Senate Bill 2448c1

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    Florida Senate - 2000                           CS for SB 2448

    By the Committee on Governmental Oversight and Productivity;
    and Senator Sullivan




    22-2085A-00

  1                      A bill to be entitled

  2         An act relating to postsecondary education;

  3         providing for the creation of

  4         baccalaureate-and-master's-degree-oriented

  5         universities; directing the Postsecondary

  6         Education Planning Commission to develop an

  7         operational plan; providing for the mission and

  8         governance of the new universities; providing

  9         for admission standards and student fees;

10         providing an 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, while Florida's higher education institutions

25  have 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                           CS for 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

12  baccalaureate-and-master's-degree-oriented universities as a

13  means of increasing the number of baccalaureate degrees in the

14  community. These universities will also play a vital role in

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

16  in alleviating the teacher shortages facing public schools.

17         Section 2.  Baccalaureate-and-master's-degree-oriented

18  universities.--

19         (1)  Baccalaureate-and-master's-degree-oriented

20  universities are as follows:

21         (a)  Suncoast University in Pinellas County.

22         (b)  Las Olas University in Broward County.

23         (c)  Ringling University in Sarasota County.

24         (2)  The universities will be developed using a

25  combination of new and existing facilities, with initial

26  development at locations and facilities in the state's

27  existing postsecondary education systems.

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

29  baccalaureate-and-master's-degree-oriented university.

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

31  baccalaureate-and-master's-degree-oriented universities is to

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    Florida Senate - 2000                           CS for SB 2448
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  1  provide high quality undergraduate education at an affordable

  2  price and to promote regional and statewide economic

  3  development. Initially, course offerings will be limited to

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

  5  and a limited number of professional programs, including

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

  7  complement not compete with community colleges and

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

  9  accomplished by encouraging inter-institutional cooperation

10  and by providing upper-division undergraduate opportunities to

11  community college transfer students, particularly students

12  with Associate of Science degrees transferring into

13  baccalaureate programs. The emphasis at these new universities

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

15  primarily at the baccalaureate-degree level with a limited

16  number of master's-degree-level courses and programs. Whenever

17  feasible, a baccalaureate-and-master's-degree-oriented

18  university may contract with a local community college to

19  provide lower-division instruction. This primary mission,

20  however, does not preclude one of these universities from

21  entering into a joint-use agreement with any institution in

22  the State University System to offer master's and doctoral

23  degree programs on the

24  baccalaureate-and-master's-degree-oriented university campus.

25         Section 4.  Operational plan.--The

26  baccalaureate-and-master's-degree-oriented universities shall

27  begin admitting students for classes beginning with the fall

28  term of the 2002-2003 academic year. The Postsecondary

29  Education Planning Commission shall develop an operational

30  plan for inaugurating the universities and present its

31  recommendations to the President of the Senate, the Speaker of

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    Florida Senate - 2000                           CS for SB 2448
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  1  the House of Representatives, and the Governor by January 1,

  2  2001.

  3         Section 5.  University boards of trustees.--

  4         (1)  Each baccalaureate-and-master's-degree-oriented

  5  university must be governed by a board of trustees comprised

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

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

  8  Governor and confirmed by the Senate in regular session.

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

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

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

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

13  consecutive absences from board meetings are considered a

14  resignation.

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

16  salary but may receive reimbursement for expenses as provided

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

18  from official board meetings.

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

20  year, each board of trustees shall:

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

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

23  to attest to actions of the board.

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

25  during the absence or disability of the elected chair.

26         (5)  The university president is the executive officer

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

28  the chief administrative officer of the university. All the

29  components of the institution and all aspects of its operation

30  are the responsibility of the board of trustees through the

31  president.

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    Florida Senate - 2000                           CS for SB 2448
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  1         (6)  The board of trustees has the power to take action

  2  without the recommendation of the president and may require

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

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

  5         Section 6.  University board of trustees to constitute

  6  a corporation.--Each

  7  baccalaureate-and-master's-degree-oriented university board of

  8  trustees is constituted a body corporate by the name of "The

  9  Board of Trustees of              University at              ,

10  Florida." In all suits against the board, service of process

11  shall be made on the chair of the board or, in the absence of

12  the chair, on another member of the board.

13         Section 7.  University boards of trustees; powers and

14  duties.--

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

16  the responsibility to operate its respective university and

17  with the necessary authority for the proper operation and

18  improvement of the university in accordance with the rules of

19  the State Board of Education.

20         (2)  Each university board of trustees shall adopt

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

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

23  responsibilities as set forth in law, its governance,

24  personnel, budget and finance, administration, programs,

25  curriculum and instruction, buildings and grounds, travel and

26  purchasing, technology, students, contracts and grants, and

27  university property.

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

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

30

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    Florida Senate - 2000                           CS for SB 2448
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  1         (a)  Each board of trustees shall appoint, suspend, or

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

  3  may appoint a presidential search committee.

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

  5  establishment and discontinuance of program and course

  6  offerings; the provision of instructional and noninstructional

  7  community services; the location of classes and services

  8  provided; and the dissemination of information concerning the

  9  programs and services.

10         (c)  Each board of trustees constitutes the contracting

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

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

13  trustees.

14         (d)  Whenever the Department of Education finds it

15  necessary for the welfare and convenience of any university to

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

17  property cannot be acquired by agreement satisfactory to the

18  board of trustees of the university and the parties interested

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

20  of trustees may exercise the right of eminent domain after

21  receiving approval from the State Board of Education and may

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

23  chapters 73 and 74, Florida Statutes.

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

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

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

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

28  Education.

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

30  procedures, and policies related to the appointment,

31  employment, and removal of personnel. The board shall

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    Florida Senate - 2000                           CS for SB 2448
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  1  determine the compensation, including salaries and fringe

  2  benefits, and other conditions of employment for such

  3  personnel, including the president.

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

  5  university shall govern admission of students, subject to this

  6  section and rules of the State Board of Education.

  7         (1)  Minimum academic standards for undergraduate

  8  admission to a university require a student to complete the

  9  requirements for a standard high school diploma as prescribed

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

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

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

13  Regents and recommended by the State Board of Community

14  Colleges as college-preparatory academic courses.

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

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

17  to the university, notwithstanding the admission requirements

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

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

20  number of applicants admitted under this subsection may not

21  exceed 5 percent of the total number of freshmen who entered

22  the university the prior academic year.

23         (3)  Nonresident students may be admitted to the

24  university upon such terms as the university may establish.

25  The terms shall include, but need not be limited to:

26  completion of a secondary school curriculum that includes 4

27  years of English and 3 years each of mathematics, science, and

28  social sciences. The total number of nonresident applicants

29  admitted under this subsection may not exceed 5 percent of the

30  total number of freshmen who entered the university the prior

31  academic year.

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    Florida Senate - 2000                           CS for SB 2448
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  1         Section 9.  Student fees.--

  2         (1)  The student per-credit-hour matriculation and

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

  4  per-credit-hour cost of instruction as determined annually by

  5  the Legislature in the General Appropriations Act.

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

  7  establish separate activity and service and health fees. When

  8  duly established, the fees shall be collected as component

  9  parts of the matriculation and tuition fees and shall be

10  retained by the university and paid into the separate activity

11  and service and health funds.

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

13  law.

14

15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                             SB 2448

17

18  Provides for three baccalaureate and master's degree granting
    universities instead of four. Deletes Treasure Coast
19  University in Indian River County.

20  Makes grammatical and spelling corrections.

21  Removes requirement that the Postsecondary Education Planning
    Commission develop criteria for location of institutions and
22  need for subsequent institutions.

23  Requires the operational plan to be submitted to the Governor,
    as well as the Senate President and the Speaker of the House
24  of Representatives.

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