Senate Bill 2448

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    Florida Senate - 2000                                  SB 2448

    By Senator Sullivan





    22-1424-00

  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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    Florida Senate - 2000                                  SB 2448
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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)  Treasure Coast University in Indian River County.

25         (d)  Ringling University in Sarasota County.

26         (2)  The universities will be developed using a

27  combination of new and existing facilities, with initial

28  development at locations and facilities in the state's

29  existing postsecondary education systems.

30         (3)  Criteria for determining the location of these

31  institutions and need for and location of subsequent

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    Florida Senate - 2000                                  SB 2448
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  1  baccalaureate and master's degree oriented universities will

  2  be developed by the Postsecondary Education Planning

  3  Commission and recommended to the State Board of Education for

  4  adoption no later than January 1, 2001. The criteria must

  5  consider a demonstrated local need for services and existing

  6  local postsecondary opportunities.

  7         (4)  A community college may not convert to a

  8  baccalaureate and master's degree oriented university.

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

10  baccalaureate and master's degree oriented universities is to

11  provide high quality undergraduate education at an affordable

12  price and to promote regional and statewide economic

13  development. Initially, course offerings will be limited to

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

15  and a limited number of professional programs, including

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

17  complement not compete with community colleges and

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

19  accomplished by encouraging inter-institutional cooperation

20  and by providing upper-division undergraduate opportunities to

21  community college transfer students, particularly students

22  with Associate of Science degrees transferring into

23  baccalaureate programs. The emphasis at these new universities

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

25  primarily at the baccalaureate-degree level with a limited

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

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

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

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

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

31  degree oriented university campus.

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    Florida Senate - 2000                                  SB 2448
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  1         Section 4.  Operational plan.--The baccalaureate and

  2  master's degree oriented universities shall begin admitting

  3  students for classes beginning with the fall term of the

  4  2002-2003 academic year. The Postsecondary Education Planning

  5  Commission shall develop an operational plan for inaugurating

  6  the universities and present its recommendations to the

  7  President of the Senate and the Speaker of the House of

  8  Representatives by January 1, 2001.

  9         Section 5.  University boards of trustees.--

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

11  university must be governed by a board of trustees comprised

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

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

14  Governor and confirmed by the Senate in regular session.

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

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

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

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

19  consecutive absences from board meetings are considered a

20  resignation.

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

22  salary but may receive reimbursement for expenses as provided

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

24  from official board meetings.

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

26  year, each board of trustees shall:

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

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

29  to attest to actions of the board.

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

31  during the absence or disability of the elected chair.

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    Florida Senate - 2000                                  SB 2448
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  1         (5)  The university president is the executive officer

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

  3  the chief administrative officer of the university. All the

  4  components of the institution and all aspects of its operation

  5  are the responsibility of the board of trustees through the

  6  president.

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

  8  without the recommendation of the president and may require

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

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

11         Section 6.  University board of trustees to constitute

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

13  oriented university board of trustees is constituted a body

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

15               University at              , Florida." In all

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

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

18  another member of the board.

19         Section 7.  University boards of trustees; powers and

20  duties.--

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

22  the responsibility to operate its respective university and

23  with the necessary authority for the proper operation and

24  improvement of the university in accordance with the rules of

25  the State Board of Education.

26         (2)  Each university board of trustees shall adopt

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

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

29  responsibilities as set forth in law, its governance,

30  personnel, budget and finance, administration, programs,

31  curriculum and instruction, buildings and grounds, travel and

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    Florida Senate - 2000                                  SB 2448
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  1  purchasing, technology, students, contracts and grants, or

  2  university property.

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

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

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

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

  7  may appoint a presidential search committee.

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

  9  establishment and discontinuance of program and course

10  offerings; the provision of instructional and noninstructional

11  community services; the location of classes and services

12  provided; and the dissemination of information concerning the

13  programs and services.

14         (c)  Each board of trustees constitutes the contracting

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

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

17  trustees.

18         (d)  Whenever the Department of Education finds it

19  necessary for the welfare and convenience of any university to

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

21  property cannot be acquired by agreement satisfactory to the

22  board of trustees of the university and the parties interested

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

24  of trustees may exercise the right of eminent domain after

25  receiving approval from the State Board of Education and may

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

27  chapters 73 and 74, Florida Statutes.

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

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

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

31

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    Florida Senate - 2000                                  SB 2448
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  1  university, subject to rules adopted by the State Board of

  2  Education.

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

  4  procedures, and policies related to the appointment,

  5  employment, and removal of personnel. The board shall

  6  determine the compensation, including salaries and fringe

  7  benefits, and other conditions of employment for such

  8  personnel, including the president.

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

10  university shall govern admission of students, subject to this

11  section and rules of the State Board of Education.

12         (1)  Minimum academic standards for undergraduate

13  admission to a university require a student to complete the

14  requirements for a standard high school diploma as prescribed

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

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

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

18  Regents and recommended by the State Board of Community

19  Colleges as college-preparatory academic courses.

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

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

22  to the university, notwithstanding the admission requirements

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

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

25  number of applicants admitted under this subsection may not

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

27  the university the prior academic year.

28         (3)  Nonresident students may be admitted to the

29  university upon such terms as the university may establish.

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

31  a secondary school curriculum which includes 4 years of

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    Florida Senate - 2000                                  SB 2448
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  1  English and 3 years each of mathematics, science, and social

  2  sciences. The total number of nonresident applicants admitted

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

  4  number of freshman who entered the university the prior

  5  academic year.

  6         Section 9.  Student fees.--

  7         (1)  The student per credit hour matriculation and

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

  9  per credit hour cost of instruction as determined annually by

10  the Legislature in the General Appropriations Act.

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

12  establish separate activity and service and health fees. When

13  duly established, the fees shall be collected as component

14  parts of the matriculation and tuition fees and shall be

15  retained by the university and paid into the separate activity

16  and service and health funds.

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

18  law.

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20            *****************************************

21                          SENATE SUMMARY

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

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