Senate Bill sb2108e1

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  1                      A bill to be entitled

  2         An act relating to education governance

  3         reorganization; amending s. 240.3836, F.S.;

  4         providing legislative intent; providing a

  5         process for authorizing community colleges to

  6         offer baccalaureate degree programs; amending

  7         s. 240.527, F.S.; requiring a Campus Board of

  8         the University of South Florida St. Petersburg;

  9         requiring separate accreditation; providing

10         powers and duties of the Campus Board and the

11         Campus Executive Officer; providing a procedure

12         for preparing a budget request; providing for

13         central support services contracts and a letter

14         of agreement; excluding certain entities from

15         certain provisions; amending s. 240.2011, F.S.;

16         adding to the State University System the New

17         College in Sarasota; creating fiscally

18         autonomous campuses of the University of South

19         Florida; requiring a Campus Board of the

20         University of South Florida Sarasota/Manatee;

21         authorizing separate accreditation; providing

22         powers and duties of the Campus Board and the

23         Campus Executive Officer; providing a procedure

24         for preparing a budget request; providing for

25         central-support-services contracts and a letter

26         of agreement; establishing a mission, goals,

27         and board of trustees for New College of

28         Florida; providing Legislative intent;

29         redesignating St. Petersburg Junior College as

30         "St. Petersburg College"; requiring

31         accreditation; providing a mission; providing


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  1         for students and fees; providing conditional

  2         authority to offer baccalaureate-degree-level

  3         programs; authorizing certain

  4         baccalaureate-degree programs and a process for

  5         increasing their number; establishing a

  6         governing board and a coordinating board;

  7         providing for dispute resolution; providing for

  8         certain employment classifications; providing

  9         for the acquisition of land, buildings, and

10         equipment; authorizing the power of eminent

11         domain; providing for state funding; requiring

12         a cost-accounting process; amending s. 229.001,

13         F.S.; revising a short title to delete obsolete

14         language; amending s. 229.002, F.S.; revising

15         the policy and guiding principles of the

16         Legislature relating to education governance;

17         amending s. 229.003, F.S.; revising the

18         timeframe for education governance

19         reorganization; revising the titles of the

20         education governance officers; revising the

21         name of the Florida On-Line High School to

22         conform with changes made by the bill; revising

23         the membership of university boards of

24         trustees; abolishing the Board of Regents, the

25         State Board of Community Colleges, and the

26         Postsecondary Education Planning Commission;

27         transferring the powers, duties, functions,

28         records, personnel, property, unexpended

29         balances of appropriations, allocations, other

30         funds, administrative authority, administrative

31         rules, pending issues, and existing contracts


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  1         of the Board of Regents to the Florida Board of

  2         Education, of the State Board of Community

  3         Colleges to the Florida Board of Education, and

  4         of the Postsecondary Education Planning

  5         Commission to the Education K-20 Policy and

  6         Research Council, respectively; creating the

  7         Education K-20 Policy and Research Council

  8         within the Department of Education;

  9         transferring the Articulation Coordinating

10         Committee and the Education Standards

11         Commission by a type two transfer from the

12         Department of Education to the Florida Board of

13         Education; requiring the Commissioner of

14         Education to commence reorganization of the

15         department and specifying offices and

16         divisions; requiring the merger of the powers,

17         duties, and staffs of the State Board of

18         Independent Colleges and Universities and the

19         State Board of Nonpublic Career Education, with

20         an exception, into a single Commission for

21         Independent Education; creating s. 229.0031,

22         F.S.; creating the Education K-20 Policy and

23         Research Council; establishing the membership

24         and duties of the council; providing for the

25         appointment and employment of an executive

26         director; amending s. 229.004, F.S.; revising

27         the timeframe for the creation of the Florida

28         Board of Education; deleting the requirement

29         that the board be part time; revising the

30         duties and responsibilities of the board;

31         conforming terminology with changes made by the


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  1         bill; providing cross-references to newly

  2         created missions and goals and guidelines;

  3         amending s. 229.005, F.S.; revising provisions

  4         relating to qualifications of Florida education

  5         governance officers to conform terminology to

  6         changes made by the bill and to provide

  7         cross-references to newly created missions and

  8         goals; requiring the Commissioner of Education

  9         to serve as chief executive officer of the

10         seamless K-20 education system; deleting

11         references to requirements of the Florida

12         Constitution relating to education; requiring

13         the Chancellor of Public Schools, the

14         Chancellor of Colleges and Universities, the

15         Chancellor of Community Colleges, and the

16         Executive Director of Independent Education to

17         work as division vice presidents of the

18         seamless K-20 education system; revising the

19         name of the Florida On-Line High School to

20         conform with changes made by the bill; amending

21         s. 229.006, F.S.; deleting obsolete language

22         relating to the creation and the already

23         accomplished duties of the Education Governance

24         Reorganization Transition Task Force; revising

25         the timeframe for the reorganization; requiring

26         the task force to provide guidance and

27         monitoring of the reorganization implementation

28         process and to report to the Governor, the

29         Legislature, the Secretary of the Florida Board

30         of Education, and the public on its progress;

31         revising the timeframe and recipients of the


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  1         final report of the task force; creating s.

  2         229.0061, F.S.; establishing guidelines for the

  3         implementation, structure, functions, and

  4         organization of Florida's K-20 education

  5         system; creating s. 229.007, F.S.; establishing

  6         Florida's K-20 education performance

  7         accountability system; providing legislative

  8         intent; establishing the mission and goals and

  9         systemwide measures; requiring proposals and an

10         implementation schedule for performance-based

11         funding; creating s. 229.0072, F.S.;

12         establishing a reorganization implementation

13         process; requiring the Governor to appoint

14         university boards of trustees, a Florida Board

15         of Education and a Secretary of the Florida

16         Board of Education; establishing duties of the

17         Florida Board of Education relating to the

18         transition and implementation of the K-20

19         system; requiring the Commissioner of Education

20         to work with the Florida Board of Education to

21         achieve full implementation of the seamless

22         K-20 system and to commence reorganization of

23         the department as required by the act;

24         requiring the Florida Board of Education to

25         appoint advisory bodies as necessary, and

26         develop and recommend to the Legislature a new

27         School Code; creating s. 229.0073, F.S.;

28         directing the Commissioner of Education to work

29         with the Florida Board of Education to

30         reorganize the Department of Education as

31         provided by the act; creating s. 229.0074,


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  1         F.S.; establishing the mission of the Division

  2         of Independent Education; providing duties of

  3         the executive director; combining and

  4         transferring the powers and duties of the State

  5         Board of Independent Colleges and Universities

  6         and the State Board of Nonpublic Career

  7         Education, with an exception, to the Commission

  8         for Independent Education; providing duties of

  9         the commission; providing composition of the

10         Commission for Independent Education; creating

11         s. 229.008, F.S.; providing for establishment

12         and membership of boards of trustees of

13         universities in the State University System;

14         creating s. 229.0081, F.S.; establishing powers

15         and duties of university boards of trustees;

16         creating s. 229.0082, F.S.; establishing powers

17         and duties of university presidents; creating

18         s. 229.0083, F.S.; transferring the Partnership

19         for School Readiness from the Executive Office

20         of the Governor to the Agency for Workforce

21         Innovation; revising the name of the Florida

22         On-Line High School to the Florida Virtual High

23         School, which school shall be housed within the

24         Commissioner of Education's Office of

25         Technology and Information Services and

26         monitored by the commissioner; stating the

27         mission of the Florida Virtual High School;

28         deleting obsolete language; revising the duties

29         of the school's board of trustees; requiring

30         the Department of Education to maximize federal

31         indirect cost allowed on federal grants;


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  1         requiring appropriation for expenditure of

  2         funds received from indirect cost allowance;

  3         repealing s. 229.0865, F.S., relating to the

  4         Knott Data Center and projects, contracts, and

  5         grants; amending s. 229.085, F.S.; removing an

  6         exemption for personnel employed by projects

  7         funded by contracts and grants; repealing ss.

  8         240.145, 240.147, 240.205, 240.209(2), 240.227,

  9         240.307, and 240.311(4), F.S., relating to the

10         Postsecondary Education Planning Commission,

11         the powers and duties of the commission,

12         creation of the Board of Regents as a body

13         corporate, the Board of Regents appointment of

14         a Chancellor of the State University System,

15         powers and duties of university presidents, the

16         appointment of members of the State Board of

17         Community Colleges, and the appointment of an

18         executive director of the community college

19         system; repealing s. 235.217(1)(b), (c), and

20         (d), (3)(a), (c), (d), and (e), and (2), (4),

21         and (5), F.S., relating to the SMART Schools

22         Clearinghouse; providing effective dates.

23

24         WHEREAS, in response to Floridians' amendment of s. 2,

25  Art. IX of the State Constitution requiring a seven-member

26  state board of education appointed by the Governor to

27  staggered 4-year terms, subject to confirmation by the Senate,

28  which "shall appoint the commissioner of education," the 2000

29  Legislature enacted the "Florida Education Governance

30  Reorganization Act of 2000" (chapter 2000-321, Laws of

31  Florida), and


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  1         WHEREAS, the Florida Education Governance

  2  Reorganization Act of 2000 provided legislative policy and

  3  guiding principles for a seamless kindergarten through

  4  postgraduate education system; provided for the future repeal

  5  of existing education entities and statutes; provided for

  6  nine-member boards of trustees for each university in the

  7  State University System; provided for the establishment and

  8  duties of the Florida Board of Education and specified

  9  education governance officers; and established the Education

10  Governance Reorganization Transition Task Force charged with

11  the duty to make recommendations to the Legislature, pursuant

12  to a legislatively established timeline, to accomplish a

13  smooth and orderly transition to the new education system, and

14         WHEREAS, the Education Governance Reorganization

15  Transition Task Force was timely appointed and has been

16  aggressively pursuing its statutory duties by holding meetings

17  and public hearings throughout the state, consulting with

18  education stakeholders and national experts, taking public

19  testimony, and working to expedite its recommendations, NOW,

20  THEREFORE,

21

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

23

24         Section 1.  Section 240.3836, Florida Statutes, is

25  amended to read:

26         240.3836  Site-determined baccalaureate degree access

27  program; funding.--

28         (1)  The Legislature recognizes that public and private

29  postsecondary education institutions play essential roles in

30  improving the quality of life and economic well-being of the

31  state and its residents. The Legislature also recognizes that


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  1  economic development needs and the educational needs of

  2  place-bound, nontraditional students have increased the demand

  3  for local access to baccalaureate degree programs. In some,

  4  but not all, geographic regions, baccalaureate degree programs

  5  are being delivered successfully at the local community

  6  college through agreements between the community college and

  7  4-year postsecondary institutions within or outside of the

  8  state.  It is therefore the intent of the Legislature to

  9  further expand access to baccalaureate degree programs through

10  the use of community colleges apply this concept in the

11  creation and funding of a program that supports local economic

12  development and responds to public demand for increased access

13  to baccalaureate degrees in areas of the state that are

14  underserved by 4-year institutions.

15         (2)  A community college may be authorized by the State

16  Board of Education to offer a limited number of baccalaureate

17  degrees designed to meet local workforce needs through one of

18  the following processes:

19         (a)  A community college may enter into a formal

20  agreement with the state university in its service area for

21  the community college to deliver specified baccalaureate

22  degree programs. The agreement must be submitted to the State

23  Board of Education for approval. The college's proposal must

24  include the following information:

25         1.  Demand for the baccalaureate degree program is

26  identified by the workforce development board, local

27  businesses and industry, local chambers of commerce, and

28  potential students.

29         2.  Unmet need for graduates of the proposed degree

30  program is substantiated.

31


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  1         3.  The community college has the facilities and

  2  academic resources to deliver the program.

  3

  4  The proposal must be submitted to the Postsecondary Education

  5  Planning Commission for review and comment. Upon approval of

  6  the State Board of Education for the specific degree program

  7  or programs, the college shall pursue regional accreditation

  8  by the Commission on Colleges of the Southern Association of

  9  Colleges and Schools. Any additional baccalaureate degree

10  programs the college wishes to offer must be approved by the

11  State Board of Education.

12         (b)  A community college may develop a proposal to

13  deliver specified baccalaureate degree programs in its

14  district. The proposal must be submitted to the State Board of

15  Education for approval. The college's proposal must include

16  the following information:

17         1.  Demand for the baccalaureate degree program is

18  identified by the workforce development board, local

19  businesses and industry, local chambers of commerce, and

20  potential students.

21         2.  Unmet need for graduates of the proposed degree

22  program is substantiated.

23         3.  The community college has the facilities and

24  academic resources to deliver the program.

25

26  The proposal must be submitted to the Postsecondary Education

27  Planning Commission for review and comment. Upon approval of

28  the State Board of Education for the specific degree program

29  or programs, the college shall pursue regional accreditation

30  by the Commission on Colleges of the Southern Association of

31  Colleges and Schools. Any additional baccalaureate degree


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  1  programs the college wishes to offer must be approved by the

  2  State Board of Education.

  3         (3)  A community college may not terminate its

  4  Associate-in-Arts or Associate-in-Science degree programs as a

  5  result of the authorization provided in subsection (2). The

  6  Legislature intends that the primary mission of a community

  7  college, including a college that offers baccalaureate-degree

  8  programs, continues to be the provision of associate degrees

  9  that provide access to a university.

10         (2)  Categorical funding is authorized for the

11  site-determined baccalaureate degree access program created by

12  this section. Funds may not be used to support the

13  construction, renovation, or remodeling of facilities. This

14  program is voluntary and does not preclude other mutually

15  agreed upon arrangements between community colleges and 4-year

16  institutions for the delivery of baccalaureate degrees on

17  community college sites.

18         (3)  Each community college wishing to participate in

19  the site-determined baccalaureate degree access program must:

20         (a)  Identify baccalaureate degree programs that are

21  not currently offered at the community college but are

22  proposed for delivery at the college to meet the academic and

23  economic development needs of one or more communities within

24  the college's service area. When assessing local needs, the

25  college should seek input from the appropriate chamber of

26  commerce, workforce development council, and other civic and

27  business groups. As used in this section, the term "economic

28  development" means entrepreneurial efforts, the attraction of

29  new business and industry to the area, and the expansion of

30  existing business and industry.

31


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  1         (b)  Determine the number of students interested in

  2  pursuing each proposed baccalaureate degree program and

  3  identify the enrollment patterns, any special characteristics

  4  of those students, and any unique combination or modification

  5  of course offerings that may be necessary to meet student

  6  enrollment needs.

  7         (c)  Submit a proposal to the Postsecondary Education

  8  Planning Commission requesting validation of the need for the

  9  proposed baccalaureate degree program and tentative approval

10  for program funding. The proposal must include:

11         1.  A description of each proposed baccalaureate degree

12  program identifying the junior-level and senior-level courses

13  to be offered and designating whether the program should be

14  offered for a cohort group or as an ongoing degree program.

15         2.  Evidence that local occupational forecasts support

16  the existence of jobs for graduates of the proposed

17  baccalaureate degree programs.

18         3.  An estimated number of students to be served by

19  each proposed degree program.

20         4.  An assurance that the community college's existing

21  facilities are sufficient to meet the additional demands for

22  classroom and laboratory space for the proposed degree

23  programs.

24         5.  Evidence that the college has requested the

25  participation of no fewer than three regionally accredited

26  4-year postsecondary institutions, including at least one

27  member of the State University System.  Any member of the

28  State University System and any independent, regionally

29  accredited, 4-year institution that is chartered in, and has

30  its primary campus located in, Florida may be a partner in a

31


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  1  site-determined baccalaureate degree access program at any

  2  community college.

  3         6.  A tentative agreement between the community college

  4  and the 4-year postsecondary institution selected to offer the

  5  upper-level courses leading to the proposed degree or degrees.

  6         7.  Any additional provisions that the Postsecondary

  7  Education Planning Commission considers pertinent to the

  8  proposal.

  9         (4)  The Postsecondary Education Planning Commission,

10  after soliciting comments from the Board of Regents and the

11  State Board of Community Colleges, shall validate the need for

12  each baccalaureate degree program proposed for delivery

13  according to this section and shall notify the community

14  college that its proposal has been approved or rejected.  The

15  commission shall establish procedures for the timely

16  submission, review, and approval of the proposals and

17  agreements required by this section. These procedures must be

18  designed to allow the initiation of approved baccalaureate

19  degree programs at least 3 times each fiscal year.

20         (5)  Once the Postsecondary Education Planning

21  Commission validates the need for the proposed baccalaureate

22  degree program and notifies the community college that its

23  proposal has been approved, the community college shall

24  finalize an agreement with the regionally accredited, public

25  or nonpublic, 4-year postsecondary institution selected to

26  provide the upper-level instructional services in the approved

27  baccalaureate degree program. The commission shall identify

28  the common aspects that each agreement must address,

29  including, but not limited to:

30

31


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  1         (a)  A course delivery pattern based on the student

  2  enrollment patterns and characteristics included in the

  3  approved proposal.

  4         (b)  An articulation provision that guarantees

  5  acceptance of students who hold an associate in arts or

  6  associate in science degree and satisfy any other

  7  prerequisites for admission to the specific baccalaureate

  8  degree program.

  9         (c)  The provision of library services and student

10  support services.

11         (d)  An agreement that the participating 4-year

12  postsecondary institution will continue offering instructional

13  services at least until all qualified members of the initial

14  group of students have had an opportunity to complete the

15  degree program.

16         (e)  The specific and measurable performance criteria

17  that the Postsecondary Education Planning Commission may use

18  to evaluate the outcomes and outputs of the baccalaureate

19  degree program within an identified timeframe.

20         (f)  An agreement that in-state student tuition for the

21  degree program will not exceed the matriculation fee for the

22  State University System unless the proposal approved by the

23  Postsecondary Education Planning Commission allows the

24  participating institutions to charge differentiated tuition

25  and fees to encourage student attendance and participation.

26  Out-of-state students shall pay full costs.  Notwithstanding

27  s. 240.605, students participating in a site-determined

28  baccalaureate degree program may not receive a Florida

29  Resident Access Grant.

30         (6)  Each participating community college must submit

31  the agreement required by this section to the Postsecondary


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  1  Education Planning Commission for review and final approval

  2  before initiating an approved site-determined baccalaureate

  3  degree access program. Subject to the availability of

  4  legislative appropriations specifically provided for this

  5  purpose, the Postsecondary Education Planning Commission must

  6  recommend to the Commissioner of Education the total funds to

  7  be released to each participating community college for the

  8  initiation of the approved site-determined baccalaureate

  9  degree access program. The community college shall distribute

10  funds to the participating 4-year postsecondary institution at

11  the rate specified in the approved agreement. The

12  Postsecondary Education Planning Commission shall not

13  recommend the release of funding for any program that is

14  terminated before or after the evaluation required by this

15  section.  The total funds to be released for the initiation of

16  an approved program shall be based on the number of fundable

17  upper-level student credit hours for each term. Unless

18  otherwise provided in an appropriations act, the funding per

19  credit hour shall be an amount equal to the state funds,

20  excluding student fees, appropriated to the State University

21  System for each full-time equivalent student enrolled in

22  upper-level course work. Student credit hours funded under

23  this program may not be duplicated in any other calculation of

24  state funding for the 4-year institution.

25         (7)  The Postsecondary Education Planning Commission

26  may require the participating community colleges and 4-year

27  postsecondary institutions to submit information necessary to

28  monitor the annual performance of the program. Within 90 days

29  after the 2nd and 4th year of the site-determined

30  baccalaureate degree access program, the commission shall

31  submit to the chairs of the education and fiscal committees of


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  1  the Legislature a progress report, including an evaluation of

  2  the funding mechanism created by this section. The commission

  3  shall review each site-determined baccalaureate degree access

  4  program funded under this section to ascertain whether the

  5  performance measures specified in the agreement between the

  6  participating community college and the 4-year institution

  7  have been met. Each program must be reviewed 4 years after

  8  initiation unless a shorter timeframe is specified in the

  9  agreement. The performance measures must include the student

10  graduation rate, the employment rate of program graduates both

11  within and outside the community college service area, the

12  continuing need to offer the specific baccalaureate degree

13  program in the community college service area, and such other

14  information as the Postsecondary Education Planning Commission

15  may determine necessary for program and performance

16  evaluation. Based on its evaluation, the commission shall

17  either approve continuation of the program, require

18  modifications prior to program approval, or recommend that the

19  participating institutions terminate the program after all

20  qualified members of the initial group of students have an

21  opportunity to complete the degree program. The commission

22  must submit to the Commissioner of Education for inclusion in

23  the legislative budget a request for funding for approved

24  site-determined baccalaureate degree access programs.

25         (8)  If no accredited 4-year institution is willing to

26  provide a baccalaureate degree program approved by the

27  Postsecondary Education Planning Commission under this

28  section, the community college board of trustees may ask the

29  commission to evaluate the college's request to offer the

30  degree program. If the commission is satisfied that the

31  community college should offer the degree program, it shall


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  1  recommend to the Legislature the enactment of statutory

  2  authority for the community college to offer that specific

  3  baccalaureate degree program.

  4         Section 2.  Section 240.527, Florida Statutes, is

  5  amended to read:

  6         (Substantial rewording of section. See

  7         s. 240.527, F.S., for present text.)

  8         240.527 The University of South Florida St.

  9  Petersburg.--

10         (1)  The St. Petersburg campus of the University of

11  South Florida is established and shall be known as the

12  "University of South Florida St. Petersburg."

13         (a)  The Legislature intends that the University of

14  South Florida St. Petersburg be operated and maintained as a

15  separate organizational and budget entity of the University of

16  South Florida, and that all legislative appropriations for the

17  University of South Florida St. Petersburg be set forth as

18  separate line items in the annual General Appropriations Act.

19         (b)  The University of South Florida St. Petersburg

20  shall have a Campus Board and a Campus Executive Officer.

21         (c)  As soon as possible, but no later than the

22  effective date of this act, the President of the University of

23  South Florida shall begin the process of application to the

24  Commission on Colleges of the Southern Association of Colleges

25  and Schools for separate accreditation of the University of

26  South Florida St. Petersburg. If the application is not

27  approved or is provisionally approved, the University of South

28  Florida shall correct any identified deficiencies and shall

29  continue to work for accreditation.

30         (2)  The Board of Trustees of the University of South

31  Florida shall appoint to the Campus Board, from


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  1  recommendations of the President of the University of South

  2  Florida, five residents of Pinellas County. If a resident of

  3  Pinellas County is appointed to the Board of Trustees of the

  4  University of South Florida, the board shall appoint that

  5  member to serve jointly as a member of the Campus Board. If

  6  more than one Pinellas County resident is appointed to the

  7  Board of Trustees, the board shall select one joint member.

  8  The Board of Trustees may reappoint a member to the Campus

  9  Board for one additional term. The Campus Board has the powers

10  and duties provided by law, which include the authority to:

11         (a)  Review and approve an annual legislative budget

12  request to be submitted to the Commissioner of Education. The

13  Campus Executive Officer shall prepare the legislative budget

14  request in accordance with guidelines established by the

15  Florida Board of Education. This request must include items

16  for campus operations and fixed capital outlay.

17         (b)  Approve and submit an annual operating plan and

18  budget for review and consultation by the Board of Trustees of

19  the University of South Florida.  The campus operating budget

20  must reflect the actual funding available to that campus from

21  separate line-item appropriations contained in each annual

22  General Appropriations Act, which line-item appropriations

23  must initially reflect the funds reported to the Florida

24  Legislature for the University of South Florida St. Petersburg

25  Campus for fiscal year 2000-2001 and any additional funds

26  provided in the fiscal year 2001-2002 legislative

27  appropriation.

28         (c)  Enter into central support services contracts with

29  the Board of Trustees of the University of South Florida for

30  any services that the St. Petersburg campus cannot provide

31  more economically, including payroll processing, accounting,


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  1  technology, construction administration, and other desired

  2  services. However, all legal services for the campus must be

  3  provided by a central services contract with the university.

  4  The Board of Trustees of the University of South Florida and

  5  the Campus Board shall determine in a letter of agreement any

  6  allocation or sharing of student fee revenue between the

  7  University of South Florida's main campus and the St.

  8  Petersburg campus.

  9

10  The Board of Trustees of the University of South Florida may

11  lawfully delegate other powers and duties to the Campus Board

12  for the efficient operation and improvement of the campus and

13  for the purpose of vesting in the campus the attributes

14  necessary to meet the requirements for separate accreditation

15  by the Southern Association of Colleges and Schools.

16         (3)  The University of South Florida St. Petersburg

17  shall be administered by a Campus Executive Officer who shall

18  be appointed by, report directly to, and serve at the pleasure

19  of the President of the University of South Florida. The

20  President shall consult with the Campus Board before hiring or

21  terminating the Campus Executive Officer. The Campus Executive

22  Officer has authority and responsibility as provided in law,

23  including the authority to:

24         (a)  Administer campus operations within the annual

25  operating budget as approved by the Campus Board.

26         (b)  Recommend to the Campus Board an annual

27  legislative budget request that includes funding for campus

28  operations and fixed capital outlay.

29         (c)  Recommend to the Campus Board an annual campus

30  operating budget.

31


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  1         (d)  Recommend to the Campus Board appropriate services

  2  and terms and conditions to be included in annual central

  3  support services contracts.

  4         (e)  Carry out any additional responsibilities assigned

  5  or delegated by the President of the University of South

  6  Florida for the efficient operation and improvement of the

  7  campus, especially any authority necessary for the purpose of

  8  vesting in the campus attributes necessary to meet the

  9  requirements for separate accreditation.

10         (4)  Students enrolled at the University of South

11  Florida, including those enrolled at a branch campus, have the

12  same rights and obligations as provided by law, policy, or

13  rule adopted by the University of South Florida, the Florida

14  Department of Education, or other lawful entity. The

15  University of South Florida shall provide a comprehensive and

16  coordinated system of student registration so that a student

17  enrolled at any campus of the University of South Florida has

18  the ability to register for courses at any other campus of the

19  University of South Florida.

20         (5)  The following entities are not affected by this

21  section and remain under the administrative control of the

22  University of South Florida:

23         (a)  The University of South Florida College of Marine

24  Science, which is a component college of the main campus.

25         (b)  The Florida Institute of Oceanography, which is a

26  Type One Institute.

27         (c)  The University of South Florida Pediatric Research

28  Center.

29         (d)  The University of South Florida/USGS joint

30  facility.

31


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  1         Section 3.  Effective July 1, 2001, subsection (5) of

  2  section 240.2011, Florida Statutes, is amended, and subsection

  3  (12) is added to that section, to read:

  4         240.2011  State University System defined.--The State

  5  University System shall consist of the following:

  6         (5)  The University of South Florida, with a main

  7  campus located in Hillsborough County and two fiscally

  8  autonomous campuses, one in Pinellas County, named the

  9  University of South Florida St. Petersburg, and the other

10  named the University of South Florida Sarasota/Manatee.

11         (12)  New College of Florida, located in Sarasota

12  County, which is the 4-year residential liberal arts honors

13  college of the state of Florida.

14         Section 4.  The University of South Florida

15  Sarasota/Manatee.--

16         (1)  The Sarasota/Manatee campus of the University of

17  South Florida is established and shall be known as the

18  "University of South Florida Sarasota/Manatee."

19         (a)  The Legislature intends that the University of

20  South Florida Sarasota/Manatee be operated and maintained as a

21  separate organizational and budget entity of the University of

22  South Florida and that all legislative appropriations for the

23  University of South Florida Sarasota/Manatee be set forth as

24  separate line items in the annual General Appropriations Act.

25         (b)  The University of South Florida Sarasota/Manatee

26  shall have a Campus Board and a Campus Executive Officer.

27         (c)  As soon as possible, but no later than July 1,

28  2002, the President of the University of South Florida shall

29  begin the process of application to the Commission on Colleges

30  of the Southern Association of Colleges and Schools for

31  separate accreditation of the University of South Florida


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  1  Sarasota/Manatee. If the application is not approved or is

  2  provisionally approved, the University of South Florida shall

  3  correct any identified deficiencies and shall continue to work

  4  for accreditation.

  5         (2)  The Board of Trustees of the University of South

  6  Florida shall appoint to the Campus Board, from

  7  recommendations of the President of the University of South

  8  Florida, three residents of Manatee County and two residents

  9  of Sarasota County, to serve 4-year staggered terms. If one or

10  more residents of Sarasota County or Manatee County is

11  appointed to the Board of Trustees of the University of South

12  Florida, the board shall, at the next vacancy of the campus

13  board, appoint one of those members to serve jointly as a

14  member of the Campus Board. The Board of Trustees may

15  reappoint a member to the Campus Board for one additional

16  term. The Campus Board has the powers and duties provided by

17  law, which include the authority to:

18         (a)  Review and approve an annual legislative budget

19  request to be submitted to the Commissioner of Education. The

20  Campus Executive Officer shall prepare the legislative budget

21  request in accordance with guidelines established by the

22  Florida Board of Education. This request must include items

23  for campus operations and fixed capital outlay.

24         (b)  Approve and submit an annual operating plan and

25  budget for review and consultation by the Board of Trustees of

26  the University of South Florida. The campus operating budget

27  must reflect the actual funding available to that campus from

28  separate line-item appropriations contained in each annual

29  General Appropriations Act, which line-item appropriations

30  must initially reflect the funds reported to the Florida

31  Legislature for the University of South Florida


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  1  Sarasota/Manatee Campus for fiscal year 2000-2001 and any

  2  additional funds provided in the fiscal year 2001-2002

  3  legislative appropriation.

  4         (c)  Enter into central support services contracts with

  5  the Board of Trustees of the University of South Florida for

  6  any services that the campus at Sarasota/Manatee cannot

  7  provide more economically, including payroll processing,

  8  accounting, technology, construction administration, and other

  9  desired services. However, all legal services for the campus

10  must be provided by a central services contract with the

11  university. The Board of Trustees of the University of South

12  Florida and the Campus Board shall determine in a letter of

13  agreement any allocation or sharing of student fee revenue

14  between the University of South Florida's main campus and the

15  Sarasota/Manatee campus.

16

17  The Board of Trustees of the University of South Florida may

18  lawfully delegate other powers and duties to the Campus Board

19  for the efficient operation and improvement of the campus and

20  for the purpose of vesting in the campus the attributes

21  necessary to meet the requirements for separate accreditation

22  by the Southern Association of Colleges and Schools.

23         (3)  The University of South Florida Sarasota/Manatee

24  shall be administered by a Campus Executive Officer who shall

25  be appointed by, report directly to, and serve at the pleasure

26  of the President of the University of South Florida. The

27  President shall consult with the Campus Board before hiring or

28  terminating the Campus Executive Officer. The Campus Executive

29  Officer has authority and responsibility as provided in law,

30  including the authority to:

31


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  1         (a)  Administer campus operations within the annual

  2  operating budget as approved by the Campus Board.

  3         (b)  Recommend to the Campus Board an annual

  4  legislative budget request that includes funding for campus

  5  operations and fixed capital outlay.

  6         (c)  Recommend to the Campus Board an annual campus

  7  operating budget.

  8         (d)  Recommend to the Campus Board appropriate services

  9  and terms and conditions to be included in annual central

10  support services contracts.

11         (e)  Carry out any additional responsibilities assigned

12  or delegated by the President of the University of South

13  Florida for the efficient operation and improvement of the

14  campus, especially any authority necessary for the purpose of

15  vesting in the campus attributes necessary to meet the

16  requirements for separate accreditation.

17         (4)  Students enrolled at the University of South

18  Florida, including those enrolled at a branch campus, have the

19  same rights and obligations as provided by law, policy, or

20  rule adopted by the University of South Florida, the Florida

21  Department of Education, or other lawful entity. The

22  University of South Florida shall provide a comprehensive and

23  coordinated system of student registration so that a student

24  enrolled at any campus of the University of South Florida has

25  the ability to register for courses at any other campus of the

26  University of South Florida.

27         (5)  Promote technology transfer between the research

28  operations of the University of South Florida and local

29  economic development agencies.

30         Section 5.  New College of Florida.--

31


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  1         (1)  Mission and goals.--As a member of the State

  2  University System of Florida, New College of Florida preserves

  3  its distinctive mission as a residential liberal arts honors

  4  college. To maintain this mission, New College of Florida has

  5  the following goals:

  6         (a)  To provide a quality education to students of high

  7  ability who, because of their ability, deserve a program of

  8  study that is both demanding and stimulating.

  9         (b)  To engage in undergraduate educational reform by

10  combining educational innovation with educational excellence.

11         (c)  To provide programs of study that allow students

12  to design their educational experience as much as possible in

13  accordance with their individual interests, values, and

14  abilities.

15         (d)  To challenge undergraduates not only to master

16  existing bodies of knowledge but also to extend the frontiers

17  of knowledge through original research.

18         (2)  Accreditation.--As soon as possible, New College

19  of Florida shall apply to the Commission on Colleges of the

20  Southern Association of Colleges and Schools for separate

21  accreditation.

22         (3)  Board of Trustees.--The Governor shall appoint 11

23  members to the Board of Trustees, to serve 4-year staggered

24  terms, as follows:

25         (a)  Three residents of Sarasota County.

26         (b)  Two residents of Manatee County.

27         (c)  Until the expiration date of the terms of office

28  of the members who are on the board June 30, 2001, six members

29  shall be selected from the Board of Trustees of the New

30  College Foundation.

31


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  1         Section 6.  Legislative intent.--The Legislature

  2  intends to create an innovative means to increase access to

  3  baccalaureate-degree-level education in populous counties that

  4  are underserved by public baccalaureate-degree-granting

  5  institutions. This education is intended to address the

  6  state's workforce needs, especially the need for teachers,

  7  nurses, and business managers in agencies and firms that

  8  require expertise in technology.

  9         Section 7.  St. Petersburg College; mission.--St.

10  Petersburg Junior College is redesignated as St. Petersburg

11  College. The college shall immediately seek accreditation from

12  the Southern Association of Colleges and Schools as a

13  baccalaureate-degree-granting college.

14         (1)  The primary mission of St. Petersburg College is

15  to provide high-quality undergraduate education at an

16  affordable price for students and the state. The purpose is to

17  promote economic development by preparing people for

18  occupations that require a bachelor's degree and are in demand

19  by existing or emerging public and private employers in this

20  state.

21         (2)  The college is to maintain the mission and

22  policies of a Florida community college, including the

23  open-door admissions policy and the authority to offer all

24  programs consistent with a public community college's

25  authority.

26         (3)  St. Petersburg College shall maintain the

27  distinction between the college and its university center. St.

28  Petersburg College is limited to community college programs

29  and to selected baccalaureate-degree-level programs that meet

30  community needs and are authorized as provided by this act.

31  The University Center may make available more diverse program


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  1  offerings, but those programs are offered by a participating

  2  college or university and are not to be classified or funded

  3  as a program of St. Petersburg College.

  4         (4)  The academic policies of the upper-division

  5  program at St. Petersburg College must be in accordance with

  6  policies of the State University System.

  7         (5)  Sections 240.293 and 240.2945, Florida Statutes,

  8  apply to St. Petersburg College. 

  9         Section 8.  St. Petersburg College; students.--

10         (1)  St. Petersburg College shall maintain separate

11  records for students who are enrolled in courses classified in

12  the upper division and lower division of a baccalaureate

13  program, according to the Common Course Numbering System. A

14  student shall be reported as a community college student for

15  enrollment in a lower-division course and as a

16  baccalaureate-degree-program student for enrollment in an

17  upper-division course.

18         (2)  The Board of Trustees of St. Petersburg College

19  shall establish the level of matriculation, tuition, and other

20  authorized student fees.

21         (a)  For each credit hour of enrollment in a

22  certificate-level course or lower-division-level college

23  credit course, matriculation and tuition fees must be within

24  the range authorized in law and rule for a community college

25  student at that level.

26         (b)  For each credit hour of enrollment in an

27  upper-division-level course, matriculation and tuition fees

28  must be in an amount established by the Board of Trustees of

29  St. Petersburg College. However, fees for upper-division

30  students must reflect the fact that the college does not incur

31  the costs of major research programs. Therefore, the board


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  1  shall establish fees for upper-division students within a

  2  range that is lower than the fees established for students at

  3  a public university but higher than the fees for community

  4  college students.

  5         (c)  Other mandatory fees and local fees must be at the

  6  same level for all lower division students. For upper division

  7  students, other mandatory fees and local fees must be at a

  8  level less than fees established for University of South

  9  Florida students, regardless of program enrollment or level.

10  However, students in workforce development education courses

11  maintain the authorized fee exemptions described in section

12  239.117, Florida Statutes, and may be exempt from local fees

13  imposed by the Board of Trustees, at the board's discretion.

14         Section 9.  St. Petersburg College; degrees.--

15         (1)  In addition to the certificates, diplomas, and

16  degrees authorized in section 240.301, Florida Statutes, St.

17  Petersburg College may offer selected baccalaureate degrees.

18  Initially, the college may offer programs that lead to a

19  baccalaureate degree in the following fields:

20         (a)  Bachelor of Science in Nursing. This program must

21  be designed to articulate with the Associate in Science Degree

22  in nursing. St. Petersburg College shall continue to offer the

23  Associate in Science degree in nursing.

24         (b)  Bachelor of Arts and Bachelor of Science in

25  Elementary Education.

26         (c)  Bachelor of Arts and Bachelor of Science in

27  Special Education.

28         (d)  Bachelor of Arts and Bachelor of Science in

29  Secondary Education.

30         (e)  Bachelor of Applied Science in fields selected by

31  the Board of Trustees of St. Petersburg College. The board


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  1  shall base the selection on an analysis of workforce needs and

  2  opportunities in the following counties: Pinellas, Pasco,

  3  Hernando, and other counties approved by the Florida

  4  Department of Education. For each program selected, St.

  5  Petersburg College must offer a related Associate-in-Science

  6  or Associate-in-Applied-Science degree program, and the

  7  baccalaureate-degree-level program must be designed to

  8  articulate fully with at least one Associate-in-Science degree

  9  program. The college is encouraged to develop articulation

10  agreements for enrollment of graduates of related

11  Associate-in-Applied-Science degree programs.

12         (2)  St. Petersburg College may offer courses that

13  enable teachers to qualify for certification and

14  recertification as required by law or rule.

15         (3)  The college may offer programs to provide

16  opportunities for a person who holds a baccalaureate degree,

17  but is not certified to teach, to obtain any additional

18  courses required for teacher certification.

19         (4)  Masters-degree-level programs and doctoral

20  programs may be provided by agreement with a college or

21  university participating in the University Center of St.

22  Petersburg College.

23         (5)  For those students living outside Pinellas County,

24  St. Petersburg College shall recruit for the upper-division

25  only those students who have earned an associate degree. In

26  recruiting upper division students in Pasco and Hernando

27  Counties, St. Petersburg College shall work cooperatively with

28  Pasco-Hernando Community College and shall seek to offer

29  courses and programs at Pasco-Hernando Community College when

30  feasible. The nursing programs, in particular, must be

31  conducted cooperatively, and programs at St. Petersburg


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  1  College shall not conflict with Pasco-Hernando Community

  2  College's and the University of South Florida's cooperative

  3  nursing program.

  4         Section 10.  St. Petersburg College; boards.--

  5         (1)  The Board of Trustees of St. Petersburg Junior

  6  College is renamed the Board of Trustees of St. Petersburg

  7  College and serves as its governing board. The Governor shall

  8  appoint members as provided in section 240.313, Florida

  9  Statutes, and the board has the duties and authorities granted

10  in sections 240.315 and 240.319, Florida Statutes, and by

11  rules of the State Board of Education.

12         (2)  The Board of Trustees of St. Petersburg College

13  may authorize direct support organizations as authorized in

14  sections 240.299 and 240.331, Florida Statutes.

15         (3)  The Board of Trustees of St. Petersburg College

16  may continue to award degrees, diplomas, and certificates as

17  authorized for St. Petersburg Junior College, and in the name

18  of St. Petersburg Junior College, until St. Petersburg College

19  receives its accreditation.

20         (4)  A coordinating board shall assist the Board of

21  Trustees in its deliberations concerning issues that affect

22  the upper division of the college. The coordinating board

23  consists of the President of the University of South Florida,

24  the President of St. Petersburg College, the President of

25  Pasco-Hernando Community College, and the chairpersons of the

26  boards of trustees of those institutions.

27         (5)  Beginning 4 years after the college receives

28  accreditation to offer baccalaureate degrees, the Board of

29  Trustees of St. Petersburg College may determine additional

30  programs to be offered, with the approval of the coordinating

31


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  1  board. The determination must consider community needs and

  2  economic opportunities.

  3         (6)  The coordinating board shall meet at the request

  4  of the President of the University of South Florida or the

  5  President of St. Petersburg College.

  6         (7)  If the coordinating board cannot decide an issue

  7  of importance to the programs designed for upper-division

  8  students, the chief educational officer of this state shall

  9  resolve the issue.

10         Section 11.  St. Petersburg College; employees.--

11         (1)  Employment at St. Petersburg College is governed

12  by the same laws that govern community colleges, except that

13  upper-division faculty are eligible for continuing contract

14  upon the completion of the fifth year of teaching.

15         (2)  Employee records for all personnel shall be

16  maintained as required by s. 240.337, Florida Statutes.

17         Section 12.  St. Petersburg College; facilities.--The

18  St. Petersburg College may request funding from the Public

19  Education Capital Outlay and Debt Service Trust Fund as a

20  community college and as a university. The municipalities of

21  Pinellas County, the Board of County Commissioners of Pinellas

22  County, and all other governmental entities are authorized to

23  cooperate with the Board of Trustees in establishing this

24  institution. The acquisition and donation of lands, buildings,

25  and equipment for the use of St. Petersburg College are

26  authorized as a public purpose. The Board of County

27  Commissioners of Pinellas County and all municipalities in

28  Pinellas County may exercise the power of eminent domain to

29  acquire lands, buildings, and equipment for the use of St.

30  Petersburg College, regardless of whether such lands,

31


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  1  buildings, and equipment are located in a community

  2  redevelopment area.

  3         Section 13.  St. Petersburg College; state funding.--

  4         (1)  The Legislature  intends to fund St. Petersburg

  5  College as a community college for its workforce development

  6  education programs and for its lower-division-level college

  7  credit courses and programs.

  8         (2)  The Legislature intends to fund St. Petersburg

  9  College as a baccalaureate-degree-level institution for its

10  upper-division-level courses and programs.

11         (3)  During the 2001-2002 fiscal year, St. Petersburg

12  College shall estimate the appropriate level of funding for

13  these programs. By March 1, 2002, the college shall complete a

14  cost study and shall submit to the Legislature a proposal for

15  cost accounting and legislative budget requests designed to

16  acknowledge its unique classification. The cost study must

17  indicate actual costs projected for the first 4 years of

18  operation as a baccalaureate-level institution, with the first

19  students expected to enroll in the upper division in fall

20  semester of 2002.

21         Section 14.  Nothing contained within this act shall be

22  construed to adversely impact the accreditation of the

23  University of South Florida.

24         Section 15.  Section 229.001, Florida Statutes, is

25  amended to read:

26         229.001  Short title.--This act may be cited as the

27  "Florida Education Governance Reorganization Implementation

28  Act of 2000."

29         Section 16.  Section 229.002, Florida Statutes, is

30  amended to read:

31


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  1         229.002  Declaration of policy and guiding

  2  principles.--

  3         (1)  It is the policy of the Legislature:

  4         (a)  To achieve within existing resources true systemic

  5  change in education governance by establishing a seamless

  6  academic educational system that fosters an integrated

  7  continuum of kindergarten through graduate school education

  8  for Florida's citizens.

  9         (b)  To promote enhanced academic success and funding

10  efficiency by centralizing the governance of educational

11  delivery systems and aligning responsibility with

12  accountability.

13         (c)  To provide consistent education policy vertically

14  and horizontally across all educational delivery systems,

15  focusing on students the needs of those receiving education,

16  not those providing education.

17         (d)  To provide substantially improved vertical and

18  horizontal articulation across all educational delivery

19  systems while ensuring that nonpublic education institutions

20  and home education programs maintain their independence,

21  autonomy, and nongovernmental status.

22         (e)  To provide for devolution of authority to the

23  schools, community colleges, universities, and other education

24  institutions that are the actual deliverers of educational

25  services in order to provide student-centered education

26  services within the clear parameters of the overarching

27  education policy established by the Legislature.

28         (f)  To ensure that independent education institutions

29  and home education programs maintain their independence,

30  autonomy, and nongovernmental status.

31


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  1         (2)  The guiding principles for Florida's new education

  2  governance are:

  3         (a)  A coordinated, seamless system for kindergarten

  4  through graduate school education.

  5         (b)  A system that is student-centered in every facet.

  6         (c)  A system that maximizes education access and

  7  provides the opportunity for a high-quality education academic

  8  success for all Floridians.

  9         (d)  A system that safeguards equity and supports

10  academic excellence.

11         (e)  A system that provides for local operational

12  flexibility while promoting accountability for student

13  achievement and improvement refuses to compromise academic

14  excellence.

15         Section 17.  Section 229.003, Florida Statutes, is

16  amended to read:

17         229.003  Florida education governance reorganization.--

18         (1)  Effective January 7, 2003, The Florida Board of

19  Education, created pursuant to s. 229.004, shall be

20  responsible for overseeing kindergarten through graduate

21  school education, in accordance with the implementation

22  process in s. 229.0072 and the policies and guiding principles

23  in s. 229.002 and the mission and goals of s. 229.007.

24         (2)  Effective January 7, 2003, the Florida Board of

25  Education shall appoint the Commissioner of Education.

26         (2)(3)  Effective January 7, 2003, There are is

27  established the following education governance officers in

28  addition to the Commissioner of Education and the Secretary of

29  the Florida Board of Education:

30         (a)  A Chancellor of Public Schools, K-12 Education

31  appointed by the Commissioner of Education.


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  1         (b)  A Chancellor of Colleges and State Universities,

  2  appointed by the Secretary of the Florida Board Commissioner

  3  of Education.

  4         (c)  A Chancellor of Community Colleges and Career

  5  Preparation, appointed by the Secretary of the Florida Board

  6  Commissioner of Education.

  7         (d)  An Executive Director of Independent Nonpublic and

  8  Nontraditional Education, appointed by the Commissioner of

  9  Education.

10

11  Each chancellor and executive director shall be subject to

12  confirmation by the Florida Board of Education and shall serve

13  at the pleasure and under the authority of the Commissioner of

14  Education and the Secretary of the Florida Board of Education.

15         (3)(4)  Effective July 1, 2000, The Governor shall

16  appoint a seven-member board of trustees for the Florida

17  Virtual On-Line High School, which shall be a body corporate

18  with all the powers of a body corporate.

19         (4)(5)  Effective January 7, 2003, The Governor shall

20  appoint for each university in the State University System, an

21  11-member a nine-member board of trustees, with members

22  subject to confirmation by the Senate, trustees which shall be

23  a body corporate with all the powers of a body corporate. In

24  addition to the 11 members, each student body president shall

25  serve as an ex officio voting member of the board of trustees.

26  There shall be no state residency requirement for university

27  board members, but the Governor shall consider regional

28  representatives, as appropriate All members of the board of

29  trustees of Florida Atlantic University must reside within the

30  service area of the university; three must be residents of

31  Broward County, three must be residents of Palm Beach County,


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    CS for CS for SB 2108                          First Engrossed



  1  and three may be residents of any county within the service

  2  area. Each appointee is subject to confirmation by the Senate

  3  in the regular legislative session immediately following his

  4  or her appointment.

  5         (5)  Effective July 1, 2001:

  6         (a)  The Board of Regents created in s. 240.205 is

  7  abolished.

  8         (b)  All of the powers, duties, functions, records,

  9  personnel, and property; unexpended balances of

10  appropriations, allocations, and other funds; administrative

11  authority; administrative rules; pending issues; and existing

12  contracts of the Board of Regents are transferred by a type

13  two transfer, pursuant to s. 20.06(2), to the Florida Board of

14  Education to be administered by the Secretary of the Florida

15  Board of Education.

16         (c)  The State Board of Community Colleges is

17  abolished.

18         (d)  All of the powers, duties, functions, records,

19  personnel, and property; unexpended balances of

20  appropriations, allocations, and other funds; administrative

21  authority; administrative rules; pending issues; and existing

22  contracts of the State Board of Community Colleges are

23  transferred by a type two transfer, pursuant to s. 20.06(2),

24  from the Department of Education to the Florida Board of

25  Education to be administered by the Secretary of the Florida

26  Board of Education.

27         (e)  The Postsecondary Education Planning Commission is

28  abolished.

29         (f)  The Education K-20 Policy and Research Council is

30  created and assigned for administrative purposes to the

31  Department of Education.


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    CS for CS for SB 2108                          First Engrossed



  1         (g)  All personnel, unexpended balances of

  2  appropriations, and allocations of the Postsecondary Education

  3  Planning Commission are transferred to the Education K-20

  4  Policy and Research Council.

  5         (h)  The Articulation Coordinating Committee and the

  6  Education Standards Commission are transferred by a type two

  7  transfer, pursuant to s. 20.06(2), from the Department of

  8  Education to the Florida Board of Education.

  9         (i)  Notwithstanding the provisions of s. 20.15, the

10  Commissioner of Education and the Secretary of the Florida

11  Board of Education, in partnership, shall commence the

12  reorganization of the Department of Education in accordance

13  with s. 229.0073, which shall include an Office of the

14  Commissioner of Education comprised of the general areas of

15  operation that are common to all delivery sectors and, in

16  addition, shall include:

17         1.  The creation of an Office of Technology and

18  Information Services, an Office of Workforce and Economic

19  Development, and an Office of Educational Facilities.

20         2.  The creation of a Division of Colleges and

21  Universities.

22         3.  The creation of a Division of Community Colleges.

23         4.  The creation of a Division of Public Schools.

24         5.  The creation of a Division of Independent

25  Education.

26         6.  The merger of the powers, duties, and staffs of the

27  State Board of Independent Colleges and Universities and the

28  State Board of Nonpublic Career Education, except as relating

29  to any independent nonprofit college or university which is

30  located in and chartered by the state, is accredited by the

31  Commission on Colleges of the Southern Association of Colleges


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    CS for CS for SB 2108                          First Engrossed



  1  and Schools, and grants baccalaureate degrees, into a single

  2  Commission for Independent Education administratively housed

  3  within the Division of Independent Education.

  4         (6)  Effective January 7, 2003, the powers and duties

  5  of the following entities are relocated to the Florida Board

  6  of Education, which shall retain all related funding and

  7  budget authority for purposes of a single, seamless

  8  kindergarten through graduate school education system and

  9  single or coordinated budget and may retain or redistribute

10  the powers and duties of each entity in accordance with the

11  policies and guiding principles of s. 229.002, and the

12  entities shall cease to exist:

13         (a)  The Board of Regents.

14         (b)  The State Board of Community Colleges.

15         (c)  The State Board of Independent Colleges and

16  Universities.

17         (d)  The State Board of Nonpublic Career Education.

18         (e)  The Division of Workforce Development of the

19  Department of Education.

20         (f)  The Postsecondary Education Planning Commission.

21         (g)  The Articulation Coordination Committee.

22         (h)  The Division of Human Resource Development of the

23  Department of Education.

24         (i)  The Division of Support Services of the Department

25  of Education.

26         (j)  The Division of Administration of the Department

27  of Education.

28         (k)  The Division of Financial Services of the

29  Department of Education.

30         (l)  The Division of Technology of the Department of

31  Education.


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    CS for CS for SB 2108                          First Engrossed



  1         (m)  The Office of Student Financial Assistance of the

  2  Department of Education.

  3         (n)  The Division of Universities of the Department of

  4  Education.

  5         (o)  The Division of Community Colleges of the

  6  Department of Education.

  7         Section 18.  Section 229.0031, Florida Statutes, is

  8  created to read:

  9         229.0031  Education K-20 Policy and Research

10  Council.--Effective July 1, 2001, the Education K-20 Policy

11  and Research Council is created and assigned to the Department

12  of Education. The council shall be administratively housed

13  within the Office of the Commissioner of Education, but it

14  shall independently exercise the responsibilities assigned to

15  it in this section or delegated by the Florida Board of

16  Education. The council shall serve as an advisory body to the

17  Florida Board of Education, the Legislature, and other

18  appropriate state agencies and entities on all matters

19  relating to education in this state. In addition, the

20  Council's reports and recommendations shall be made available

21  to the Legislature, the Florida Board of Education, and other

22  appropriate government and educational agencies and entities.

23         (1)(a)  The council shall be composed of 11 members of

24  the general public and 1 full-time student representing the

25  education system of the state. Each member shall be appointed

26  by the Governor, approved by three members of the Florida

27  Board of Education, and confirmed by the Senate. Members shall

28  be appointed to serve staggered 4-year terms, except for the

29  full-time student member, who shall serve for 1 year; however,

30  of the initial nonstudent appointees, two shall be appointed

31  for 1-year terms, three shall be appointed for 2-year terms,


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    CS for CS for SB 2108                          First Engrossed



  1  three shall be appointed for 3-year terms, and three shall be

  2  appointed for 4-year terms. The student member shall be

  3  selected annually with the qualification that he or she be a

  4  registered full-time student at any of this state's

  5  educational institutions as defined in chapters 228 and 229

  6  relating to public and nonpublic schools, in chapter 230

  7  relating to public community colleges and universities, or in

  8  chapter 246 relating to nonpublic colleges, universities, and

  9  vocational schools. The members of the council shall elect a

10  chair annually. The Governor shall, subject to approval and

11  confirmation, fill all vacancies that occur on the council.

12         (b)  The council shall meet as often as it considers

13  necessary to carry out its duties and responsibilities.

14         (c)  Members shall be paid travel and per diem expenses

15  as provided in s. 112.061 while performing their duties under

16  this section.

17         (2)  The council shall appoint an executive director,

18  who shall serve at the pleasure of the council and shall

19  perform the duties assigned to him or her by the council. The

20  executive director is the chief administrative officer of the

21  council and shall appoint all employees and staff members of

22  the council, who shall serve under the executive director's

23  direction and control.

24         (3)  The council shall:

25         (a)  Serve as a citizen board to provide independent

26  policy analyses and recommendations to the Florida Board of

27  Education, the Commissioner of Education, the Governor, and

28  the Legislature to ensure a seamless educational system in

29  this state.

30

31


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    CS for CS for SB 2108                          First Engrossed



  1         (b)  Assist the Florida Board of Education in the

  2  conduct of its educational responsibilities in such capacities

  3  as the state board considers appropriate.

  4         (c)  Prepare and submit to the Florida Board of

  5  Education a long-range master plan for education. The plan

  6  must include consideration of the promotion of quality,

  7  fundamental educational goals, programmatic access, needs for

  8  remedial education, regional and state economic development,

  9  international education programs, demographic patterns,

10  student demand for programs, needs of particular subgroups of

11  the population, implementation of innovative educational

12  techniques and technology, and the requirements of the labor

13  market. The capacity of existing programs, in public and

14  independent institutions, to respond to identified needs must

15  be evaluated, and a plan must be developed to respond

16  efficiently to unmet needs.

17         (d)  Update the state master plan for education every 5

18  years.

19         (e)  Review implementation of the state master plan and

20  annually report to the Florida Board of Education and the

21  Legislature the progress toward implementation.

22         (f)  Explore emerging educational issues.

23         (g)  Identify successful and innovative educational

24  programs.

25         (h)  On its own initiative or in response to the

26  Governor, the Legislature, the Florida Board of Education, or

27  the Commissioner of Education, issue reports and

28  recommendations on matters relating to any education sector.

29         (i)  Recommend goals for the overall improvement of

30  education in this state.

31


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    CS for CS for SB 2108                          First Engrossed



  1         (j)  Recommend to the Florida Board of Education rules

  2  concerning the planning and coordination of educational

  3  programs.

  4         (k)  By January 1, 2003, and on a 3-year cycle

  5  thereafter, review and make recommendations to the Legislature

  6  regarding the activities of research centers and institutes

  7  supported with state funds to assess the return on the state's

  8  investment in research conducted by public postsecondary

  9  education institutions, in coordination with the Leadership

10  Board for Applied Research and Public Service, created

11  pursuant to s. 240.706.

12         Section 19.  Section 229.004, Florida Statutes, is

13  amended to read:

14         229.004  Florida Board of Education.--

15         (1)(a)  In accordance with the implementation process

16  in s. 229.0072 Effective January 7, 2003, the Florida Board of

17  Education is established as a body corporate. The board shall

18  be a part-time citizen board consisting of seven members

19  appointed by the Governor to staggered 4-year terms, subject

20  to confirmation by the Senate. Members of the board shall

21  serve without compensation, but shall be entitled to

22  reimbursement of travel and per diem expenses in accordance

23  with s. 112.061. Members may be reappointed by the Governor

24  for additional terms.

25         (b)  The Florida Board of Education shall have a

26  chairperson who shall be appointed by the Governor.

27         (2)  The primary duties of the board shall be to

28  establish education goals and objectives consistent with the

29  policies and guiding principles of s. 229.002 and the mission

30  and goals of s. 229.007 and, together with the Commissioner of

31  Education, to oversee the implementation of and enforce


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    CS for CS for SB 2108                          First Engrossed



  1  compliance with the education policies established by the

  2  Legislature. The board, its secretary, and the commissioner,

  3  in partnership, shall establish, operate, and maintain optimal

  4  efficiency of an Office of the Commissioner of Education,

  5  pursuant to s. 229.0061(2)(c) Board of Education.

  6         (3)  In performing its duties, the board, together with

  7  the Commissioner of Education, shall:

  8         (a)  Ensure accountability and responsiveness to

  9  Florida's citizens, including the establishment of a Citizen

10  Information Center that utilizes quick response and

11  customer-friendly methodologies.

12         (b)  Establish and aggressively enforce efficient and

13  effective performance management objectives.

14         (c)  Maximize the effectiveness of local, state, and

15  federal education linkages and funds.

16         (d) Issue guidelines for the development of legislative

17  budget requests for operations and fixed capital outlay for

18  the coordinated K-20 system.

19         (e)(d)  Recommend one budget or a coordinated budget

20  and long-range program plans based on consistent policies for

21  a seamless kindergarten through graduate school education.

22         (f)(e)  Adopt cohesive rules governing systemwide

23  access to educational opportunities, within statutory

24  authority, for education systemwide issues and ensure that

25  rules adopted for the various education delivery systems are

26  compatible.

27         (g)(f)  Ensure articulation and coordination within and

28  across the entire education delivery system.

29         (h)(g)  Provide ongoing public information regarding

30  performance results for the entire kindergarten through

31  graduate school education system and each of its components.


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    CS for CS for SB 2108                          First Engrossed



  1         (4)  The board, with the Commissioner of Education,

  2  shall be responsible for:

  3         (a)  The work of with the Chancellor of Public Schools

  4  K-12 Education to establish, and maintain optimal efficiency

  5  of, a Division an Office of Public Schools, within the

  6  guidelines of ss. 229.0061 and 229.0073, and to achieve the

  7  mission and goals of s. 229.007 K-12 Education.

  8         (b)  The work of with the Chancellor of Colleges and

  9  State Universities to establish, and maintain optimal

10  efficiency of, a Division an Office of Colleges and State

11  Universities, within the guidelines of ss. 229.0061 and

12  229.0073, and to achieve the mission and goals of s. 229.007.

13         (c)  The work of with the Chancellor of Community

14  Colleges and Career Preparation to establish, and maintain

15  optimal efficiency of, a Division an Office of Community

16  Colleges and Career Preparation, within the guidelines of ss.

17  229.0061 and 229.0073, and to achieve the mission and goals of

18  s. 229.007.

19         (d)  The work of with the Executive Director of

20  Independent Nonpublic and Nontraditional Education to

21  establish, and maintain optimal efficiency of, a Division an

22  Office of Independent Nonpublic and Nontraditional Education,

23  within the guidelines of ss. 229.0061 and 229.0073, and to

24  achieve the mission and goals of s. 229.007 Services.

25         Section 20.  Section 229.005, Florida Statutes, is

26  amended to read:

27         229.005  Florida education governance officers.--

28         (1)  COMMISSIONER OF EDUCATION.--The Commissioner of

29  Education shall work with the Florida Board of Education, and

30  its secretary, to ensure that all education governance

31  officers focus be appointed by the Board of Education from


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    CS for CS for SB 2108                          First Engrossed



  1  candidates of national caliber and respected and proven

  2  organizational leadership with established experience in

  3  administering broad-based policy. The commissioner shall be a

  4  person who is eminently capable of focusing the entire

  5  kindergarten through graduate school education system on

  6  accomplishing to accomplish the policies and guiding

  7  principles of s. 229.002 and achieving the mission and goals

  8  of s. 229.007. The commissioner shall have the ability to

  9  successfully provide education policy and planning direction,

10  program development, performance management, and funding

11  allocation recommendations across the spectrum of kindergarten

12  through graduate school education. The commissioner shall

13  serve as chief executive officer of the seamless K-20

14  education system; however, for the period from July 1, 2001,

15  until January 7, 2003, the commissioner shall continue to be

16  primarily responsible for K-12 policies and issues., and the

17  ability to achieve and safeguard the will of the people of

18  Florida as expressed in s. 1, Art. IX of the Florida

19  Constitution, that "adequate provision shall be made by law

20  for a uniform, efficient, safe, secure, and high quality

21  system of free public schools that allows students to obtain a

22  high quality education and for the establishment, maintenance,

23  and operation of institutions of higher learning and other

24  public education programs that the needs of the people may

25  require."

26         (2)  CHANCELLOR OF PUBLIC SCHOOLS K-12 EDUCATION.--The

27  Chancellor of Public Schools K-12 Education shall be appointed

28  by the Commissioner of Education, subject to confirmation by

29  the Florida Board of Education, based on his or her ability to

30  work as a division vice president of the seamless K-20

31  education system with the Florida Board of Education and the


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    CS for CS for SB 2108                          First Engrossed



  1  other education governance officers to comply with the

  2  policies and guiding principles of s. 229.002, to achieve the

  3  mission and goals of s. 229.007, to enhance the quality of

  4  public K-12 education in Florida, and to maximize the equity

  5  of public K-12 education in Florida by moving the focus to the

  6  school site and the individual student., and to achieve and

  7  safeguard the will of the people of Florida as expressed in s.

  8  1, Art. IX of the Florida Constitution, that "adequate

  9  provision shall be made by law for a uniform, efficient, safe,

10  secure, and high quality system of free public schools that

11  allows students to obtain a high quality education. . . ."

12         (3)  CHANCELLOR OF COLLEGES AND STATE

13  UNIVERSITIES.--The Chancellor of Colleges and State

14  Universities shall be appointed by the Secretary of the

15  Florida Board of Education, subject to confirmation by the

16  Florida Board of Education, Commissioner of Education based on

17  his or her ability to work as a division vice president of the

18  seamless K-20 education system with the Florida Board of

19  Education and the other education governance officers to

20  comply with the policies and guiding principles of s. 229.002,

21  to achieve the mission and goals of s. 229.007, to enhance the

22  national reputation and quality of education and educational

23  research in Florida's colleges and state universities, and to

24  work directly with each of the college and state university

25  presidents and boards of trustees in focusing on the education

26  and educational research needs of the individual college or

27  university and its students.

28         (4)  CHANCELLOR OF COMMUNITY COLLEGES AND CAREER

29  PREPARATION.--The Chancellor of Community Colleges and Career

30  Preparation shall be appointed by the Secretary of the Florida

31  Board of Education, subject to confirmation by the Florida


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    CS for CS for SB 2108                          First Engrossed



  1  Board of Education, Commissioner of Education based on his or

  2  her ability to work as a division vice president of the

  3  seamless K-20 education system with the Florida Board of

  4  Education and the other education governance officers to

  5  comply with the policies and guiding principles of s. 229.002,

  6  to achieve the mission and goals of s. 229.007, to enhance the

  7  quality of education in Florida's community colleges, and to

  8  work directly with each of the community college presidents

  9  and boards of trustees in focusing on the education needs of

10  the communities and students they serve.

11         (5)  EXECUTIVE DIRECTOR OF INDEPENDENT NONPUBLIC AND

12  NONTRADITIONAL EDUCATION.--The Executive Director of

13  Independent Nonpublic and Nontraditional Education shall be

14  appointed by the Commissioner of Education, subject to

15  confirmation by the Florida Board of Education, based on his

16  or her ability to work as a division vice president of the

17  seamless K-20 education system with the Florida Board of

18  Education and the other education governance officers to

19  comply with the policies and guiding principles of s. 229.002,

20  to protect the independence, autonomy, and nongovermental

21  status of independent education in Florida, to enhance the

22  quality and expand the offerings and innovations of

23  independent nonpublic and nontraditional education in Florida,

24  to establish partnerships with independent nonpublic education

25  providers at all levels to achieve these goals, and to work

26  directly with the Board of Trustees of the Florida Virtual

27  On-Line High School and with Florida's private school

28  associations, home education associations, independent

29  nonpublic career education institutions, and independent

30  colleges and universities to maximize educational choice and

31


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    CS for CS for SB 2108                          First Engrossed



  1  enhance the options, educational alternatives, and

  2  student-focused delivery for their students.

  3         Section 21.  Subsections (1), (4), (5), (6), and (7) of

  4  section 229.006, Florida Statutes, are amended to read:

  5         229.006  Education Governance Reorganization Transition

  6  Task Force.--

  7         (1)  In order to accomplish a smooth transition on

  8  January 7, 2003, from the elected State Board of Education to

  9  the appointed Florida Board of Education, there shall be

10  established the Education Governance Reorganization Transition

11  Task Force. All members of the task force shall be appointed

12  as soon as feasible but not later than October 1, 2000. The

13  task force shall be comprised of:

14         (a)  Five members appointed by the Governor;

15         (b)  Three members appointed by the President of the

16  Senate; and

17         (c)  Three members appointed by the Speaker of the

18  House of Representatives.

19

20  The transition task force shall be charged with the duty to

21  identify issues, conduct research, develop the necessary

22  procedural and substantive framework, and make recommendations

23  to the Legislature for an orderly 3-year phase-in for a

24  seamless education continuum and a single or coordinated

25  kindergarten through graduate school budget in accordance with

26  the policies and guiding principles of s. 229.002, so that the

27  Florida Board of Education may immediately begin its work on

28  January 7, 2003, with maximum effectiveness.

29         (4)  Upon completion of its recommendations to the

30  Legislature by March 1, 2001, the transition task force shall

31  redirect its focus to provide guidance and monitoring of the


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    CS for CS for SB 2108                          First Engrossed



  1  implementation process pursuant to s. 229.0072 as recommended

  2  by the task force, and to regularly report to the Governor,

  3  the Legislature, the Commissioner of Education, Secretary of

  4  the Florida Board of Education, and the public on the progress

  5  of the reorganization implementation process. If any

  6  implementation activity is determined by a majority vote of

  7  the task force to be inconsistent with the intent of this act,

  8  the chair of the task force shall report such activity

  9  directly to the State Board of Education. The reporting of

10  such activity shall automatically suspend any action relating

11  to the disputed activity. The State Board of Education shall

12  act to resolve the dispute. recommend to the Legislature:

13         (a)  How best to achieve education system integration

14  by:

15         1.  Combining appropriate education functions and

16  policies into or under the new Florida Board of Education.

17         2.  Devolving the education delivery services and

18  operational decisions to the appropriate location of delivery

19  to students, specifically the schools, community colleges,

20  colleges, universities, area technical centers, and other

21  education institutions or places where the students receive

22  their education.

23         3.  Providing for a single or coordinated kindergarten

24  through graduate school education budget.

25         (b)  How best to achieve economies in education

26  services, including recommendations concerning consolidation

27  of information systems and integrated performance and

28  financial accounting systems, while maximizing effectiveness

29  within existing resources and staff.

30

31


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    CS for CS for SB 2108                          First Engrossed



  1         (c)1.  Which, if any, current education staff functions

  2  and resources should be eliminated, transferred, or realigned

  3  within the proposed new education organizational structure.

  4         2.  A recommended salary structure for the Commissioner

  5  of Education and for the chancellors.

  6         (d)  Whether an Office of Policy Research should be

  7  established to explore emerging issues, locate successful and

  8  innovative educational programs, and make recommendations to

  9  the Governor, the Florida Board of Education, and the

10  Legislature and, if so, its mission, staffing, and location.

11         (e)  The optimal mission of the Florida On-Line High

12  School and a methodology for the operation and funding of the

13  school to achieve that mission.

14         (f)  The optimal location and structure of the Florida

15  Partnership for School Readiness.

16         (5)  By March 1, 2002, the transition task force shall

17  recommend to the Legislature:

18         (a)  Standards, definitions, and guidelines for

19  universities, colleges, community colleges, schools, and other

20  education institutions to ensure the quality of education,

21  systemwide coordination, and efficient progress toward

22  attainment of their appropriate missions.

23         (b)  Rules and procedures as necessary to be followed

24  by university boards of trustees, community college boards of

25  trustees, and other boards of trustees, as determined

26  appropriate, for recruitment and selection of presidents,

27  procedures for annual evaluations of presidents, and

28  procedures for interaction between presidents, the boards of

29  trustees, and the new Florida Board of Education.

30

31


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    CS for CS for SB 2108                          First Engrossed



  1         (c)  A systemwide strategic plan for postsecondary

  2  institutions that considers the role, in their respective

  3  communities, of each of the institutions.

  4         (d)  Methodologies for degree program approval,

  5  establishment of matriculation and tuition fees, and

  6  coordination of colleges' and universities' budget requests.

  7         (e)  Any additional statutory changes needed during the

  8  2002 legislative session to complete the education governance

  9  reorganization transition.

10         (6)  By March 1, 2003, the transition task force shall

11  recommend to the Legislature:

12         (a)  Statutory changes necessary to accomplish the

13  policies and guiding principles of s. 229.002, including, but

14  not limited to, statutory changes necessitated by the repeal

15  and review provisions of subsection 3(8) of this act.

16         (b)  Rulemaking authority for the new Florida Board of

17  Education and a plan and timetable for transition or

18  coordination of existing education sector agency rules and

19  rulemaking authority recommendations, if any, for education

20  agencies.

21         (c)  Waiver authority, if any, for the Commissioner of

22  Education or the Florida Board of Education.

23         (5)(7)  By March May 1, 2003, the transition task force

24  shall have completed its duties and shall make its final

25  report to the Governor, the Florida Board of Education, the

26  Commissioner of Education, the President of the Senate, the

27  Speaker of the House of Representatives, and the minority

28  leaders of each chamber.  The final report shall include, but

29  is not limited to:

30

31


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    CS for CS for SB 2108                          First Engrossed



  1         (a)  A summary of the work and recommendations of the

  2  task force and the status of full implementation of the K-20

  3  education system.

  4         (b)  The status of all pending and completed actions on

  5  orders and rules, all enforcement matters, and all

  6  delegations, interagency agreements, and contracts with

  7  federal, state, regional, and local governments and private

  8  entities.

  9         (c)  Identification of any remaining or potential

10  duplication in the administration of state education laws and

11  rules, with specific recommendations to eliminate such

12  duplication and promote more efficient administration.

13         Section 22.  Section 229.0061, Florida Statutes, is

14  created to read:

15         229.0061  Florida's K-20 education system; guidelines

16  for implementation; guidelines for structure, functions, and

17  organization.--

18         (1) GUIDELINES FOR IMPLEMENTATION.--

19         (a)  Florida's seamless K-20 education system shall be

20  a decentralized system in which as many commissions, boards,

21  councils, and excess layers of bureaucracy as possible are

22  eliminated.

23         (b)  Florida's K-20 education system shall rely on a

24  single entity, the Florida Board of Education, as its single

25  strategic voice. If the board desires assistance on matters of

26  policy research or other issues, the board shall be authorized

27  to appoint a committee or committees to assist it on any and

28  all issues within the K-20 education system on an ad hoc

29  basis.

30         (c)  Members of the Florida Board of Education shall

31  focus on high-level policy decisions.


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  1         (d)  It is essential to the success of Florida's

  2  seamless K-20 education system to have a fully operational

  3  systemwide technology plan based on a common set of data

  4  definitions.

  5         (2)  GUIDELINES FOR STRUCTURE, FUNCTIONS, AND

  6  ORGANIZATION.--

  7         (a)  Roles of the Legislature, the Florida Board of

  8  Education, the education governance officers, the university

  9  boards of trustees, and the institutional boards of trustees

10  and school boards.--The Legislature shall enact education laws

11  and policies and shall appropriate and allocate education

12  resources. The Florida Board of Education shall enforce all

13  laws, rules, and guidelines and shall timely provide

14  direction, resources, assistance, intervention when needed,

15  and strong incentives and disincentives to force

16  accountability for results. In terms of major areas of

17  responsibility, the Legislature, the Florida Board of

18  Education, the education governance officers, the university

19  boards of trustees, and the institutional boards of trustees

20  and school boards shall each perform essential constituent

21  roles.

22         (b)  Florida Board of Education.--The Florida Board of

23  Education shall serve as the body corporate for Florida's

24  seamless K-20 education system; implement the systemwide

25  education vision; and, together with the commissioner,

26  Secretary of the Florida Board of Education, chancellors, and

27  executive director, oversee the success of that vision. The

28  Florida Board of Education shall:

29         1.  Enforce systemwide education policies and goals.

30         2.  Recommend annually the coordinated education budget

31  and authorize the allocation of resources in accordance with


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  1  law and rule. Any program recommended by the Florida Board of

  2  Education which requires state funding for more than 1 year

  3  must be presented in a multi-year budget plan.

  4         3.  Adopt long-term and short-term education plans.

  5         4.  Enforce education accountability standards and

  6  measures of all components of the K-20 education system.

  7         5.  Accurately and continuously assess data and monitor

  8  and report performance.

  9         6.  Provide high-quality assistance and intervention

10  when and where needed.

11         7.  Provide timely and accurate information on all

12  public and independent education services.

13         8.  Establish the missions of the  public colleges and

14  universities and community colleges.

15         9.  Approve new degree programs above the master's

16  degree level.

17         10.  Approve new undergraduate medical education

18  programs or colleges, new graduate medical education programs,

19  and Programs in Medical Sciences (PIMS) which are partnerships

20  between two or more public higher education institutions or

21  between public and private higher education institutions.

22         (c)  Commissioner of Education.--The Commissioner of

23  Education shall serve as chief executive officer of Florida's

24  seamless K-20 education system. The commissioner shall propose

25  action on all issues that come before the board and be

26  responsible for enforcing compliance with the mission and

27  goals of the seamless K-20 education system by all education

28  delivery sectors. The commissioner's office shall operate all

29  statewide functions necessary to support the Florida Board of

30  Education and the seamless K-20 education system, including

31  the following areas:


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  1         1.  Legal.

  2         2.  Communications, including a Citizen Information

  3  Center that provides quick response and uses customer-friendly

  4  methods.

  5         3.  Strategic planning and budget development.

  6         4.  General administration.

  7         5.  Assessment and accountability.

  8         6.  Data management, education technology, and an

  9  education data warehouse.

10         7.  Access and opportunity, including student financial

11  assistance.

12         8.  Policy research and development, except the

13  Education K-20 Policy and Research Council.

14         9.  Florida Board of Education personnel.

15         10.  Workforce and economic development.

16         11.  Educational facilities.

17         12.  Inspector General.

18         (d)  Chancellors and executive director.--The

19  chancellors of the public schools, community colleges, and

20  colleges and universities divisions and the Executive Director

21  of the Division of Independent Education shall serve the

22  Florida Board of Education, the Secretary of the Florida Board

23  of Education, and the Commissioner of Education in the role of

24  division vice presidents of the K-20 education system and as

25  governance officers and critical members of the state-level

26  education leadership team. They shall each be held responsible

27  for providing leadership, administering programs, resolving

28  disputes, providing technical assistance, and timely

29  recommending action plans to the commissioner for sanctions or

30  intervention when needed, as well as making recommendations to

31  the board and the commissioner for strategic planning and


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    CS for CS for SB 2108                          First Engrossed



  1  budget development for their respective education delivery

  2  sectors. They shall support the governing policies and

  3  responsibilities of the board and the commissioner and bear

  4  primary responsibility for the achievement of the mission and

  5  goals of the K-20 education system by their education delivery

  6  sectors, as applicable to their sectors. They shall reinforce

  7  the policies and principles of the seamless K-20 education

  8  system in every venue and at every opportunity, and work

  9  together to facilitate horizontal communications and

10  interactions between the education delivery sectors.

11  Specifically, as applicable, each education governance officer

12  shall:

13         1.  Serve as the head of the division.

14         2.  Supervise all employees and work of the division.

15         3.  Properly and timely inform education institutions

16  and the public as to legislative action, including funding,

17  grant opportunities, and substantive policy changes affecting

18  the division.

19         4.  Direct the review of expenditures of public funds

20  in accordance with legislative intent.

21         5.  Evaluate the performance of each education

22  institution under the division and report performance results

23  to the public, the Legislature, the Commissioner of Education,

24  the Florida Board of Education, and the institution and its

25  governing board.

26         6.  Direct institutional governing boards to take

27  corrective action to improve unsatisfactory performance

28  pursuant to law and rules of the Florida Board of Education.

29         7.  Direct and oversee the development of the

30  division's accountability system and recommend changes to the

31  Commissioner of Education and the Florida Board of Education.


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  1         8.  Direct the division's activities in order to

  2  coordinate with other divisions to provide a seamless

  3  education system.

  4         9.  Direct the provision of state services to

  5  institutions under the division.

  6         10.  Direct the development of the division's

  7  legislative budget request and work cooperatively with the

  8  commissioner and other governance officers to develop a

  9  coordinated budget request.

10         11.  Serve as the primary point of contact and

11  communication for the division.

12         (e)  Institutional boards of trustees and school

13  boards.--Each institutional board of trustees and school board

14  shall:

15         1.  Provide strategic planning and budget development

16  for their institution or school district.

17         2.  Implement and maintain high-quality education

18  programs within law and rules of the Florida Board of

19  Education.

20         3.  Measure and enforce performance.

21         4.  Provide timely and accurate reporting of

22  information.

23         5.  Provide direct input on education issues to the

24  education governance officers.

25         6.  Have broad latitude within law and rules of the

26  Florida Board of Education in developing local policies and

27  local programs to meet the needs of their students, their

28  communities, and area employers.

29         7.  Hold presidents and appointed superintendents

30  responsible for institution and school performance.

31


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  1         8.  Be responsible for the fiscal accountability of

  2  their institution or school district.

  3         9.  Be responsible for compliance with all laws, rules

  4  of the Florida Board of Education, and performance

  5  accountability requirements.

  6         (f)  Presidents and superintendents.--Each

  7  institutional president and school district superintendent

  8  shall:

  9         1.  Be responsible for efficient and effective budget

10  and program administration.

11         2.  Provide strong leadership to accomplish their

12  education missions and goals.

13         3.  Closely monitor education performance.

14         4.  Provide timely and accurate financial and

15  performance data.

16         5.  Link instructional staff evaluations to student

17  performance.

18         (g)  Ad hoc advisory committees.--Advisory bodies shall

19  be appointed on an ad hoc basis by the Florida Board of

20  Education to serve the board, its secretary, the commissioner,

21  and chancellors when and as needed by studying and

22  recommending action on major issues that affect the direction

23  and quality of education, providing public forums for debate,

24  and safeguarding a coordinated systemwide approach to

25  education policy decisions.

26         Section 23.  Section 229.007, Florida Statutes, is

27  created to read:

28         229.007  Florida's K-20 education performance

29  accountability system; legislative intent; mission, goals, and

30  systemwide measures.--

31


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    CS for CS for SB 2108                          First Engrossed



  1         (1)  LEGISLATIVE INTENT.--It is the intent of the

  2  Legislature that:

  3         (a)  The performance accountability system implemented

  4  to assess the effectiveness of Florida's seamless K-20

  5  education delivery system provide answers to the following

  6  questions in relation to its mission and goals:

  7         1.  What is the public getting in return for funds it

  8  invests in education?

  9         2.  How is Florida's K-20 education system performing

10  in terms of educating its students?

11         3.  How are the major delivery sectors performing to

12  promote student achievement?

13         4.  How are individual schools and postsecondary

14  education institutions performing their responsibility to

15  educate their students as measured by how students are

16  performing and how much they are learning?

17         (b)  The Florida Board of Education recommend to the

18  Legislature systemwide performance standards; the Legislature

19  establish systemwide performance measures and standards; and

20  the systemwide measures and standards provide Floridians with

21  information on what the public is getting in return for the

22  funds it invests in education and how well the K-20 system

23  educates its students.

24         (c)  The Florida Board of Education establish

25  performance measures and set performance standards for

26  individual components of the system, including individual

27  schools and postsecondary education institutions, which

28  measures and standards are based primarily on student

29  achievement.

30         (d)  The Florida Board of Education shall work with the

31  chancellors and each delivery system to develop proposals for


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    CS for CS for SB 2108                          First Engrossed



  1  performance-based funding, using performance measures

  2  established by the Legislature. The proposals must provide

  3  that at least 10 percent of the state funds appropriated for

  4  the K-20 education system are conditional upon meeting or

  5  exceeding established performance standards. The boards must

  6  submit the recommendations to the Legislature in the following

  7  sequence:

  8         1.  By December 1, 2001, recommendations for state

  9  universities and independent colleges eligible for the William

10  L. Boyd, IV, Florida Resident Access Grant, pursuant to s.

11  240.605, for consideration by the 2002 Legislature and

12  implementation in the 2002-2003 fiscal year.

13         2.  By December 1, 2002, recommendations for public

14  schools, nonpublic schools that receive state funding and

15  workforce education, for consideration by the 2003 Legislature

16  and implementation in the 2003-2004 fiscal year.

17         3.  By December 1, 2003, recommendations for community

18  colleges, for consideration by the 2004 Legislature and

19  implementation in the 2004-2005 fiscal year.

20         4.  By December 1, 2004, recommendations for all other

21  programs that receive state funds within the Department of

22  Education.

23         (2)  MISSION, GOALS, AND SYSTEMWIDE MEASURES.--The

24  mission of Florida's K-20 education system, when it becomes

25  fully operational, shall be to increase the proficiency of all

26  students within one seamless, efficient system, by providing

27  them with the opportunity to expand their knowledge and skills

28  through learning opportunities and research valued by

29  students, parents, and communities, and to maintain an

30  accountability system that measures student progress toward

31  the following goals:


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  1         (a)  Highest student achievement, as measured by:

  2  student FCAT performance and annual learning gains; the number

  3  and percentage of schools that improve at least one school

  4  performance grade designation or maintain a school performance

  5  grade designation of "A" pursuant to s. 229.57; graduation or

  6  completion rates at all learning levels; and other measures

  7  identified in law or rule.

  8         (b)  Seamless articulation and maximum access, as

  9  measured by: the percentage of students who demonstrate

10  readiness for the educational level they are entering, from

11  kindergarten through postsecondary education and into the

12  workforce; the number and percentage of students needing

13  remediation; the percentage of Floridians who complete

14  associate, baccalaureate, professional, and postgraduate

15  degrees; the number and percentage of credits that articulate;

16  the extent to which each set of exit-point requirements

17  matches the next set of entrance-point requirements; and other

18  measures identified in law or rule.

19         (c)  Skilled workforce and economic development, as

20  measured by: the number and percentage of graduates employed

21  in their areas of preparation; the percentage of Floridians

22  with high school diplomas and postsecondary education

23  credentials; the percentage of business and community members

24  who find that Florida's graduates possess the skills they

25  need; and other measures identified in law or rule.

26         (d)  Quality efficient services, as measured by: cost

27  per completer or graduate; average cost per noncompleter at

28  each educational level; cost disparity across institutions

29  offering the same degrees; the percentage of education

30  customers at each educational level who are satisfied with the

31


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  1  education provided; and other measures identified in law or

  2  rule.

  3         Section 24.  Section 229.0072, Florida Statutes, is

  4  created to read:

  5         229.0072  Reorganization implementation process.--In

  6  order to best achieve the legislative purpose of the Florida

  7  Education Governance Reorganization Implementation Act:

  8         (1)  The Governor shall appoint the members of the

  9  boards of trustees of the state universities in accordance

10  with section 229.008, Florida Statutes.

11         (2)  Effective July 1, 2001, the Governor shall appoint

12  a seven-member Florida Board of Education. The Florida Board

13  of Education shall be housed within, and operate under the

14  direction of, the State Board of Education. Appointees to the

15  board shall be residents of the State of Florida and are

16  subject to confirmation by the Senate.

17         (3)  The Governor shall appoint a Secretary of the

18  Florida Board of Education who shall possess proven

19  organizational leadership and knowledge of broad-based

20  education policy. The secretary shall be confirmed by the

21  Senate during the 2002 regular legislative session, but may

22  perform all duties in the interim. The secretary shall serve

23  as the board's primary liaison with all entities involved in

24  the reorganization of education in Florida.  The secretary

25  shall be responsible directly to the Florida Board of

26  Education and shall serve as staff to the board on all action

27  items relating to the reorganization.  During the

28  implementation period, the secretary shall:

29         (a)  Be responsible for proposing actions regarding all

30  education governance reorganization implementation issues.

31


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    CS for CS for SB 2108                          First Engrossed



  1         (b)  Be responsible for integration of the Department

  2  of Education as it is reorganized into an agency of the

  3  Governor.

  4         (c)  Serve as Secretary of the Florida Board of

  5  Education during the reorganization implementation period.

  6         (d)  Serve as the head of the K-20 education leadership

  7  team during the reorganization implementation period.

  8         (e)  Be primarily responsible for higher education

  9  policies and issues for the period from July 1, 2001, until

10  January 7, 2003.

11         (4)  The Florida Board of Education shall establish a

12  detailed procedure for the implementation of a systemwide K-20

13  technology plan which includes a month-by-month timeline with

14  monthly progress reports to the board.

15         (5)  Subject to review and approval of the State Board

16  of Education, the Florida Board of Education shall:

17         (a)  Adopt rules pursuant to ss. 120.536(1) and 120.54

18  to implement provisions of law conferring duties upon it. The

19  rules shall be submitted to the State Board of Education. If

20  any rule is not disapproved by the State Board of Education

21  within 45 days after its receipt, the rule shall be filed

22  immediately with the Department of State.

23         (b)  Prepare and submit a coordinated K-20 education

24  budget that clearly defines the individual needs of the four

25  divisions created within the Department of Education.

26         (c)  Establish a work plan and timeline for the orderly

27  implementation of the transition, including a fully detailed

28  plan and timeline for the devolution of duties, as

29  appropriate, to the university boards of trustees.

30         (d)  Establish accountability standards for existing

31  legislative performance goals, standards, and measures, and


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    CS for CS for SB 2108                          First Engrossed



  1  order the development of mechanisms to implement new

  2  legislative goals, standards, and measures.

  3         (e)  Supervise the coordination of institutions and

  4  delivery sectors.

  5         (f)  Establish policies for university and community

  6  college boards of trustees to follow in selecting presidents.

  7         (g)  Approve plans and reports, and take other

  8  necessary actions pertaining to the supervision of education.

  9         (h)  Effectuate the timely implementation of the

10  seamless K-20 education system.

11         (i)  Establish advisory boards to provide the support

12  needed to address issues such as public education facilities

13  planning; student issues; instructional issues; distance

14  learning and technology; academic quality, freedom, and

15  responsibility; and research.

16         (j)  Develop and review recommendations on issues of

17  statewide importance, such as technology systems and

18  facilities.

19         (k)  Adopt criteria and implementation plans for future

20  growth issues, such as new colleges and universities and

21  campus mergers; and provide for cooperative agreements between

22  and within public and private education sectors.

23         (l)  Advise the State Board of Education regarding the

24  issuance of bonds.

25         (m)  Appoint advisory bodies, as necessary, on an ad

26  hoc basis.

27         (n)  Develop and recommend to the Education Governance

28  Reorganization Transition Task Force, the Governor, the

29  Secretary of the Florida Board of Education, the Commissioner

30  of Education, and the Legislature, no later than January 1,

31  2002, for adoption during 2002, a clear, concise new School


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    CS for CS for SB 2108                          First Engrossed



  1  Code, comprised of the revision of chapters 228-246, Florida

  2  Statutes, to accomplish the implementation, administration,

  3  and operation of Florida's seamless K-20 education system in

  4  accordance with the guidelines included in s. 229.0061.

  5         (o)  Serve as the successor for all collective

  6  bargaining agreements currently in effect with the Board of

  7  Regents.

  8         (6)  Effective July 1, 2001, the Commissioner of

  9  Education shall:

10         (a)  Work with the Florida Board of Education to

11  achieve full implementation of the seamless K-20 education

12  system.

13         (b)  Commence reorganization of the Department of

14  Education as a state agency of the Governor in accordance with

15  legislative guidelines pursuant to s. 229.0073, the

16  requirements of s. 229.003(5), and requests of the Florida

17  Board of Education as approved by the State Board of

18  Education.

19         (c)  As a member of the State Board of Education,

20  determine the agenda for the Florida Board of Education and

21  provide the Florida Board of Education and the State Board of

22  Education the full support of the reorganized Department of

23  Education.

24         Section 25.  Section 229.0073, Florida Statutes, is

25  created to read:

26         229.0073  Reorganization of the Department of

27  Education.--Effective July 1, 2001, notwithstanding the

28  provisions of s. 20.15, the secretary's Education

29  Reorganization Advisory Workgroup is established to provide

30  oversight and direction for the reorganization of Florida's

31  K-20 Department of Education. The Secretary of the Florida


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  1  Board of Education, the Commissioner of Education, the

  2  Governor or his or her designee, the Chairman of the Education

  3  Governance Reorganization Transition Task Force, the

  4  Chancellor of Public Schools, the Executive Director of

  5  Independent Education, the Chancellor of the Division of

  6  Colleges and Universities, the Chancellor of the Division of

  7  Community Colleges, a member of the Senate appointed by the

  8  President, and a member of the House of Representatives

  9  appointed by the Speaker shall serve on this workgroup. The

10  reorganization shall:

11         (1)  Eliminate duplication across divisions; achieve

12  greater efficiencies in financial and human resources and

13  education services; and identify functions, resources, and

14  services that should be eliminated, transferred, or realigned.

15         (2)  Include a review and assessment of all bureaus,

16  offices, divisions, and functions of the department

17  reorganized pursuant to this section.

18         (3)  Establish an Office of the Commissioner of

19  Education that includes the general areas of operation that

20  are common to all delivery sectors, such as administration,

21  communication, legal services, financial aid, and government

22  and public relations, in order to increase efficiency, improve

23  service delivery to students, and fully support the

24  operational needs of the Florida Board of Education.

25         (4)  Establish the following divisions within the

26  department:

27         (a)  Division of Public Schools (K-12).--The state's

28  public elementary, middle, junior high, and high schools, as

29  well as combination schools, charter schools, district magnet

30  programs, and area technical centers.

31


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  1         (b)  Division of Community Colleges.--The state's 28

  2  public community colleges.

  3         (c)  Division of Colleges and Universities.--The

  4  state's public universities and colleges and the 4-year

  5  independent colleges and universities which are located in and

  6  chartered by the state, are accredited by the Commission on

  7  Colleges of the Southern Association of Colleges and Schools,

  8  and grant baccalaureate degrees, to enable more effective

  9  articulation between these public and private institutions.

10  The division chancellor shall administer those provisions of

11  chapter 246 that apply to the independent colleges and

12  universities within the division and shall establish a liaison

13  responsible for partnerships that enhance articulation between

14  and communication with Florida's 4-year independent colleges

15  and universities.

16         (d)  Division of Independent Education.--The

17  independent education providers within the state, including

18  home education programs that meet the requirements of s.

19  232.0201, private K-12 institutions as described in s.

20  229.808, independent colleges and universities, except those

21  identified under paragraph (c), and private postsecondary

22  career preparation and vocational training institutions.

23         1.  The division shall be under an executive director

24  and shall house a new commission, appointed by the Governor,

25  to oversee licensing of independent postsecondary

26  institutions, consumer protection, and program improvement.

27  The commission shall have the powers and duties of the State

28  Board of Independent Colleges and Universities specified in

29  chapter 246, except the powers and duties relating to those

30  institutions identified under paragraph (c), and of the State

31  Board of Nonpublic Career Education.


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  1         2.  The division shall serve as the advocate for and

  2  liaison to the independent education providers identified in

  3  this paragraph.

  4         3.  The executive director of the division shall

  5  establish a mechanism for regular interaction and input from

  6  independent education providers in the development of policies

  7  that provide seamless articulation for all students.

  8         4.  The division shall afford students and parents

  9  educational options apart from the public K-20 system.

10         (5)  Establish the following offices within the Office

11  of the Commissioner of Education which shall coordinate their

12  activities with all other divisions and offices:

13         (a)  Office of Technology and Information Services.--In

14  conjunction with the chancellors of the divisions of public

15  schools, community colleges, and colleges and universities,

16  the office shall be responsible for developing a systemwide

17  technology plan, making budget recommendations to the

18  commissioner, providing data collection and management for the

19  system, and coordinating services with other state, local, and

20  private agencies. The office shall develop a method to address

21  the need for a statewide approach to planning and operations

22  of library and information services. The Florida Virtual High

23  School shall be administratively housed within the office.

24         (b)  Office of Workforce and Economic Development.--The

25  office shall evaluate the role of each sector of education in

26  Florida's workforce and economic development, assess the

27  specific work skills and variety of careers provided, and

28  report to the Florida Board of Education the effectiveness of

29  each sector.

30         (c)  Office of Educational Facilities and SMART Schools

31  Clearinghouse.--The office shall validate all educational


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  1  plant surveys and verify Florida Inventory of School Houses

  2  (FISH) data. The office shall provide technical assistance to

  3  public school districts when requested. The office, staff,

  4  property, and functions of the SMART Schools Clearinghouse are

  5  transferred by a type two transfer, pursuant to s. 20.06(2),

  6  from the Department of Management Services to the Office of

  7  Educational Facilities and SMART Schools Clearinghouse within

  8  the Office of the Commissioner of Education.

  9         (d)  Office of Student Financial Assistance.--The

10  office shall provide access to and administer state and

11  federal grants, scholarships, and loans to those students

12  seeking financial assistance for postsecondary study pursuant

13  to program criteria and eligibility requirements.

14         (6)  Establish a K-20 education leadership team,

15  including, but not limited to, the Secretary of the Florida

16  Board of Education and the education governance officers. The

17  leadership team shall be responsible for systemwide horizontal

18  and vertical communication, and assisting the achievement of

19  the seamless K-20 education system.

20         Section 26.  Section 229.0074, Florida Statutes, is

21  created to read:

22         229.0074  Division of Independent Education.--

23         (1)  The mission of the Division of Independent

24  Education is to enhance the opportunity to raise the

25  educational attainment levels of students pursuing their

26  education in nongovernment settings by representing their

27  interests, and those of the institutions that serve them, in

28  the Department of Education. The Division of Independent

29  Education has no authority over the institutions or students

30  in Florida's independent education sector, other than those

31  specified in chapter 246 relating to independent postsecondary


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  1  education. The division shall serve as the advocate for, and

  2  liaison to, independent education providers and institutions,

  3  including home education programs, private K-12 institutions,

  4  independent colleges and universities except as otherwise

  5  provided in s. 229.0073(4)(c), and private postsecondary

  6  career preparation/vocational training institutions.

  7         (2)  The executive director of the division shall

  8  establish a mechanism for regular interaction and input from

  9  independent education providers in the development of policies

10  that provide seamless articulation for all students. The

11  executive director shall:

12         (a)  Learn the interests and concerns of the students

13  and providers of independent education at all levels in order

14  to strongly represent them in the Department of Education.

15         (b)  Articulate the interests and concerns of the

16  students and providers of independent education at all levels

17  in all relevant government settings, accurately reflecting the

18  consensus or differences in opinion among those represented.

19         (c)  Participate with the other division heads in key

20  education decisionmaking processes.

21         (d)  Monitor and participate in rulemaking and other

22  activities relevant to the interests of the independent

23  education sector.

24         (e)  Serve as a key spokesperson for the independent

25  education sector.

26         (f)  Advocate for any necessary educational services

27  and funds for independent education sector families and

28  schools.

29         (g)  Establish a clearinghouse of information.

30

31


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  1         (h)  Foster a collaborative spirit and working

  2  relationship among the institutions of the private and public

  3  sectors.

  4         (i)  Identify and convey the best practices of the

  5  independent education sector for the benefit of the other

  6  education delivery sectors, and vice versa.

  7         (j)  Augment, where appropriate, the efforts of groups

  8  representing the students and providers of independent

  9  education to communicate their concerns to government.

10         (k)  Facilitate the administration of education

11  services provided by the Department of Education to the

12  independent education sector, such as those relating to

13  teacher certification and background checks.

14         (l)  Encourage student-centered funding and the

15  expansion of family choice in education.

16         (m)  Develop and propose courses of action to the

17  representatives of the independent education sector.

18         (n)  Communicate relevant decisions to the independent

19  education sector.

20         (o)  Establish and oversee the division staff necessary

21  to carry out the division's functions in the most economical

22  and effective manner.

23         (p)  Evaluate pending policies to ensure they do not

24  place unnecessary regulation or mandates on the independent

25  education community.

26         (3)  The powers and duties of the State Board of

27  Independent Colleges and Universities and the State Board of

28  Nonpublic Career Education, except as relating to any

29  independent nonprofit college or university which is located

30  in and chartered by the state, is accredited by the Commission

31  on Colleges of the Southern Association of Colleges and


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  1  Schools, and grants baccalaureate degrees, shall be combined

  2  and transferred to a single board named the Commission for

  3  Independent Education, which shall be administratively housed

  4  within the division. This single board shall authorize

  5  granting of certificates, diplomas, and degrees for

  6  independent postsecondary education institutions through

  7  exemption, registration authorization, and licensing.

  8         (4)  The Commission for Independent Education shall

  9  consist of 10 citizens who are residents of this state, a

10  majority of whom represent independent postsecondary

11  educational institutions licensed, authorized, or exempt from

12  licensure by the Commission for Independent Education. Members

13  shall be selected from the state at large and shall be

14  appointed by the Governor and confirmed by the Senate. To be

15  consistent with an independent rulemaking commission, members,

16  except members appointed pursuant to paragraph (g), must be

17  employees, consultants, commission members, or trustees of an

18  independent postsecondary educational institution that is

19  licensed, authorized, or exempt from licensure by the

20  Commission for Independent Education and offers primarily

21  resident training. The commission shall consist of the

22  following members:

23         (a)  One member from a college or university licensed

24  or exempt from licensure by the commission and accredited by a

25  regional accrediting agency.

26         (b)  Two members from colleges or universities licensed

27  or exempt from licensure by the commission and accredited by a

28  national accrediting agency.

29         (c)  One member from a college or university authorized

30  pursuant to s. 246.085(1)(b) or a college or university issued

31  an authorization pursuant to s. 246.084.


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  1         (d)  Two members from a school licensed by the

  2  commission and accredited by a national accrediting agency.

  3         (e)  One member from a nonaccredited school that is

  4  licensed by the commission.

  5         (f)  One member from a college or university licensed

  6  or exempt from licensure by the commission, nationally or

  7  regionally accredited, and offering programs at both the

  8  degrees and nondegree levels.

  9         (g)  Two lay citizens of the state who are not

10  employees, consultants, commission members, or trustees of a

11  nonpublic postsecondary educational institution and who do not

12  derive any income from a nonpublic postsecondary educational

13  institution.

14

15  Accreditation of an institution under this subsection must be

16  institutional accreditation by a regional or national

17  accrediting agency recognized by the United States Department

18  of Education.

19         (5)  The Governor shall appoint the new members of the

20  commission to 3-year terms; however, for the initial

21  appointment in 2001, four members shall be appointed for 3

22  years, three members for 2 years, and three members for 1

23  year. The Governor shall make the initial appointments no

24  later than July 1, 2001.

25         (6)  The establishment of the Division of Independent

26  Education shall not be construed to advance the extension or

27  expansion of government regulation on independent or home

28  education programs.

29         Section 27.  Section 229.008, Florida Statutes, is

30  created to read:

31


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  1         229.008  Boards of trustees of the state

  2  universities.--

  3         (1)(a)  Effective July 1, 2001, and no later than

  4  November 1, 2001, the Governor shall appoint an 11-member

  5  board of trustees for each university in the State University

  6  System. The student body president shall serve as a voting

  7  member of the 11-member board of his or her university. The

  8  trustees shall be subject to confirmation by the Senate.

  9  Members of the boards of trustees shall receive no

10  compensation but may be reimbursed for travel and per diem

11  expenses as provided in s. 112.061.

12         (b)  The Governor may remove a trustee upon the

13  recommendation of the Florida Board of Education or for cause.

14         (2)  There shall be no state residency requirements for

15  members of university boards of trustees. For regional

16  universities defined in rule as having a service area of more

17  than three counties, no county shall have a majority of board

18  members, and every county where the university has a physical

19  presence must be represented on the board.

20         (3)  A board of trustees shall be a public body

21  corporate by the name of "The (name of university) Board of

22  Trustees," with all the powers of a body corporate, including

23  a corporate seal, the power to contract and be contracted

24  with, to sue and be sued, to plead and be impleaded in all

25  courts of law or equity, and to give and receive donations. In

26  all suits against a board of trustees, service of process

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

28  the chair, on the corporate secretary or designee.

29         (4)  Boards of trustees' members shall be appointed for

30  staggered 4-year terms, and may be reappointed for additional

31  terms not to exceed 8 years of service.


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  1         (5)  Each board of trustees shall select its chair and

  2  vice chair from the appointed members at its first regular

  3  meeting after July 1. The chair shall serve for 2 years and

  4  may be reselected for one additional consecutive term. The

  5  duties of the chair shall include presiding at all meetings of

  6  the board, calling special meetings of the board, attesting to

  7  actions of the board, and notifying the Governor in writing

  8  whenever a board member fails to attend three consecutive

  9  regular board meetings in any fiscal year, which failure may

10  be grounds for removal. The duty of the vice chair is to act

11  as chair during the absence or disability of the chair.

12         (6)  The university president shall serve as executive

13  officer and corporate secretary of the board of trustees and

14  shall be responsible to the board for all operations of the

15  university and for setting the agenda for meetings of the

16  board in consultation with the chair.

17         (7)  Upon appointment, each board of trustees shall

18  commence professional orientation, training, and board

19  development activities, and shall begin setting direction for

20  its university in keeping with accountability and performance

21  expectations of the seamless K-20 education system. In

22  preparation for the transition from operating as a state

23  agency to a body corporate employer without state agency

24  status on July 1, 2002, each board of trustees shall submit to

25  the Florida Board of Education action plans and timelines for

26  devolution of duties and responsibilities to the board of

27  trustees.

28         (8)  The boards of trustees shall be responsible for

29  cost-effective policy decisions appropriate to the

30  university's mission, the implementation and maintenance of

31  high-quality education programs within law and rules of the


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  1  Florida Board of Education, the measurement of performance,

  2  the reporting of information, and the provision of input

  3  regarding state policy, budgeting, and education standards.

  4         Section 28.  Section 229.0081, Florida Statutes, is

  5  created to read:

  6         229.0081  Powers and duties of university boards of

  7  trustees.--

  8         (1)  Notwithstanding the provisions of chapter 240,

  9  effective July 1, 2001, each university board of trustees is

10  vested with the authority to govern and set policy for its

11  university, as necessary to provide proper governance and

12  improvement of the university in accordance with law and with

13  rules of the Florida Board of Education. Each board of

14  trustees shall perform all duties assigned by law or by rule

15  of the Florida Board of Education or the Commissioner of

16  Education.

17         (2)  Notwithstanding the provisions of chapter 240,

18  effective July 1, 2001, each university board of trustees may

19  adopt rules and policies consistent with the university

20  mission, with law, and with rule of the Florida Board of

21  Education, including rules and policies for the following:

22         (a)  Selecting the president to serve at the pleasure

23  of the board and perform such duties as are assigned by the

24  board or otherwise provided by law or by rule.

25         (b)  Fixing the compensation and other conditions of

26  employment of the president.

27         (c)  Conducting periodic evaluations of the president,

28  submitting such evaluations to the Chancellor for review, and

29  suspending or removing the president in accordance with

30  guidelines established by the Chancellor.

31


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  1         (d)  Appointing a presidential search committee to make

  2  recommendations to the full board of trustees, from which the

  3  board shall select a candidate for reference to the Chancellor

  4  and ratification by the Florida Board of Education.

  5         (e)  In consultation with the university president,

  6  defining and developing a strategic plan for the university

  7  for recommendation to the Chancellor, the Commissioner of

  8  Education, and the Florida Board of Education, as provided by

  9  law, specifying institutional goals and objectives.

10         (f)  In consultation with the university president,

11  providing for academic freedom and academic responsibility at

12  the university.

13         (g)  In consultation with the university president,

14  submitting an institutional budget request, including a

15  request for fixed capital outlay, to the Chancellor in

16  accordance with guidelines established by the Florida Board of

17  Education.

18         (h)  Approving new, and terminating existing,

19  undergraduate and graduate degree programs up to and including

20  the master's degree level, based on criteria established by

21  the Florida Board of Education.

22         (i)  Purchasing, acquiring, receiving, holding, owning,

23  managing, leasing, selling, disposing of, and conveying title

24  to real property, in accordance with rules and guidelines of

25  the Florida Board of Education.

26         (j)  Entering into agreements for and accepting credit

27  card, charge card, and debit card payments as compensation for

28  goods, services, tuition, and fees.

29         (k)  Establishing codes of conduct and appropriate

30  penalties for violations of university rules by students and

31


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  1  student organizations, including rules governing student

  2  academic honesty.

  3         (l)  Establishing a committee, at least one-half of the

  4  members of which shall be students appointed by the student

  5  body president, to periodically review and evaluate the

  6  student judicial system.

  7         (m)  Establishing the personnel program for all

  8  employees of the university in accordance with law, including:

  9  compensation and other conditions of employment, recruitment

10  and selection, nonreappointment, standards for performance and

11  conduct, evaluation, benefits and hours of work, recognition,

12  inventions and works, travel, learning opportunities, academic

13  freedom and responsibility, promotion, assignment, demotion,

14  transfer, tenure and permanent status, ethical obligations and

15  conflicts of interest, restrictive covenants, disciplinary

16  actions, complaints, appeals and grievance procedures, and

17  separation and termination from employment.

18         (n)  Establishing and maintaining a personnel exchange

19  program.

20         (o)  Governing admission of students subject to the

21  rules of the Florida Board of Education.

22         (p)  Considering the past actions of any person

23  applying for admission, enrollment, or employment, and

24  establishing policies to deny admission, enrollment, or

25  employment to an applicant because of misconduct if determined

26  to be in the best interest of the university.

27         (q)  Ensuring compliance with federal laws,

28  regulations, and requirements.

29         (r)  Using, maintaining, protecting, and controlling

30  university-owned or university-controlled buildings and

31  grounds, property and equipment, name, trademarks and other


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  1  proprietary marks, and the financial and other resources of

  2  the university. Such authority may include placing

  3  restrictions on activities and on access to facilities,

  4  firearms, food, tobacco, alcoholic beverages, distribution of

  5  printed materials, human subjects, animals, and sound.

  6         (s)  Assuring that any challenge grant program, to be

  7  matched with state funds, is consistent with the mission of

  8  each institution, as approved by the Florida Board of

  9  Education pursuant to s. 299.0061. The board of trustees must

10  also approve state matching funds for private contributions

11  consistent with that mission.

12         (t)  Establishing a procurement program for the

13  purchase, lease, or acquisition in any manner (including

14  purchase by installment or lease-purchase contract which may

15  provide for the payment of interest on the unpaid portion of

16  the purchase price and for the granting of a security interest

17  in the items purchased) of goods, materials, equipment, and

18  services required by the university.

19         (u)  Supervising faculty practice plans for the

20  academic health science centers.

21         (v) Establishing policies for the procurement and use

22  of information resources and technology, including but not

23  limited to, information systems, communications systems,

24  computer hardware and software, and networks.

25         (3)  Each board of trustees shall actively implement a

26  plan, in accordance with guidelines of the Florida Board of

27  Education, for working on a regular basis with the other

28  university boards of trustees, representatives of the

29  community college boards of trustees, and representatives of

30  the district school boards, to achieve the goals of the

31  seamless education system.


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  1         (4)  Notwithstanding the provisions of s. 216.351(1), a

  2  state university board of trustees may authorize the rent or

  3  lease of parking facilities, provided that such facilities are

  4  funded through parking fees or parking fines imposed by a

  5  university. A board of trustees may authorize a university to

  6  charge fees for parking at such rented or leased parking

  7  facilities.

  8         (5)  Effective July 1, 2002, within proviso in the

  9  General Appropriations Act and law, each board of trustees

10  shall set university matriculation fees, tuition, and other

11  fees. The matriculation fees and tuition level set by the

12  Board of Trustees shall vary from the standard tuition,

13  established in the annual General Appropriations Act, by no

14  more than 10 percent below or 15 percent above the standard.

15         (6)  Effective July 1, 2002, each board of trustees

16  shall implement the university facilities plan in accordance

17  with law and guidelines of the Commissioner of Education's

18  Office of Educational Facilities and SMART Schools

19  Clearinghouse.

20         (7)  A board of trustees shall perform such other

21  duties as are provided by law or rule of the Florida Board of

22  Education.

23         (8)  Establish policies relating to credit and

24  noncredit educational offerings by the university, subject to

25  guidelines of the Florida Board of Education.

26         Section 29.  Section 229.0082, Florida Statutes, is

27  created to read:

28         229.0082  University presidents; powers and

29  duties.--The president is the chief executive officer of the

30  university, shall be corporate secretary of the state

31  university board of trustees, and is responsible for the


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  1  operation and administration of the university. Each

  2  university president shall:

  3         (1)  Recommend the adoption of rules, as appropriate,

  4  to the state university board of trustees to implement

  5  provisions of law governing the operation and administration

  6  of the university, which shall include the specific powers and

  7  duties enumerated in this section. Such rules shall be

  8  consistent with the mission of the university and the rules

  9  and policies of the Florida Board of Education.

10         (2)  Prepare a budget request and an operating budget

11  for approval by the university board of trustees.

12         (3)  Establish and implement policies and procedures to

13  recruit, appoint, transfer, promote, compensate, evaluate,

14  reward, demote, discipline, and remove personnel, within law

15  and rules of the Florida Board of Education and in accordance

16  with rules or policies approved by the university board of

17  trustees.

18         (4)  Govern admissions, subject to law and rules or

19  policies of the university board of trustees and the Florida

20  Board of Education.

21         (5)  Approve, execute, and administer contracts for and

22  on behalf of the university board of trustees for the

23  acquisition of commodities, goods, equipment, services, leases

24  of real and personal property, and planning and construction

25  to be rendered to or by the university, provided such

26  contracts are within law and guidelines of the Florida Board

27  of Education and in conformance with policies of the

28  university board of trustees, and are for the implementation

29  of approved programs of the university.

30         (6)  Act for the university board of trustees as

31  custodian of all university property. The authority vested in


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  1  the university president under this subsection includes the

  2  authority to prioritize the use of university space, property,

  3  equipment, and resources and the authority to impose charges

  4  for the use of those items.

  5         (7)  Establish the internal academic calendar of the

  6  university within general guidelines of the Florida Board of

  7  Education.

  8         (8)  Administer the university's program of

  9  intercollegiate athletics.

10         (9)  Recommend to the board of trustees the

11  establishment and termination of undergraduate and master's

12  level degree programs within the approved role and scope of

13  the university.

14         (10)  Award degrees.

15         (11)  Recommend to the board of trustees a schedule of

16  matriculation fees, tuition, and other fees to be charged by

17  the university, within law and rules of the Florida Board of

18  Education.

19         (12)  Organize the university to efficiently and

20  effectively achieve the goals of the university.

21         (13)  Review periodically the operations of the

22  university in order to determine how effectively and

23  efficiently the university is being administered and whether

24  it is meeting the goals of its strategic plan adopted by the

25  Florida Board of Education.

26         (14)  Enter into agreements for student exchange

27  programs which involve students at the university and students

28  in other institutions of higher learning.

29         (15)  Approve the internal procedures of student

30  government organizations and provide purchasing, contracting,

31  and budgetary review processes for these organizations.


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  1         (16)  Ensure compliance with federal and state laws,

  2  regulations, and other requirements that are applicable to the

  3  university.

  4         (17)  Maintain all data and information pertaining to

  5  the operation of the university, and report on the attainment

  6  by the university of institutional and statewide performance

  7  accountability goals.

  8         (18)  Each university president has the authority to

  9  adjust property records and dispose of state-owned tangible

10  personal property in the university's custody in accordance

11  with procedures established by the university board of

12  trustees. Notwithstanding the provisions of s. 273.055(5), all

13  moneys received from the disposition of state-owned tangible

14  personal property shall be retained by the university and

15  disbursed for the acquisition of tangible personal property

16  and for all necessary operating expenditures. The university

17  shall maintain records of the accounts into which such moneys

18  are deposited.

19         Section 30.  (1)  Notwithstanding any provision of law

20  to the contrary, effective July 1, 2001, the Florida

21  Partnership for School Readiness is transferred by a type two

22  transfer, pursuant to section 20.06(2), Florida Statutes, from

23  the Executive Office of the Governor to the Agency for

24  Workforce Innovation.

25         (2)  Notwithstanding any provision of law to the

26  contrary, effective July 1, 2001, the child care executive

27  partnership program; the child care resource and referral

28  program; and the subsidized child care program including

29  statewide staff as referenced in the interagency agreement

30  between the Department of Children and Family Services and the

31  Florida Partnership for School Readiness signed on March 15,


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  1  2001, shall be transferred by a type two transfer, pursuant to

  2  section 20.06(2), Florida Statutes, to the Agency for

  3  Workforce Innovation.

  4         (3)  Notwithstanding any provision of law to the

  5  contrary, effective July 1, 2001, prekindergarten,migrant

  6  prekindergarten, and Florida First Start programs including

  7  statewide staff as referenced in the interagency agreement

  8  between the Department of Education and the Florida

  9  Partnership for School Readiness shall be transferred by a

10  type two transfer, pursuant to section 20.06(2), Florida

11  Statutes, to the Agency for Workforce Innovation.

12         (4)  The Agency for Workforce Innovation shall prepare

13  a plan that provides for the distribution and expenditure of

14  all school readiness funds.  The plan shall be submitted to

15  the Governor and the Legislative Budget Commission.  Upon

16  approval, the Legislative Budget Commission shall authorize

17  the transfer of funds to the Agency for Workforce Innovation

18  for distribution in accordance with the provisions of the

19  School Readiness Act.

20         Section 31.  Section 229.0084, Florida Statutes, is

21  created to read:

22         229.0084  Legislative findings and intent.--It is the

23  finding of the Legislature that student achievement, from

24  kindergarten through graduate school, is dependent upon a

25  number of factors, including the quality of schools, the

26  quality of instruction, and the personal efforts and

27  responsibilities of the students and their parents. Nothing

28  contained in Florida law shall make the state or local school

29  districts the guarantors that students will fully avail

30  themselves of the opportunities provided them to attain high

31  academic achievement.


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  1         Section 32.  Section 228.082, Florida Statutes, is

  2  amended to read:

  3         228.082  The Florida Virtual On-Line High School.--

  4         (1)(a)  The Florida Virtual On-Line High School is

  5  established for the development and delivery of on-line and

  6  distance learning education and shall be administratively

  7  housed within the Commissioner of Education's Office of

  8  Technology and Information Services. The Commissioner of

  9  Education shall monitor the school's performance and report

10  its performance to the Florida Board of Education and the

11  Legislature.

12         (b)  The mission of the Florida Virtual High School is

13  to provide students with high-quality technology-based

14  educational opportunities to gain the knowledge and skills

15  necessary to succeed in the 21st century. The school shall

16  serve any student in the state who meets the profile for

17  success in this educational delivery context and shall give

18  priority to:

19         1.  Students who need expanded access to courses in

20  order to meet their educational goals, such as home education

21  students and students in inner-city and rural high schools who

22  do not have access to higher-level courses.

23         2.  Students seeking accelerated access in order to

24  obtain a high school diploma at least one semester early.

25

26  The board of trustees of the Florida Virtual High School shall

27  identify appropriate performance measures and standards based

28  on student achievement that reflect the school's statutory

29  mission and priorities, and shall implement an accountability

30  system for the school that includes assessment of its

31  effectiveness and efficiency in providing quality services


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    CS for CS for SB 2108                          First Engrossed



  1  that encourage high student achievement, seamless

  2  articulation, and maximum access.

  3         (2)  The Florida Virtual On-Line High School shall be

  4  governed by a board of trustees comprised of seven members

  5  appointed by the Governor to 4-year staggered terms, one of

  6  whom shall be the current chair of the Florida High School

  7  Advisory Board and one of whom shall be a representative of

  8  the fiscal agent, and one of whom shall be the Chief

  9  Information Officer or his designee from the State Technology

10  Office pursuant to ch. 2000-164, Laws of Florida. The board

11  shall be a public agency entitled to sovereign immunity

12  pursuant to s. 768.28, and board members shall be public

13  officers who shall bear fiduciary responsibility for the

14  Florida Virtual On-Line High School. The board of trustees

15  shall have the following powers and duties:

16         (a)1.  The board of trustees shall meet within 30 days

17  of July 1, 2000, and shall continue to meet at least 4 times

18  each year, upon the call of the chair, or at the request of a

19  majority of the membership.

20         (b)  Until not more than 60 days after the initial

21  meeting of the board, the current governance structure of the

22  Florida On-Line High School shall be maintained.

23         2.(c)  The fiscal year for the Florida Virtual On-Line

24  High School shall be the state fiscal year as provided in s.

25  216.011(1)(n).

26         (b)  The board of trustees shall be responsible for the

27  Florida Virtual High School's development of a

28  state-of-the-art technology-based education delivery system

29  that is cost-effective, educationally sound, marketable, and

30  capable of sustaining a self-sufficient delivery system

31  through the Florida Education Finance Program, by fiscal year


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    CS for CS for SB 2108                          First Engrossed



  1  2003-2004. Beginning in fiscal year 2002-2003, the school

  2  shall collect FTE for home-schooled students.

  3         (c)(d)  The board of trustees shall aggressively seek

  4  avenues to generate revenue to support its future endeavors,

  5  and shall enter into agreements with distance learning

  6  providers. The board of trustees and may acquire, enjoy, use,

  7  and dispose of patents, copyrights, and trademarks and any

  8  licenses and other rights or interests thereunder or therein.

  9  Ownership of all such patents, copyrights, trademarks,

10  licenses, and rights or interests thereunder or therein shall

11  vest in the state, with the board having full right of use and

12  full right to retain the revenues derived therefrom. Any funds

13  realized from patents, copyrights, trademarks, or licenses

14  shall be used to support the school's research and development

15  activities in order to improve courseware and services to its

16  students.

17         (d)(e)  The board of trustees shall annually prepare

18  and submit to the Florida Board of Education a legislative

19  budget request, including funding requests for computers for

20  public school students who do not have access to public school

21  computers, in accordance with chapter 216 and s. 235.41. The

22  legislative budget request of the Florida Virtual On-Line High

23  School shall be prepared using the same format, procedures,

24  and timelines required for the submission of the legislative

25  budget of the Department of Education.

26         (e)(f)  In accordance with law and rules of the Florida

27  Board of Education, the board of trustees shall administer and

28  maintain personnel programs for all employees of the board of

29  trustees and the Florida Virtual On-Line High School. The

30  board of trustees may adopt rules, policies, and procedures

31


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    CS for CS for SB 2108                          First Engrossed



  1  related to the appointment, employment, and removal of

  2  personnel.

  3         1.  The board of trustees shall determine the

  4  compensation, including salaries and fringe benefits, and

  5  other conditions of employment for such personnel.

  6         2.  The board of trustees may establish and maintain a

  7  personnel loan or exchange program by which persons employed

  8  by the board for the Florida Virtual On-Line High School as

  9  academic administrative and instructional staff may be loaned

10  to, or exchanged with persons employed in like capacities by,

11  public agencies either within or without this state, or by

12  private industry. With respect to public agency employees, the

13  program authorized by this subparagraph shall be consistent

14  with the requirements of part II of chapter 112. The salary

15  and benefits of board personnel participating in the loan or

16  exchange program shall be continued during the period of time

17  they participate in a loan or exchange program, and such

18  personnel shall be deemed to have no break in creditable or

19  continuous service or employment during such time. The salary

20  and benefits of persons participating in the personnel loan or

21  exchange program who are employed by public agencies or

22  private industry shall be paid by the originating employers of

23  those participants, and such personnel shall be deemed to have

24  no break in creditable or continuous service or employment

25  during such time.

26         3.  The employment of all Florida Virtual On-Line High

27  School academic administrative and instructional personnel

28  shall be subject to rejection for cause by the board of

29  trustees, and shall be subject to policies of the board of

30  trustees relative to certification, tenure, leaves of absence,

31  sabbaticals, remuneration, and such other conditions of


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    CS for CS for SB 2108                          First Engrossed



  1  employment as the board deems necessary and proper, not

  2  inconsistent with law.

  3         4.  Each person employed by the board of trustees in an

  4  academic administrative or instructional capacity with the

  5  Florida Virtual On-Line High School shall be entitled to a

  6  contract as provided by rules of the board.

  7         5.  All employees except temporary, seasonal, and

  8  student employees may be state employees for the purpose of

  9  being eligible to participate in the Florida Retirement System

10  and receive benefits. The classification and pay plan,

11  including terminal leave and other benefits, and any

12  amendments thereto, shall be subject to review and approval by

13  the Department of Management Services and the Executive Office

14  of the Governor prior to adoption. In the event that the board

15  of trustees assumes responsibility for governance pursuant to

16  this section before approval is obtained, employees shall be

17  compensated pursuant to the system in effect for the employees

18  of the fiscal agent.

19         (f)(g)  The board of trustees shall establish

20  priorities for admission of students in accordance with

21  paragraph (1)(b).

22         (g)(h)  The board of trustees shall establish and

23  distribute to all school districts and high schools in the

24  state procedures for enrollment of students into courses

25  offered by the Florida Virtual On-Line High School. Such

26  procedures shall be designed to minimize paperwork and fairly

27  resolve the issue of double funding students taking courses

28  online maximize participation by students.

29         (h)(i)  The board of trustees shall annually submit to

30  the Florida Board Department of Education both forecasted and

31  actual enrollments for the Florida Virtual On-Line High


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  1  School, according to procedures established by the Florida

  2  Board Department of Education. At a minimum, such procedures

  3  must include the number of public, private, and home school

  4  students served by district.

  5         (i)(j)  The board of trustees shall provide for the

  6  content and custody of student and employee personnel records.

  7  Student records shall be subject to the provisions of s.

  8  228.093. Employee records shall be subject to the provisions

  9  of s. 231.291.

10         (j)(k)  The financial records and accounts of the

11  Florida Virtual On-Line High School shall be maintained under

12  the direction of the board of trustees and under regulations

13  prescribed by the Florida State Board of Education for the

14  uniform system of financial records and accounts for the

15  schools of the state.

16

17  The Governor shall designate the initial chair of the board of

18  trustees to serve a term of 4 years. Members of the board of

19  trustees shall serve without compensation, but may be

20  reimbursed for per diem and travel expenses pursuant to s.

21  112.061. The board of trustees shall be a body corporate with

22  all the powers of a body corporate and such authority as is

23  needed for the proper operation and improvement of the Florida

24  Virtual On-Line High School. The board of trustees is

25  specifically authorized to adopt rules, policies, and

26  procedures, consistent with law and rules of the Florida Board

27  of Education related to governance, personnel, budget and

28  finance, administration, programs, curriculum and instruction,

29  travel and purchasing, technology, students, contracts and

30  grants, and property as necessary for optimal, efficient

31  operation of the Florida Virtual On-Line High School. Tangible


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    CS for CS for SB 2108                          First Engrossed



  1  personal property owned by the board of trustees shall be

  2  subject to the provisions of chapter 273.

  3         (3)(a)  Until fiscal year 2003-2004, the Commissioner

  4  of Education shall include the Florida Virtual On-Line High

  5  School as a grant-in-aid appropriation in the department's

  6  legislative budget request to the Florida State Board of

  7  Education, the Governor, and the Legislature,.

  8         (a)  subject to any guidelines imposed in the General

  9  Appropriations Act, funds for the operation of the Florida

10  On-Line High School shall be requested and appropriated within

11  the Department of Education as a grant-in-aid category until

12  such time as the Legislature authorizes a different funding

13  mechanism.

14         (b)  The Orange County District School Board shall be

15  the temporary fiscal agent of the Florida Virtual On-Line High

16  School.

17         (c)  Priorities for the delivery of services by the

18  Florida On-Line High School shall ensure that priority access

19  is provided equitably across the state.

20         (4)  Under no circumstance may the credit of the state

21  be pledged on behalf of the Florida Virtual On-Line High

22  School.

23         (5)  By January 1, 2001, The board of trustees shall

24  annually submit to the Governor, the Legislature, the

25  Commissioner of Education, and the Florida Board of Education

26  Reorganization Transition Commission a complete and detailed

27  report setting forth:

28         (a)  The operations and accomplishments of the Florida

29  Virtual On-Line High School.

30         (b)  The marketing and operational plan for the Florida

31  Virtual On-Line High School, including recommendations


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    CS for CS for SB 2108                          First Engrossed



  1  regarding methods for improving the delivery of education

  2  through the Internet and other distance learning technology.

  3         (c)  The assets and liabilities of the Florida Virtual

  4  On-Line High School at the end of the fiscal year.

  5         (d)  A copy of an annual financial and compliance audit

  6  of the accounts and records of the Florida Virtual On-Line

  7  High School, conducted by an independent certified public

  8  accountant and performed in accordance with rules adopted by

  9  the Auditor General.

10         (e)  Recommendations regarding the unit cost of

11  providing services to students. In order to most effectively

12  develop public policy regarding any future funding of the

13  Florida Virtual On-Line High School, it is imperative that the

14  cost of the program is accurately identified. The identified

15  cost of the program must be based on reliable data and reflect

16  the costs associated with maintaining a state-of-the-art

17  on-line high school, including the costs associated with

18  maintaining a high-quality research and development effort to

19  locate and assimilate, or develop, Internet-based courses.

20         (f)  Recommendations regarding an accountability

21  mechanism to assess the effectiveness of the services provided

22  by the Florida Virtual On-Line High School.

23         (6)  The Auditor General may, pursuant to his or her

24  own authority, or at the direction of the Joint Legislative

25  Auditing Committee, conduct an audit of the Florida Virtual

26  On-Line High School.

27         (7)  The Florida State Board of Education may adopt

28  rules it deems necessary to implement reporting requirements

29  for the Florida Virtual On-Line High School.

30         Section 33.  The Department of Education shall maximize

31  the available federal indirect cost allowed on all federal


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    CS for CS for SB 2108                          First Engrossed



  1  grants. Effective with fiscal year 2001-2002, the Division of

  2  Public Schools and the state's public colleges and

  3  universities shall provide a report by December 15 of each

  4  year to the Governor, the President of the Senate, and the

  5  Speaker of the House of Representatives that addresses the

  6  expenditures of the indirect overhead. The report shall be in

  7  a format to support the legislative appropriations process

  8  and, at a minimum, shall include expenditure summaries by

  9  revenue source and specific purpose.

10         Section 34.  Effective June 30, 2002, section 229.8065,

11  Florida Statutes, is repealed.

12         Section 35.  Effective June 30, 2002, subsection (2) of

13  section 229.085, Florida Statutes, is amended to read:

14         229.085  Custody of educational funds.--

15         (2)  There is created in the Department of Education

16  the Projects, Contracts, and Grants Trust Fund. If, in

17  executing the terms of such grants or contracts for specific

18  projects, the employment of personnel shall be required, such

19  personnel shall not be subject to the requirements of s.

20  216.262(1)(a). The personnel employed to plan and administer

21  such projects shall be considered in time-limited employment

22  not to exceed the duration of the grant or until completion of

23  the project, whichever first occurs.  Such employees shall not

24  acquire retention rights under the Career Service System, the

25  provisions of s. 110.051(1) to the contrary notwithstanding.

26  Any employee holding permanent career service status in a

27  Department of Education position who is appointed to a

28  position under the Projects, Contracts, and Grants Trust Fund

29  shall retain such permanent status in the career service

30  position.

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  1         Section 36.  Subsections (2), (4), and (5), paragraphs

  2  (b), (c), and (d) of subsection (1), and paragraphs (a), (c),

  3  (d), and (e) of subsection (3) of section 235.217, Florida

  4  Statutes, are repealed.

  5         Section 37.  Sections 240.145, 240.147, 240.205,

  6  240.227, 240.307, subsection (2) of section 240.209, and

  7  subsection (4) of section 240.311, Florida Statutes, are

  8  repealed.

  9         Section 38.  Except as otherwise provided in this act,

10  this act shall take effect upon becoming a law.

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