Senate Bill sb0986e1

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  1                      A bill to be entitled

  2         An act relating to postsecondary education;

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

  4         legislative intent; providing a process for

  5         authorizing community colleges to offer

  6         baccalaureate degree programs; amending s.

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

  8         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; providing an

13         effective date.

14  

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

16  

17         Section 1.  Section 240.3836, Florida Statutes, is

18  amended to read:

19         240.3836  Site-determined baccalaureate degree access

20  program; funding.--

21         (1)  The Legislature recognizes that public and private

22  postsecondary education institutions play essential roles in

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

24  state and its residents. The Legislature also recognizes that

25  economic development needs and the educational needs of

26  place-bound, nontraditional students have increased the demand

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

28  but not all, geographic regions, baccalaureate degree programs

29  are being delivered successfully at the local community

30  college through agreements between the community college and

31  4-year postsecondary institutions within or outside of the


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

  2  further expand access to baccalaureate degree programs through

  3  the use of community colleges apply this concept in the

  4  creation and funding of a program that supports local economic

  5  development and responds to public demand for increased access

  6  to baccalaureate degrees in areas of the state that are

  7  underserved by 4-year institutions.

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

  9  Board of Education to offer a limited number of baccalaureate

10  degrees designed to meet local workforce needs through one of

11  the following processes:

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

13  agreement with the state university in its service area for

14  the community college to deliver specified baccalaureate

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

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

17  include the following information:

18         1.  Demand for the baccalaureate degree program is

19  identified by the workforce development board, local

20  businesses and industry, local chambers of commerce, and

21  potential students.

22         2.  Unmet need for graduates of the proposed degree

23  program is substantiated.

24         3.  The community college has the facilities and

25  academic resources to deliver the program.

26  

27  The proposal must be submitted to the Postsecondary Education

28  Planning Commission for review and comment. Upon approval of

29  the State Board of Education for the specific degree program

30  or programs, the college shall pursue regional accreditation

31  by the Commission on Colleges of the Southern Association of


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  1  Colleges and Schools. Any additional baccalaureate degree

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

  3  State Board of Education.

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

  5  deliver specified baccalaureate degree programs in its

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

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

  8  the following information:

  9         1.  Demand for the baccalaureate degree program is

10  identified by the workforce development board, local

11  businesses and industry, local chambers of commerce, and

12  potential students.

13         2.  Unmet need for graduates of the proposed degree

14  program is substantiated.

15         3.  The community college has the facilities and

16  academic resources to deliver the program.

17  

18  The proposal must be submitted to the Postsecondary Education

19  Planning Commission for review and comment. Upon approval of

20  the State Board of Education for the specific degree program

21  or programs, the college shall pursue regional accreditation

22  by the Commission on Colleges of the Southern Association of

23  Colleges and Schools. Any additional baccalaureate degree

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

25  State Board of Education.

26         (3)  A community college may not terminate its

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

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

29  Legislature intends that the primary mission of a community

30  college, including a college that offers baccalaureate-degree

31  


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  1  programs, continues to be the provision of associate degrees

  2  that provide access to a university.

  3         (2)  Categorical funding is authorized for the

  4  site-determined baccalaureate degree access program created by

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

  6  construction, renovation, or remodeling of facilities. This

  7  program is voluntary and does not preclude other mutually

  8  agreed upon arrangements between community colleges and 4-year

  9  institutions for the delivery of baccalaureate degrees on

10  community college sites.

11         (3)  Each community college wishing to participate in

12  the site-determined baccalaureate degree access program must:

13         (a)  Identify baccalaureate degree programs that are

14  not currently offered at the community college but are

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

16  economic development needs of one or more communities within

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

18  college should seek input from the appropriate chamber of

19  commerce, workforce development council, and other civic and

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

21  development" means entrepreneurial efforts, the attraction of

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

23  existing business and industry.

24         (b)  Determine the number of students interested in

25  pursuing each proposed baccalaureate degree program and

26  identify the enrollment patterns, any special characteristics

27  of those students, and any unique combination or modification

28  of course offerings that may be necessary to meet student

29  enrollment needs.

30         (c)  Submit a proposal to the Postsecondary Education

31  Planning Commission requesting validation of the need for the


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  1  proposed baccalaureate degree program and tentative approval

  2  for program funding. The proposal must include:

  3         1.  A description of each proposed baccalaureate degree

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

  5  to be offered and designating whether the program should be

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

  7         2.  Evidence that local occupational forecasts support

  8  the existence of jobs for graduates of the proposed

  9  baccalaureate degree programs.

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

11  each proposed degree program.

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

13  facilities are sufficient to meet the additional demands for

14  classroom and laboratory space for the proposed degree

15  programs.

16         5.  Evidence that the college has requested the

17  participation of no fewer than three regionally accredited

18  4-year postsecondary institutions, including at least one

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

20  State University System and any independent, regionally

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

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

23  site-determined baccalaureate degree access program at any

24  community college.

25         6.  A tentative agreement between the community college

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

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

28         7.  Any additional provisions that the Postsecondary

29  Education Planning Commission considers pertinent to the

30  proposal.

31  


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  1         (4)  The Postsecondary Education Planning Commission,

  2  after soliciting comments from the Board of Regents and the

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

  4  each baccalaureate degree program proposed for delivery

  5  according to this section and shall notify the community

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

  7  commission shall establish procedures for the timely

  8  submission, review, and approval of the proposals and

  9  agreements required by this section. These procedures must be

10  designed to allow the initiation of approved baccalaureate

11  degree programs at least 3 times each fiscal year.

12         (5)  Once the Postsecondary Education Planning

13  Commission validates the need for the proposed baccalaureate

14  degree program and notifies the community college that its

15  proposal has been approved, the community college shall

16  finalize an agreement with the regionally accredited, public

17  or nonpublic, 4-year postsecondary institution selected to

18  provide the upper-level instructional services in the approved

19  baccalaureate degree program. The commission shall identify

20  the common aspects that each agreement must address,

21  including, but not limited to:

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

23  enrollment patterns and characteristics included in the

24  approved proposal.

25         (b)  An articulation provision that guarantees

26  acceptance of students who hold an associate in arts or

27  associate in science degree and satisfy any other

28  prerequisites for admission to the specific baccalaureate

29  degree program.

30         (c)  The provision of library services and student

31  support services.


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

  2  postsecondary institution will continue offering instructional

  3  services at least until all qualified members of the initial

  4  group of students have had an opportunity to complete the

  5  degree program.

  6         (e)  The specific and measurable performance criteria

  7  that the Postsecondary Education Planning Commission may use

  8  to evaluate the outcomes and outputs of the baccalaureate

  9  degree program within an identified timeframe.

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

11  degree program will not exceed the matriculation fee for the

12  State University System unless the proposal approved by the

13  Postsecondary Education Planning Commission allows the

14  participating institutions to charge differentiated tuition

15  and fees to encourage student attendance and participation.

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

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

18  baccalaureate degree program may not receive a Florida

19  Resident Access Grant.

20         (6)  Each participating community college must submit

21  the agreement required by this section to the Postsecondary

22  Education Planning Commission for review and final approval

23  before initiating an approved site-determined baccalaureate

24  degree access program. Subject to the availability of

25  legislative appropriations specifically provided for this

26  purpose, the Postsecondary Education Planning Commission must

27  recommend to the Commissioner of Education the total funds to

28  be released to each participating community college for the

29  initiation of the approved site-determined baccalaureate

30  degree access program. The community college shall distribute

31  funds to the participating 4-year postsecondary institution at


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  1  the rate specified in the approved agreement. The

  2  Postsecondary Education Planning Commission shall not

  3  recommend the release of funding for any program that is

  4  terminated before or after the evaluation required by this

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

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

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

  8  otherwise provided in an appropriations act, the funding per

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

10  excluding student fees, appropriated to the State University

11  System for each full-time equivalent student enrolled in

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

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

14  state funding for the 4-year institution.

15         (7)  The Postsecondary Education Planning Commission

16  may require the participating community colleges and 4-year

17  postsecondary institutions to submit information necessary to

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

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

20  baccalaureate degree access program, the commission shall

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

22  the Legislature a progress report, including an evaluation of

23  the funding mechanism created by this section. The commission

24  shall review each site-determined baccalaureate degree access

25  program funded under this section to ascertain whether the

26  performance measures specified in the agreement between the

27  participating community college and the 4-year institution

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

29  initiation unless a shorter timeframe is specified in the

30  agreement. The performance measures must include the student

31  graduation rate, the employment rate of program graduates both


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  1  within and outside the community college service area, the

  2  continuing need to offer the specific baccalaureate degree

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

  4  information as the Postsecondary Education Planning Commission

  5  may determine necessary for program and performance

  6  evaluation. Based on its evaluation, the commission shall

  7  either approve continuation of the program, require

  8  modifications prior to program approval, or recommend that the

  9  participating institutions terminate the program after all

10  qualified members of the initial group of students have an

11  opportunity to complete the degree program. The commission

12  must submit to the Commissioner of Education for inclusion in

13  the legislative budget a request for funding for approved

14  site-determined baccalaureate degree access programs.

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

16  provide a baccalaureate degree program approved by the

17  Postsecondary Education Planning Commission under this

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

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

20  degree program. If the commission is satisfied that the

21  community college should offer the degree program, it shall

22  recommend to the Legislature the enactment of statutory

23  authority for the community college to offer that specific

24  baccalaureate degree program.

25         Section 2.  Effective July 1, 2001, subsection (5) of

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

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

28         240.2011  State University System defined.--The State

29  University System shall consist of the following:

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

31  campus located in Hillsborough County and two fiscally


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  1  autonomous campuses, one in Pinellas County, named the

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

  3  named the University of South Florida Sarasota/Manatee.

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

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

  6  college of the state of Florida.

  7         Section 3.  Section 240.527, Florida Statutes, is

  8  amended to read:

  9         (Substantial rewording of section. See

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

11         240.527 The University of South Florida St.

12  Petersburg.--

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

14  South Florida is established and shall be known as the

15  "University of South Florida St. Petersburg."

16         (a)  The Legislature intends that the University of

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

18  separate organizational and budget entity of the University of

19  South Florida, and that all legislative appropriations for the

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

21  separate line items in the annual General Appropriations Act.

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

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

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

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

26  South Florida shall begin the process of application to the

27  Commission on Colleges of the Southern Association of Colleges

28  and Schools for separate accreditation of the University of

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

30  approved or is provisionally approved, the University of South

31  


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  1  Florida shall correct any identified deficiencies and shall

  2  continue to work for accreditation.

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

  4  Florida shall appoint to the Campus Board, from

  5  recommendations of the President of the University of South

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

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

  8  University of South Florida, the board shall appoint that

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

10  more than one Pinellas County resident is appointed to the

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

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

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

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

15         (a)  Review and approve an annual legislative budget

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

17  Campus Executive Officer shall prepare the legislative budget

18  request in accordance with guidelines established by the

19  Florida Board of Education. This request must include items

20  for campus operations and fixed capital outlay.

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

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

23  the University of South Florida.  The campus operating budget

24  must reflect the actual funding available to that campus from

25  separate line-item appropriations contained in each annual

26  General Appropriations Act, which line-item appropriations

27  must initially reflect the funds reported to the Florida

28  Legislature for the University of South Florida St. Petersburg

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

30  provided in the fiscal year 2001-2002 legislative

31  appropriation.


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  1         (c)  Enter into central support services contracts with

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

  3  any services that the St. Petersburg campus cannot provide

  4  more economically, including payroll processing, accounting,

  5  technology, construction administration, and other desired

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

  7  provided by a central services contract with the university.

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

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

10  allocation or sharing of student fee revenue between the

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

12  Petersburg campus.

13  

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

15  lawfully delegate other powers and duties to the Campus Board

16  for the efficient operation and improvement of the campus and

17  for the purpose of vesting in the campus the attributes

18  necessary to meet the requirements for separate accreditation

19  by the Southern Association of Colleges and Schools.

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

21  shall be administered by a Campus Executive Officer who shall

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

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

24  President shall consult with the Campus Board before hiring or

25  terminating the Campus Executive Officer. The Campus Executive

26  Officer has authority and responsibility as provided in law,

27  including the authority to:

28         (a)  Administer campus operations within the annual

29  operating budget as approved by the Campus Board.

30  

31  


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  1         (b)  Recommend to the Campus Board an annual

  2  legislative budget request that includes funding for campus

  3  operations and fixed capital outlay.

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

  5  operating budget.

  6         (d)  Recommend to the Campus Board appropriate services

  7  and terms and conditions to be included in annual central

  8  support services contracts.

  9         (e)  Carry out any additional responsibilities assigned

10  or delegated by the President of the University of South

11  Florida for the efficient operation and improvement of the

12  campus, especially any authority necessary for the purpose of

13  vesting in the campus attributes necessary to meet the

14  requirements for separate accreditation.

15         (4)  Students enrolled at the University of South

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

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

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

19  Department of Education, or other lawful entity. The

20  University of South Florida shall provide a comprehensive and

21  coordinated system of student registration so that a student

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

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

24  University of South Florida.

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

26  section and remain under the administrative control of the

27  University of South Florida:

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

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

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

31  Type One Institute.


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  1         (c)  The University of South Florida Pediatric Research

  2  Center.

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

  4  facility.

  5         Section 4.  The University of South Florida

  6  Sarasota/Manatee.--

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

  8  South Florida is established and shall be known as the

  9  "University of South Florida Sarasota/Manatee."

10         (a)  The Legislature intends that the University of

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

12  separate organizational and budget entity of the University of

13  South Florida and that all legislative appropriations for the

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

15  separate line items in the annual General Appropriations Act.

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

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

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

19  2002, the President of the University of South Florida shall

20  begin the process of application to the Commission on Colleges

21  of the Southern Association of Colleges and Schools for

22  separate accreditation of the University of South Florida

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

24  provisionally approved, the University of South Florida shall

25  correct any identified deficiencies and shall continue to work

26  for accreditation.

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

28  Florida shall appoint to the Campus Board, from

29  recommendations of the President of the University of South

30  Florida, three residents of Manatee County and two residents

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


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  1  more residents of Sarasota County or Manatee County is

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

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

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

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

  6  reappoint a member to the Campus Board for one additional

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

  8  law, which include the authority to:

  9         (a)  Review and approve an annual legislative budget

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

11  Campus Executive Officer shall prepare the legislative budget

12  request in accordance with guidelines established by the

13  Florida Board of Education. This request must include items

14  for campus operations and fixed capital outlay.

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

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

17  the University of South Florida. The campus operating budget

18  must reflect the actual funding available to that campus from

19  separate line-item appropriations contained in each annual

20  General Appropriations Act, which line-item appropriations

21  must initially reflect the funds reported to the Florida

22  Legislature for the University of South Florida

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

24  additional funds provided in the fiscal year 2001-2002

25  legislative appropriation.

26         (c)  Enter into central support services contracts with

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

28  any services that the campus at Sarasota/Manatee cannot

29  provide more economically, including payroll processing,

30  accounting, technology, construction administration, and other

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


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  1  must be provided by a central services contract with the

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

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

  4  agreement any allocation or sharing of student fee revenue

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

  6  Sarasota/Manatee campus.

  7  

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

  9  lawfully delegate other powers and duties to the Campus Board

10  for the efficient operation and improvement of the campus and

11  for the purpose of vesting in the campus the attributes

12  necessary to meet the requirements for separate accreditation

13  by the Southern Association of Colleges and Schools.

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

15  shall be administered by a Campus Executive Officer who shall

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

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

18  President shall consult with the Campus Board before hiring or

19  terminating the Campus Executive Officer. The Campus Executive

20  Officer has authority and responsibility as provided in law,

21  including the authority to:

22         (a)  Administer campus operations within the annual

23  operating budget as approved by the Campus Board.

24         (b)  Recommend to the Campus Board an annual

25  legislative budget request that includes funding for campus

26  operations and fixed capital outlay.

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

28  operating budget.

29         (d)  Recommend to the Campus Board appropriate services

30  and terms and conditions to be included in annual central

31  support services contracts.


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  1         (e)  Carry out any additional responsibilities assigned

  2  or delegated by the President of the University of South

  3  Florida for the efficient operation and improvement of the

  4  campus, especially any authority necessary for the purpose of

  5  vesting in the campus attributes necessary to meet the

  6  requirements for separate accreditation.

  7         (4)  Students enrolled at the University of South

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

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

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

11  Department of Education, or other lawful entity. The

12  University of South Florida shall provide a comprehensive and

13  coordinated system of student registration so that a student

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

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

16  University of South Florida.

17         (5)  Promote technology transfer between the research

18  operations of the University of South Florida and local

19  economic development agencies.

20         Section 5.  New College of Florida.--

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

22  University System of Florida, New College of Florida preserves

23  its distinctive mission as a residential liberal arts honors

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

25  the following goals:

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

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

28  study that is both demanding and stimulating.

29         (b)  To engage in undergraduate educational reform by

30  combining educational innovation with educational excellence.

31  


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

  2  to design their educational experience as much as possible in

  3  accordance with their individual interests, values, and

  4  abilities.

  5         (d)  To challenge undergraduates not only to master

  6  existing bodies of knowledge but also to extend the frontiers

  7  of knowledge through original research.

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

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

10  Southern Association of Colleges and Schools for separate

11  accreditation.

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

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

14  terms, as follows:

15         (a)  Three residents of Sarasota County.

16         (b)  Two residents of Manatee County.

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

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

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

20  College Foundation.

21         Section 6.  Legislative intent.--The Legislature

22  intends to create an innovative means to increase access to

23  baccalaureate-degree-level education in populous counties that

24  are underserved by public baccalaureate-degree-granting

25  institutions. This education is intended to address the

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

27  nurses, and business managers in agencies and firms that

28  require expertise in technology.

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

30  Petersburg Junior College is redesignated as St. Petersburg

31  College. The college shall immediately seek accreditation from


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  1  the Southern Association of Colleges and Schools as a

  2  baccalaureate-degree-granting college.

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

  4  to provide high-quality undergraduate education at an

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

  6  promote economic development by preparing people for

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

  8  by existing or emerging public and private employers in this

  9  state.

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

11  policies of a Florida community college, including the

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

13  programs consistent with a public community college's

14  authority.

15         (3)  St. Petersburg College shall maintain the

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

17  Petersburg College is limited to community college programs

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

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

20  The University Center may make available more diverse program

21  offerings, but those programs are offered by a participating

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

23  as a program of St. Petersburg College.

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

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

26  policies of the State University System.

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

28  apply to St. Petersburg College. 

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

30         (1)  St. Petersburg College shall maintain separate

31  records for students who are enrolled in courses classified in


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  1  the upper division and lower division of a baccalaureate

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

  3  student shall be reported as a community college student for

  4  enrollment in a lower-division course and as a

  5  baccalaureate-degree-program student for enrollment in an

  6  upper-division course.

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

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

  9  authorized student fees.

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

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

12  credit course, matriculation and tuition fees must be within

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

14  student at that level.

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

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

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

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

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

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

21  shall establish fees for upper-division students within a

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

23  a public university but higher than the fees for community

24  college students.

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

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

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

28  level less than fees established for University of South

29  Florida students, regardless of program enrollment or level.

30  However, students in workforce development education courses

31  maintain the authorized fee exemptions described in section


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  1  239.117, Florida Statutes, and may be exempt from local fees

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

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

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

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

  6  Petersburg College may offer selected baccalaureate degrees.

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

  8  baccalaureate degree in the following fields:

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

10  be designed to articulate with the Associate in Science Degree

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

12  Associate in Science degree in nursing.

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

14  Elementary Education.

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

16  Special Education.

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

18  Secondary Education.

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

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

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

22  opportunities in the following counties: Pinellas, Pasco,

23  Hernando, and other counties approved by the Florida

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

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

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

27  baccalaureate-degree-level program must be designed to

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

29  program. The college is encouraged to develop articulation

30  agreements for enrollment of graduates of related

31  Associate-in-Applied-Science degree programs.


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

  2  enable teachers to qualify for certification and

  3  recertification as required by law or rule.

  4         (3)  The college may offer programs to provide

  5  opportunities for a person who holds a baccalaureate degree,

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

  7  courses required for teacher certification.

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

  9  programs may be provided by agreement with a college or

10  university participating in the University Center of St.

11  Petersburg College.

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

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

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

15  recruiting upper division students in Pasco and Hernando

16  Counties, St. Petersburg College shall work cooperatively with

17  Pasco-Hernando Community College and shall seek to offer

18  courses and programs at Pasco-Hernando Community College when

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

20  conducted cooperatively, and programs at St. Petersburg

21  College shall not conflict with Pasco-Hernando Community

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

23  nursing program.

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

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

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

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

28  appoint members as provided in section 240.313, Florida

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

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

31  rules of the State Board of Education.


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

  2  may authorize direct support organizations as authorized in

  3  sections 240.299 and 240.331, Florida Statutes.

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

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

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

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

  8  receives its accreditation.

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

10  Trustees in its deliberations concerning issues that affect

11  the upper division of the college. The coordinating board

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

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

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

15  boards of trustees of those institutions.

16         (5)  Beginning 4 years after the college receives

17  accreditation to offer baccalaureate degrees, the Board of

18  Trustees of St. Petersburg College may determine additional

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

20  board. The determination must consider community needs and

21  economic opportunities.

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

23  of the President of the University of South Florida or the

24  President of St. Petersburg College.

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

26  of importance to the programs designed for upper-division

27  students, the chief educational officer of this state shall

28  resolve the issue.

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

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

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


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  1  upper-division faculty are eligible for continuing contract

  2  upon the completion of the fifth year of teaching.

  3         (2)  Employee records for all personnel shall be

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

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

  6  St. Petersburg College may request funding from the Public

  7  Education Capital Outlay and Debt Service Trust Fund as a

  8  community college and as a university. The municipalities of

  9  Pinellas County, the Board of County Commissioners of Pinellas

10  County, and all other governmental entities are authorized to

11  cooperate with the Board of Trustees in establishing this

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

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

14  authorized as a public purpose. The Board of County

15  Commissioners of Pinellas County and all municipalities in

16  Pinellas County may exercise the power of eminent domain to

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

18  Petersburg College, regardless of whether such lands,

19  buildings, and equipment are located in a community

20  redevelopment area.

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

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

23  College as a community college for its workforce development

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

25  credit courses and programs.

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

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

28  upper-division-level courses and programs.

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

30  College shall estimate the appropriate level of funding for

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


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

  2  cost accounting and legislative budget requests designed to

  3  acknowledge its unique classification. The cost study must

  4  indicate actual costs projected for the first 4 years of

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

  6  students expected to enroll in the upper division in fall

  7  semester of 2002.

  8         Section 14.  Nothing contained within this act shall be

  9  construed to adversely impact the accreditation of the

10  University of South Florida.

11         Section 15.  This act shall take effect July 1, 2001.

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