         WHEREAS, Florida's higher education institutions have

25  been able to accommodate limited growth in the past, the

26  future will almost certainly require innovative ways to serve

27  increased demands for 4-year degree programs, and

28         WHEREAS, the structure of Florida's postsecondary

29  delivery system will directly determine the effectiveness of

30  the state's efforts to increase access both to educational

31  opportunities and the production of graduates, and

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  1         WHEREAS, the advantages of increasing degree access

  2  through universities that are primarily teaching institutions

  3  versus a research university model are lower operating costs,

  4  a focus on undergraduate education, and a limited

  5  institutional mission without doctoral programs or a heavy

  6  concentration on research, NOW, THEREFORE,

  7

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

  9

10         Section 1.  Legislative intent.--It is the intent of

11  the Legislature to create individually governed baccalaureate

12  and master's degree oriented universities as a means of

13  increasing public access to higher education opportunities,

14  thereby increasing the production of baccalaureate degrees in

15  the state. These universities will also play a vital role in

16  addressing the state's need for a larger trained workforce and

17  in alleviating the teacher shortages facing public schools.

18         Section 2.  Baccalaureate and master's degree oriented

19  universities.--

20         (1)  The first four baccalaureate and master's degree

21  oriented universities will be as follows:

22         (a)  Suncoast University in Pinellas County.

23         (b)  Los Olas University in Broward County.

24         (c)  Ringling University in Sarasota County.

25         (2)  The universities will be developed using a

26  combination of new and existing facilities, with initial

27  development at locations and facilities in the state's

28  existing postsecondary education systems.

29         (3)  A community college may not convert to a

30  baccalaureate and master's degree oriented university.

31

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    Florida House of Representatives - 2000                HB 2247

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  1         Section 3.  University mission.--The mission of the

  2  baccalaureate and master's degree oriented universities is to

  3  provide high quality undergraduate education at an affordable

  4  price and to promote regional and statewide economic

  5  development. Initially, course offerings will be limited to

  6  core programs in the liberal arts and sciences, technology,

  7  and a limited number of professional programs, including

  8  business and education. The role of these universities is to

  9  complement not compete with community colleges and

10  institutions in the State University System. This role will be

11  accomplished by encouraging inter-institutional cooperation

12  and by providing upper-division undergraduate opportunities to

13  community college transfer students, particularly students

14  with Associate of Science degrees transferring into

15  baccalaureate programs. The emphasis at these new universities

16  will be on teaching, not research. Instruction will be

17  primarily at the baccalaureate-degree level with a limited

18  number of master's-degree level courses and programs. This

19  primary mission, however, does not preclude one of these

20  universities from entering into a joint-use agreement with any

21  institution in the State University System to offer master's

22  and doctoral degree programs on the baccalaureate and master's

23  degree oriented university campus.

24         Section 4.  Operational plan.--The baccalaureate and

25  master's degree oriented universities shall begin admitting

26  students for classes beginning with the fall term of the

27  2002-2003 academic year. The Postsecondary Education Planning

28  Commission shall develop an operational plan for inaugurating

29  the universities and present its recommendations to the

30  President of the Senate, the Speaker of the House of

31  Representatives, and the Governor by January 1, 2001.

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    Florida House of Representatives - 2000                HB 2247

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  1         Section 5.  University boards of trustees.--

  2         (1)  Each baccalaureate and master's degree oriented

  3  university must be governed by a board of trustees comprised

  4  of nine members who must be residents of the county in which

  5  the university is located. The trustees are appointed by the

  6  Governor and confirmed by the Senate in regular session.

  7         (2)  The trustees shall serve terms of 4 years;

  8  however, for the initial board of trustees, three members

  9  shall be appointed for 2 years, three members for 3 years, and

10  three members for 4 years. A trustee may be reappointed. Three

11  consecutive absences from board meetings are considered a

12  resignation.

13         (3)  Members of the board of trustees shall receive no

14  salary but may receive reimbursement for expenses as provided

15  in section 112.061, Florida Statutes, including mileage to and

16  from official board meetings.

17         (4)  At its first regular meeting after July 1 of each

18  year, each board of trustees shall:

19         (a)  Elect a chair, whose duties are to preside at all

20  meetings of the board, to call special meetings thereof, and

21  to attest to actions of the board.

22         (b)  Elect a vice chair, whose duty is to act as chair

23  during the absence or disability of the elected chair.

24         (5)  The university president is the executive officer

25  and corporate secretary of the board of trustees as well as

26  the chief administrative officer of the university. All the

27  components of the institution and all aspects of its operation

28  are the responsibility of the board of trustees through the

29  president.

30         (6)  The board of trustees has the power to take action

31  without the recommendation of the president and may require

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  1  the president to deliver to the board all data and information

  2  required by the board in the performance of its duties.

  3         Section 6.  University board of trustees to constitute

  4  a corporation.--Each baccalaureate and master's degree

  5  oriented university board of trustees is constituted a body

  6  corporate by the name of "The Board of Trustees of

  7               University at              , Florida." In all

  8  suits against the board, service of process shall be made on

  9  the chair of the board or, in the absence of the chair, on

10  another member of the board.

11         Section 7.  University boards of trustees; powers and

12  duties.--

13         (1)  Each university board of trustees is vested with

14  the responsibility to operate its respective university and

15  with the necessary authority for the proper operation and

16  improvement of the university in accordance with the rules of

17  the State Board of Education.

18         (2)  Each university board of trustees shall adopt

19  rules, procedures, and policies consistent with law and rules

20  of the State Board of Education relating to its mission and

21  responsibilities as set forth in law, its governance,

22  personnel, budget and finance, administration, programs,

23  curriculum and instruction, buildings and grounds, travel and

24  purchasing, technology, students, contracts and grants, or

25  university property.

26         (3)  The rules, procedures, and policies for the board

27  of trustees include, but are not limited to, the following:

28         (a)  Each board of trustees shall appoint, suspend, or

29  remove the president of the university. The board of trustees

30  may appoint a presidential search committee.

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  1         (b)  Each board of trustees has responsibility for the

  2  establishment and discontinuance of program and course

  3  offerings; the provision of instructional and noninstructional

  4  community services; the location of classes and services

  5  provided; and the dissemination of information concerning the

  6  programs and services.

  7         (c)  Each board of trustees constitutes the contracting

  8  agent of the university. It may, when acting as a body, make

  9  contracts, sue, and be sued in the name of the board of

10  trustees.

11         (d)  Whenever the Department of Education finds it

12  necessary for the welfare and convenience of any university to

13  acquire private property for the use of the university and the

14  property cannot be acquired by agreement satisfactory to the

15  board of trustees of the university and the parties interested

16  in or the owners of the private property, the university board

17  of trustees may exercise the right of eminent domain after

18  receiving approval from the State Board of Education and may

19  then proceed to condemn the property in the manner provided by

20  chapters 73 and 74, Florida Statutes.

21         (e)  Each board of trustees may purchase, acquire,

22  receive, hold, own, manage, lease, sell, dispose of, and

23  convey title to real property in the best interests of the

24  university, subject to rules adopted by the State Board of

25  Education.

26         (f)  Each board of trustees may adopt rules,

27  procedures, and policies related to the appointment,

28  employment, and removal of personnel. The board shall

29  determine the compensation, including salaries and fringe

30  benefits, and other conditions of employment for such

31  personnel, including the president.

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  1         Section 8.  Universities; admission of students.--Each

  2  university shall govern admission of students, subject to this

  3  section and rules of the State Board of Education.

  4         (1)  Minimum academic standards for undergraduate

  5  admission to a university require a student to complete the

  6  requirements for a standard high school diploma as prescribed

  7  by section 232.246, Florida Statutes. Among courses taken to

  8  fulfill the 24-academic-credit requirement, a student must

  9  take high school courses that are adopted by the Board of

10  Regents and recommended by the State Board of Community

11  Colleges as college-preparatory academic courses.

12         (2)  A university board of trustees may adopt rules

13  that provide for a limited number of students to be admitted

14  to the university, notwithstanding the admission requirements

15  of subsection (1), if there is evidence that the applicant is

16  expected to do successful academic work at the university. The

17  number of applicants admitted under this subsection may not

18  exceed 5 percent of the total number of freshman who entered

19  the university the prior academic year.

20         (3)  Nonresident students may be admitted to the

21  university upon such terms as the university may establish.

22  The terms shall include, but not be limited to: completion of

23  a secondary school curriculum which includes 4 years of

24  English and 3 years each of mathematics, science, and social

25  sciences. The total number of nonresident applicants admitted

26  under this subsection may not exceed 5 percent of the total

27  number of freshman who entered the university the prior

28  academic year.

29         Section 9.  Student fees.--

30         (1)  The student per credit hour matriculation and

31  tuition fee must be the equivalent of 25 percent of the total

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    Florida House of Representatives - 2000                HB 2247

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  1  per credit hour cost of instruction as determined annually by

  2  the Legislature in the General Appropriations Act.

  3         (2)  Each university board of trustees is authorized to

  4  establish separate activity and service and health fees. When

  5  duly established, the fees shall be collected as component

  6  parts of the matriculation and tuition fees and shall be

  7  retained by the university and paid into the separate activity

  8  and service and health funds.

  9         Section 10.  This act shall take effect upon becoming a

10  law.

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12            *****************************************

13                          HOUSE SUMMARY

14    Provides for the creation of baccalaureate and master's
      degree oriented universities in order to increase public
15    access to higher education opportunities.

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