Senate Bill sb1564c1
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Florida Senate - 2002 CS for SB 1564
By the Committee on Education; and Senator Villalobos
304-1887A-02
1 A bill to be entitled
2 An act relating to education governance;
3 amending s. 11.061, F.S.; providing procedures
4 for registering as a lobbyist for a state
5 university, college, or community college;
6 providing penalties for employees of state
7 universities, colleges, and community colleges
8 who fail to register or record hours; amending
9 s. 11.062, F.S.; prohibiting certain uses of
10 public funds for lobbying by state colleges;
11 amending s. 110.123, F.S.; providing that
12 certain personnel are eligible enrollees, state
13 employees, and state officers for purposes of
14 the state group insurance program; specifying
15 that state universities and colleges are state
16 agencies only for purposes of the state group
17 insurance program; amending s. 120.52, F.S.;
18 including state universities and colleges as
19 educational units for purposes of the
20 Administrative Procedure Act; eliminating
21 obsolete references; amending s. 120.55, F.S.;
22 including state colleges within provisions
23 governing the Florida Administrative Code;
24 amending s. 120.81, F.S.; including state
25 universities and colleges in provisions
26 governing rulemaking; eliminating references to
27 the State University System; providing for
28 university and college boards of trustees to
29 establish a student judicial review committee;
30 repealing s. 231.621, F.S., relating to the
31 Critical Teacher Shortage Student Loan
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1 Forgiveness Program; reenacting and amending s.
2 239.117, F.S.; revising certain fee waivers
3 provided under the workforce development
4 programs and provided for adult basic
5 instruction; conforming provisions to changes
6 made by the act; reenacting and amending s.
7 240.105, F.S.; providing legislative findings
8 with respect to the state's educational
9 mission; reenacting s. 240.107, F.S., relating
10 to the examination for college-level
11 communication and computation skills;
12 reenacting and amending s. 240.115, F.S.;
13 conforming provisions to changes made by the
14 act; eliminating obsolete provisions;
15 authorizing the State Board of Education to
16 delegate certain authority to a division
17 director; reenacting and amending s. 240.116,
18 F.S.; conforming provisions to changes made by
19 the act; authorizing certain articulation
20 agreements to establish participation
21 requirements; permitting school districts to
22 assign different grade weighting schemes to
23 different types of high school courses, except
24 for specified courses that must be graded with
25 the same weighting scheme; providing for dual
26 enrollment in career and technical education
27 programs; authorizing the Articulation
28 Coordinating Committee rather than the
29 postsecondary educational institution to
30 determine college course numbers for which
31 certain high school courses will confer college
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1 credit; reenacting and amending s. 240.1161,
2 F.S.; requiring certain articulation agreements
3 to contain participation restrictions,
4 including passing the common placement test and
5 minimum grade point averages; removing a
6 requirement that a high school plan must
7 delineate secondary courses that confer credit
8 in certain postsecondary courses; conforming
9 provisions with changes made by the act in
10 reassigning that responsibility; reenacting and
11 amending s. 240.1162, F.S.; requiring the
12 articulation accountability process to include
13 independent institutions; reenacting and
14 amending s. 240.1163, F.S.; conforming
15 provisions to changes made by the act;
16 eliminating certain provisions concerning dual
17 enrollment courses and agreements; reenacting
18 and amending s. 240.117, F.S., relating to
19 common placement testing for postsecondary
20 education; conforming provisions to changes
21 made by the act; reenacting and amending s.
22 240.118, F.S., relating to postsecondary
23 feedback of information to high schools;
24 conforming provisions; reenacting and amending
25 s. 240.1201, F.S.; authorizing acceptance of an
26 electronic signature for certain applications;
27 repealing ss. 240.122, 240.124, 240.125,
28 240.126, F.S., relating to budgeting based on
29 programs and numbers of students, funding for
30 continuous enrollment in college credit
31 courses, and the consortium of postsecondary
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1 education; reenacting s. 240.127, F.S.,
2 relating to the Florida Uniform Management of
3 Institutional Funds Act; reenacting and
4 amending s. 240.128, F.S.; requiring
5 legislative approval for certain acquisitions;
6 repealing s. 240.132, F.S., relating to
7 participation by students or employees in
8 disruptive activities; reenacting and amending
9 s. 240.1325, F.S.; conforming provisions
10 prohibiting hazing activities; reenacting and
11 amending s. 240.133, F.S.; revising provisions
12 governing the expulsion and discipline of
13 students; conforming provisions to changes made
14 by the act; reenacting and amending s. 240.134,
15 F.S.; requiring policies for accommodating
16 religious observance; repealing s. 240.135,
17 F.S., relating to signing vouchers for funds
18 provided by the United States; reenacting and
19 amending s. 240.136, F.S.; specifying certain
20 acts sufficient for removal from office of
21 elected student government officials; repealing
22 s. 240.139, F.S., relating to microfilming and
23 disposing of original records; reenacting and
24 amending s. 240.152, F.S.; conforming
25 provisions governing admission of students with
26 disabilities to federal guidelines and state
27 law; reenacting and amending s. 240.153, F.S.;
28 conforming provisions governing progression and
29 graduation of students with a documented
30 disability; reenacting and amending s. 240.155,
31 F.S.; providing requirements for campus master
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1 plans and development agreements; including in
2 certain planning requirements land owned by a
3 university as a result of changes made by the
4 act; reenacting and amending s. 240.156, F.S.,
5 relating to the State University System
6 Concurrency Trust Fund; conforming provisions
7 to changes made by the act; reenacting and
8 amending s. 240.2011, F.S.; eliminating
9 obsolete references to the State University
10 System; creating s. 240.2012, F.S.; providing
11 for governance of the state universities and
12 colleges; limiting authority to operate or
13 regulate state postsecondary education
14 institutions; providing for the status of each
15 university and college as an independent,
16 separate legal entity; requiring the Governor
17 to appoint boards of trustees; providing for
18 Senate confirmation; providing for removal of a
19 board member based upon violation of s.
20 286.011, F.S.; creating each board of trustees
21 as a public body corporate; providing
22 requirements for suits against a board;
23 establishing terms of office; providing
24 responsibility for policy decisions;
25 establishing university and college boards of
26 trustees as instrumentalities or agencies of
27 the state for purposes of sovereign immunity;
28 creating s. 240.2013, F.S.; vesting each
29 university and college board of trustees with
30 authority to govern and set policy; providing
31 rulemaking authority; providing for selecting,
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1 compensating, and evaluating a president;
2 requiring a planning process; requiring each
3 board to provide for academic freedom and
4 academic responsibility; requiring an
5 institutional budget request; authorizing
6 program approval and termination; requiring
7 legislative approval for certain programs;
8 providing requirements for managing real
9 property owned by the state or by the
10 institution; retaining certain authority
11 delegated to the Board of Internal Improvement
12 Trust Fund and Division of State Lands;
13 authorizing each board of trustees to secure
14 certain appraisals and surveys in compliance
15 with rules of the Board of Internal Improvement
16 Trust Fund; providing for certain contracts
17 without competitive selection; authorizing
18 agreements for and use of certain credit
19 transactions; authorizing establishment of a
20 personnel program; authorizing a board to use,
21 maintain, protect, and control certain
22 property, names, trademarks, and other
23 proprietary marks; authorizing restrictions on
24 certain activities and facilities; authorizing
25 a board to prioritize and impose charges for
26 the use of space, property, equipment, and
27 resources; providing for the establishment and
28 coordination of policies relating to
29 educational offerings; requiring that each
30 board establish a procurement program;
31 authorizing each board to sell, lease, license,
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1 or otherwise provide goods, materials, and
2 services; requiring that a board comply with
3 certain provisions in procuring professional
4 services; requiring that a board establish and
5 administer faculty practice plans for the
6 academic health science centers; authorizing a
7 board to exercise the right of eminent domain,
8 subject to approval by the State Board of
9 Education; requiring that a board comply with
10 specified provisions with respect to
11 procurement and construction contracts;
12 providing certain exemptions; requiring that a
13 board establish a program for the maintenance
14 and construction of facilities; requiring that
15 a board secure workers' compensation coverage
16 for certain contractors and subcontractors;
17 prohibiting naming a school, college, or center
18 for a living person unless approved by the
19 State Board of Education; providing
20 requirements for a board in managing
21 enrollment; requiring that a board advise
22 certain students of the availability of
23 programs at other universities and colleges and
24 the admissions requirement of such programs;
25 providing that a board ensure that at least
26 half of the required coursework for any
27 baccalaureate degree in the system is offered
28 at the lower-division level, except in program
29 areas approved by the State Board of Education;
30 requiring that a board ensure that university
31 and college students are aware of program
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1 prerequisites for certain programs; authorizing
2 a board to rent or lease parking facilities;
3 requiring a board to implement the university
4 facilities plan in accordance with certain laws
5 and guidelines; providing that for purposes of
6 ch. 284, F.S., university and college boards of
7 trustees are state agencies; providing an
8 exception; creating s. 240.2014, F.S.;
9 specifying powers and duties of each university
10 or college president; requiring an approval
11 process for certain contracts; providing
12 requirements for procuring professional
13 services; providing for removing a president
14 from office for certain violations of s.
15 286.011, F.S.; authorizing a president to
16 delegate certain authority; repealing ss.
17 240.202, 240.203, 240.205, 240.207, 240.209
18 F.S.; relating to authority of university
19 presidents, responsibilities of the State Board
20 of Education, and the appointment and duties of
21 the Board of Regents; reenacting and amending
22 s. 240.2093, F.S.; authorizing the State Board
23 of Education to request the issuance of bonds
24 or other forms of indebtedness; eliminating
25 obsolete provisions; authorizing conditions
26 under which the State Board of Education may
27 approve the issuance of bonds or other forms of
28 indebtedness by a direct-support organization;
29 reenacting and amending s. 240.2094, F.S.;
30 requiring that funds for the operation of state
31 universities and colleges be requested and
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1 appropriated as grants and aids; eliminating
2 obsolete provisions with respect to positions
3 and salary rates; repealing ss. 240.20941,
4 240.2095, 240.2097, F.S., relating to vacant
5 faculty positions, program approval by the
6 Board of Regents, and required rules;
7 reenacting and amending s. 240.2098, F.S.;
8 requiring each college and university to have a
9 student ombudsman office; providing for an
10 appeal procedure; eliminating a requirement
11 that the appeal procedure must be included in
12 the university catalog; reenacting and amending
13 s. 240.2099, F.S.; requiring that the State
14 Board of Education establish the Florida Center
15 for Advising and Academic Support; eliminating
16 obsolete provisions; providing for an oversight
17 committee; requiring the universities,
18 colleges, and community colleges to implement
19 the system; repealing ss. 240.2111, 240.2112,
20 F.S., relating to an employee recognition
21 program and employee bonuses; reenacting and
22 amending s. 240.213, F.S.; authorizing
23 university and college boards of trustees to
24 secure, or otherwise provide as a self-insurer,
25 general liability insurance for the boards and
26 others; eliminating references to the State
27 University System; providing that general
28 liability insurance for certain not-for-profit
29 corporations and its officers, employees, and
30 agents, is subject to approval of the
31 self-insurance program council and the
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Florida Senate - 2002 CS for SB 1564
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1 university or college board of trustees;
2 requiring a board of trustees to adopt rules;
3 providing that if the self-insurance program is
4 established for health or veterinary services,
5 the Vice President of Health Affairs or his or
6 her designee shall serve as chair of the
7 governing council; requiring an annual actuary
8 review to establish funding requirements;
9 providing that the self-insurance program
10 assets shall be deposited outside the State
11 Treasury; requiring an annual post audit and
12 audit review; providing for funding the
13 self-insurance program; providing for the
14 assets of the self-insurance program to be the
15 property of a university or college board of
16 trustees and used only for certain expenses;
17 providing requirements for investment income;
18 providing rulemaking authority; reenacting and
19 amending s. 240.214, F.S.; eliminating obsolete
20 provisions; requiring the State Board of
21 Education to submit an annual accountability
22 report; repealing s. 240.2145, F.S., relating
23 to an annual evaluation of the State University
24 System accountability process; reenacting and
25 amending s. 240.215, F.S.; providing for
26 payment of costs in a civil action against
27 officers, agents, members, or employees of a
28 university or college board of trustees;
29 authorizing a university or college board of
30 trustees to obtain insurance; conforming
31 provisions to changes made by the act;
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1 repealing ss. 240.217, 240.219, F.S., relating
2 to eminent domain and representation by the
3 Department of Legal Affairs in condemnation
4 proceedings; reenacting and amending s.
5 240.222, F.S.; clarifying the assent of the
6 Legislature to the Hatch Act and Morrill
7 Land-Grant Acts for the University of Florida
8 and Florida Agricultural and Mechanical
9 University; reenacting and amending s. 240.223,
10 F.S.; conforming provisions to changes made by
11 the act; authorizing each university and
12 college board of trustees to act as trustees;
13 providing that all prior acts of and
14 appointments by the former Board of Regents are
15 approved, ratified, confirmed, and validated;
16 reenacting and amending s. 240.229, F.S.;
17 providing powers of universities and colleges
18 with respect to patents, copyrights, and
19 trademarks; repealing s. 240.231, F.S.,
20 relating to payment of costs of civil actions;
21 reenacting and amending s. 240.233, F.S.;
22 providing for rules governing the admission of
23 students, subject to approval by the State
24 Board of Education; providing registration
25 requirements with respect to transfer students;
26 providing requirements for orientation
27 programs; reenacting and amending s. 240.2333,
28 F.S.; eliminating certain rulemaking authority
29 of the Articulation Coordinating Committee;
30 reenacting and amending s. 240.235, F.S.;
31 requiring each university and college board of
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1 trustees to set matriculation and tuition fees;
2 providing for the fees to take effect;
3 providing a cap on certain fees; eliminating
4 obsolete dates relating to initial aggregate
5 athletic fees; providing for a nonrefundable
6 application fee; providing for an orientation
7 fee; providing for a fee for security, access,
8 or identification cards; providing for material
9 and supplies fees; providing for a Capital
10 Improvement Trust Fund fee; providing for a
11 building fee; providing for a financial aid
12 fee; requiring that proceeds of the financial
13 aid fee remain at each campus and replace
14 existing financial aid fees; requiring the
15 State Board of Education to specify limits on
16 the percent of the fees to be carried forward
17 to the following fiscal year; providing for a
18 portion of funds from the student financial aid
19 fee be used to provide financial aid based on
20 absolute need; providing award criteria;
21 providing for certain user fees; providing an
22 admissions deposit fee for the University of
23 Florida College of Dentistry; providing for
24 registration fees; providing for service
25 charges; providing for deposit of
26 installment-fee revenues; providing for late
27 registration and payment fees; providing for
28 waiver of certain fees; providing a fee for
29 miscellaneous health-related charges; providing
30 for housing rental rates and miscellaneous
31 housing charges; providing for charges on
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1 overdue accounts; providing for service charges
2 in lieu of interest and administrative handling
3 charges; providing for a fee for certain
4 off-campus courses; providing for library fees
5 and fines; providing fees for duplicating,
6 photocopying, binding, and microfilming;
7 providing for fees for copyright services;
8 providing for fees for testing; providing for
9 fees and fines relating to loss and damage of
10 facilities and equipment; providing for
11 returned-check fees; providing for traffic and
12 parking fines and charges; providing a fee for
13 the educational research center for child
14 development; providing for fees for transcripts
15 and diploma replacement; providing for
16 replacement card fees; providing for a
17 systemwide standard fee schedule; authorizing a
18 board of trustees to approve the expenditure of
19 fee revenues; providing for a differential
20 out-of-state tuition fee for certain
21 universities and colleges; providing that the
22 assessment of additional fees is subject to
23 approval by the State Board of Education;
24 reenacting and amending s. 240.237, F.S.;
25 providing that each university and college
26 board of trustees may prescribe the content and
27 custody of certain student records and reports;
28 reenacting and amending s. 240.239, F.S.;
29 requiring universities and colleges to present
30 associate in arts certificates upon request to
31 qualified students; reenacting and amending s.
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1 240.241, F.S.; authorizing a university board
2 of trustees to create divisions of sponsored
3 research; providing for policies to regulate
4 the activities of divisions of sponsored
5 research; requiring the board of trustees to
6 submit reports to the State Board of Education;
7 requiring the State Board of Education to
8 report to the Legislature; providing that title
9 to real property to certain lands acquired
10 through the division of sponsored research
11 vests in a university board of trustees;
12 eliminating authorization of divisions of
13 sponsored research to pay per diem and travel
14 expenses for state officers and employees;
15 authorizing the State Board of Education to
16 establish additional positions within the
17 divisions of sponsored research; providing
18 rulemaking authority; reenacting and amending
19 s. 240.242, F.S.; requiring the State Board of
20 Education to certify the leasing of education
21 facilities in a research and development park;
22 reenacting and amending s. 240.243, F.S.;
23 requiring state universities and colleges to
24 follow the required number of classroom
25 teaching hours for faculty members; reenacting
26 and amending s. 240.245, F.S.; requiring
27 evaluations of faculty members; requiring the
28 State Board of Education to establish criteria
29 for evaluating service to public schools;
30 eliminating obsolete provisions; reenacting and
31 amending s. 240.246, F.S.; requiring the State
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1 Board of Education to adopt rules to require
2 tests of spoken English for certain faculty
3 members; reenacting and amending s. 240.2475,
4 F.S.; requiring state universities and colleges
5 to maintain an employment equity and
6 accountability program; eliminating obsolete
7 provisions; requiring state university and
8 college presidents to submit an equity report
9 to the State Board of Education; requiring the
10 presidential evaluations to be submitted to the
11 State Board of Education; requiring each
12 university and college board of trustees to
13 evaluate its president on achieving annual
14 equity goals; requiring the State Board of
15 Education to submit the annual equity report to
16 the Legislature; eliminating obsolete
17 provisions; eliminating funding requirements;
18 reenacting and amending s. 240.253, F.S.;
19 requiring each university and college board of
20 trustees to adopt rules governing employee
21 records; reenacting and amending s. 240.2601,
22 F.S.; conforming provisions to changes made by
23 the act with respect to the Facility
24 Enhancement Challenge Grant Program; providing
25 for the State Board of Education to administer
26 the Alec P. Courtelis Capital Facilities
27 Matching Trust Fund; requiring the State Board
28 of Education to submit a list of eligible
29 projects to the Legislature; requiring that
30 eligible projects be approved by the State
31 Board of Education; reenacting and amending s.
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1 240.2605, F.S.; eliminating obsolete
2 provisions; requiring the State Board of
3 Education to define instructions and research
4 programs for purposes of matching grants;
5 requiring the State Board of Education to
6 allocate funds to match private donations;
7 providing requirements for requests for
8 matching funds; providing state matching funds
9 for pledged contributions based on certain
10 factors; requiring foundations to report to the
11 State Board of Education; providing rulemaking
12 authority for State Board of Education to
13 specify certain donations; limiting the amount
14 of matching funds used to match a single gift;
15 providing for distribution; reenacting and
16 amending s. 240.261, F.S.; authorizing each
17 university and college board of trustees to
18 adopt rules for codes of conduct; requiring a
19 student handbook that includes student rights
20 and responsibilities, appeals procedures,
21 roster of contact persons, and the policy on
22 immune deficiency syndrome; requiring that the
23 student handbook prohibit the sale, use, or
24 possession of certain controlled substances or
25 alcoholic beverages by underage students;
26 requiring a policy with respect to instruction
27 on human immunodeficiency virus infection;
28 requiring each university and college board of
29 trustees to establish a committee to review the
30 student judicial system; reenacting and
31 amending s. 240.262, F.S.; requiring state
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1 universities and colleges to establish
2 antihazing rules; eliminating a requirement
3 that antihazing rules be approved by the Board
4 of Regents; reenacting and amending s. 240.263,
5 F.S.; providing for regulation of traffic at
6 state universities and colleges; reenacting and
7 amending s. 240.264, F.S.; requiring each board
8 of trustees to adopt rules for traffic and
9 traffic penalties; reenacting and amending s.
10 240.265, F.S.; specifying penalties for
11 violating a college traffic infraction;
12 reenacting and amending s. 240.266, F.S.;
13 providing for payment of fines, jurisdiction,
14 and procedures for college traffic authorities;
15 reenacting and amending s. 240.267, F.S.;
16 providing for the use of moneys from traffic
17 and parking fines; reenacting and amending s.
18 240.268, F.S.; providing for college police;
19 eliminating obsolete provisions; providing for
20 expansion of jurisdiction for university and
21 college police to include property and
22 facilities of direct-support organizations;
23 reenacting and amending s. 240.2682, F.S.;
24 providing that state universities and colleges
25 are subject to the Florida Postsecondary
26 Education Security Information Act; reenacting
27 and amending s. 240.2683, F.S.; eliminating
28 obsolete provisions; requiring each
29 postsecondary institution to file a campus
30 crime report with the Commissioner of
31 Education; reenacting s. 240.2684, F.S.,
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1 relating to the assessment of physical plant
2 safety; reenacting and amending s. 240.271,
3 F.S.; providing for funding for state
4 universities and colleges; conforming
5 provisions to changes made by the act;
6 eliminating a reference to allocations by the
7 Board of Regents; requiring the State Board of
8 Education to establish and validate a
9 cost-estimating system; eliminating obsolete
10 provisions; repealing ss. 240.272, 240.273,
11 F.S., relating to carryforward of unexpended
12 funds and the apportionment of property to the
13 State University System; reenacting and
14 amending s. 240.274, F.S.; providing a
15 mechanism for public documents to be
16 distributed to state universities and colleges;
17 eliminating obsolete provisions; reenacting and
18 amending s. 240.275, F.S.; providing that the
19 law libraries of Florida Agricultural and
20 Mechanical University and Florida International
21 University are state legal depositories;
22 eliminating obsolete provisions; repealing s.
23 240.276, F.S., relating to specified university
24 publications; reenacting and amending s.
25 240.277, F.S.; eliminating obsolete provisions;
26 providing that certain funds received by state
27 universities and colleges may be expended as
28 approved by the State Board of Education;
29 repealing s. 240.279, F.S., relating to working
30 capital trust funds; reenacting and amending s.
31 240.2803, F.S.; authorizing auxiliary
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1 enterprises; repealing ss. 240.28031,
2 240.28035, F.S., relating to the Ancillary
3 Facilities Construction Trust Fund and the
4 Education-Contracts, Grants, and Donations
5 Trust Fund; reenacting and amending s.
6 240.2805, F.S.; requiring the State Board of
7 Education to administer the Capital Improvement
8 Fee Trust Fund and the Building Fee Trust Fund;
9 eliminating obsolete provisions; reenacting and
10 amending s. 240.281, F.S.; authorizing the
11 deposit of funds received by state universities
12 and colleges outside the State Treasury;
13 repealing ss. 240.283, 240.285, 240.287,
14 240.289, F.S., relating to extra compensation
15 for State University System employees, the
16 transfer of funds, the investment of university
17 agency and activity funds, and use of credit,
18 charge, and debit cards; reenacting and
19 amending s. 240.291, F.S.; authorizing state
20 universities and colleges to collect on
21 delinquent accounts; providing rulemaking
22 authority for boards of trustees; reenacting
23 and amending s. 240.293, F.S.; authorizing
24 contracts for certain goods and services;
25 reenacting and amending s. 240.2945, F.S.;
26 exempting state universities and colleges from
27 local amendments to the Florida Building Code
28 and the Fire Prevention Code; reenacting and
29 amending s. 240.295, F.S.; eliminating obsolete
30 provisions; authorizing fixed capital outlay
31 projects for state universities and colleges;
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1 providing for the State Board of Education to
2 adopt rules; requiring prior consultation with
3 the student government association for certain
4 projects; requiring each university and college
5 board of trustees to assess campus hurricane
6 shelters and submit a report; reenacting and
7 amending s. 240.296, F.S.; providing for a
8 facilities loan and debt surety program for
9 state universities and colleges; eliminating
10 obsolete provisions; requiring the State Board
11 of Education to adopt rules governing secondary
12 credit enhancement; repealing s. 240.2985,
13 F.S., relating to the Ethics in Business
14 Scholarship Program; reenacting and amending s.
15 240.299, F.S.; providing for direct-support
16 organizations; eliminating obsolete provisions;
17 providing for certification by the State Board
18 of Education of direct-support organizations;
19 authorizing the university and college boards
20 of trustees to adopt rules prescribing certain
21 conditions for compliance by direct-support
22 organizations; requiring each board and the
23 State Board of Education to review audit
24 reports; requiring the State Board of Education
25 to approve facility agreements; reenacting and
26 amending s. 240.2995, F.S.; providing for
27 college health services support organizations;
28 authorizing boards of trustees to establish
29 health services support organizations;
30 authorizing the the State Board of Education to
31 adopt rules prescribing compliance with certain
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1 conditions for the health services support
2 organizations; eliminating obsolete provisions;
3 authorizing a university and college board of
4 trustees to appoint representatives to the
5 board of directors of the health services
6 support organization; reenacting and amending
7 s. 240.2996, F.S., relating to confidentiality
8 of information for college health services
9 support organizations; eliminating obsolete
10 provisions; amending s. 240.2997, F.S.,
11 relating to the Florida State University
12 College of Medicine; eliminating obsolete
13 provisions; reenacting and amending s. 240.301,
14 F.S., relating to the definition, mission, and
15 responsibility of community colleges;
16 eliminating references to the State Board of
17 Community Colleges; providing for community
18 colleges to offer baccalaureate degrees;
19 reenacting and amending s. 240.303, F.S.;
20 defining the terms "community college" and
21 "junior college" to have the same meaning;
22 reenacting and amending s. 240.3031, F.S.;
23 specifying the institutions that comprise the
24 state's community colleges; deleting obsolete
25 provisions; redesignating St. Petersburg Junior
26 College; repealing ss. 240.305, 240.309,
27 240.311, 240.3115, F.S., relating to the
28 establishment, organization, and duties of the
29 State Board of Community Colleges; reenacting
30 and amending s. 240.312, F.S.; providing
31 requirements for the director of the Division
21
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Florida Senate - 2002 CS for SB 1564
304-1887A-02
1 of Community Colleges with respect to program
2 reviews of community colleges; deleting
3 obsolete provisions; reenacting and amending s.
4 240.313, F.S.; relating to the establishment
5 and organization of district boards of
6 trustees; defining the district board of
7 trustees, community college district, and
8 community college as one legal entity;
9 eliminating references to the number of members
10 on a district board; clarifying the time for
11 taking office; reenacting and amending s.
12 240.315, F.S.; specifying powers of the boards
13 of trustees as corporations; reenacting and
14 amending s. 240.317, F.S., relating to
15 legislative intent concerning community
16 colleges; conforming provisions to changes made
17 by the act; creating s. 240.318, F.S.;
18 providing duties and powers of community
19 college presidents; authorizing the president
20 to delegate such powers and duties; reenacting
21 and amending s. 240.319, F.S.; providing duties
22 and powers of community college district boards
23 of trustees; authorizing district boards of
24 trustees to delegate such powers and duties;
25 eliminating obsolete provisions; providing
26 duties and powers of the State Board of
27 Education; transferring specified duties from
28 the Department of Education to the district
29 boards of trustees; reenacting s. 240.3191,
30 F.S., relating to community college student
31 handbooks; reenacting s. 240.3192, F.S.,
22
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Florida Senate - 2002 CS for SB 1564
304-1887A-02
1 relating to HIV and AIDS policy; reenacting s.
2 240.3193, F.S., relating to the student
3 ombudsman office; reenacting and amending s.
4 240.3195, F.S.; revising provisions governing
5 the community college retirement system;
6 conforming provisions to changes made by the
7 act; repealing s. 240.32, F.S., relating to the
8 approval of new programs at community colleges;
9 reenacting and amending s. 240.321, F.S.;
10 requiring district boards to adopt rules
11 governing admissions; conforming provisions to
12 changes made by the act; reenacting and
13 amending s. 240.3215, F.S.; providing standards
14 for student performance for the award of
15 degrees and certificates; reenacting and
16 amending s. 240.323, F.S., relating to student
17 records; transferring duties from the State
18 Board of Community Colleges to the State Board
19 of Education; reenacting and amending s.
20 240.324, F.S.; providing requirements for
21 community college district boards of trustees
22 with respect to accountability and evaluations;
23 repealing s. 240.325, F.S., relating to minimum
24 standards, definitions, and guidelines for
25 community colleges; reenacting and amending s.
26 240.326, F.S.; requiring each board of trustees
27 to adopt an antihazing policy; removing a
28 requirement that the State Board of Education
29 approve such policy; reenacting s. 240.327,
30 F.S., relating to planning and construction of
31 community college facilities; amending and
23
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Florida Senate - 2002 CS for SB 1564
304-1887A-02
1 reenacting s. 240.331, F.S., relating to
2 community college direct-support organizations;
3 requiring that the audit report be submitted to
4 the Commissioner of Education; conforming
5 provisions to changes made by the act;
6 reenacting and amending s. 240.3315, F.S.,
7 relating to statewide community college
8 direct-support organizations; requiring
9 certification by the State Board of Education;
10 requiring the Commissioner of Education to
11 appoint a representative to the organization's
12 board and executive committee; reenacting and
13 amending s. 240.333, F.S.; providing for the
14 purchase of land by a municipality; reenacting
15 and amending s. 240.3335, F.S.; specifying
16 duties of the State Board of Education with
17 respect to centers of technology innovation;
18 conforming provisions to changes made by the
19 act; reenacting and amending s. 240.334, F.S.,
20 relating to technology transfer centers at
21 community colleges; specifying duties of the
22 State Board of Education; reenacting s.
23 240.3341, F.S., relating to incubator
24 facilities for small businesses; reenacting and
25 amending s. 240.335, F.S., relating to
26 employment of community college personnel;
27 clarifying employment authority of the
28 president, district board of trustees, and
29 State Board of Education; reenacting and
30 amending s. 240.3355, F.S.; providing duties of
31 the State Board of Education and the director
24
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Florida Senate - 2002 CS for SB 1564
304-1887A-02
1 of the Division of Community Colleges with
2 respect to the employment equity accountability
3 program for community colleges; conforming
4 provisions to changes made by the act;
5 reenacting and amending s. 240.337, F.S.;
6 requiring each district board of trustees to
7 adopt rules governing personnel records;
8 reenacting and amending s. 240.339, F.S.;
9 providing for a letter of appointment for
10 administrative and instructional staff;
11 reenacting and amending s. 240.341, F.S.;
12 revising requirements for required classroom
13 contact hours; reenacting and amending s.
14 240.343, F.S., relating to sick leave; deleting
15 obsolete provisions; reenacting 240.344, F.S.,
16 relating to retirement annuities; reenacting
17 and amending s. 240.345, F.S., relating to
18 financial support of community colleges;
19 requiring the State Board of Education to adopt
20 rules for deferring student fees; reenacting
21 and amending s. 240.347, F.S., relating to the
22 State Community College Program Fund; deleting
23 obsolete provisions; reenacting s. 240.349,
24 F.S., relating to requirements for
25 participation in the Community College Program
26 Fund; reenacting and amending s. 240.35, F.S.,
27 relating to student fees; authorizing a
28 district board of trustees to set matriculation
29 and tuition fees, based on a fee schedule
30 adopted by the State Board of Education;
31 reenacting s. 240.353, F.S., relating to a
25
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Florida Senate - 2002 CS for SB 1564
304-1887A-02
1 procedure for determining the number of
2 instruction units; reenacting and amending s.
3 240.3575, F.S., relating to economic
4 development centers; authorizing the State
5 Board of Education to award grants; reenacting
6 and amending s. 240.359, F.S., relating to
7 state financial support and annual
8 apportionment of funds; eliminating provisions
9 providing for funding programs for disabled
10 students; conforming provisions to changes made
11 by the act; reenacting and amending s. 240.36,
12 F.S.; renaming the Dr. Philip Benjamin Academic
13 Improvement Program for Community Colleges;
14 consolidating current matching grant programs;
15 establishing guidelines for contributions;
16 revising the allocation process; reenacting and
17 amending s. 240.361, F.S., relating to budgets
18 for community colleges; requiring the Division
19 of Community Colleges to review budgets;
20 reenacting and amending s. 240.363, F.S.,
21 relating to financial accounting and
22 expenditures; requiring the State Board of
23 Education to adopt rules; authorizing a
24 district board of trustees to adopt rules for
25 transferring funds to direct-support
26 organizations; reenacting s. 240.364, F.S.,
27 relating to prohibited expenditures; reenacting
28 s. 240.365, F.S., relating to delinquent
29 accounts; reenacting and amending s. 240.367,
30 F.S., relating to current loans to community
31 college district boards of trustees;
26
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Florida Senate - 2002 CS for SB 1564
304-1887A-02
1 transferring approval power from the Department
2 of Education to the State Board of Education;
3 reenacting s. 240.369, F.S., relating to an
4 exemption provided for community colleges from
5 regulation by a county civil service
6 commission; reenacting s. 240.371, F.S.,
7 relating to the transfer of benefits arising
8 under local or special acts; reenacting and
9 amending s. 240.375, F.S., relating to costs
10 for civil actions against officers, employees,
11 or agents of district boards of trustees;
12 providing that failure of a board to take
13 certain actions does not constitute a cause of
14 action against the board; reenacting and
15 amending s. 240.376, F.S.; providing
16 responsibilities of a board of trustees with
17 respect to property held for the benefit of the
18 community colleges; reenacting and amending s.
19 240.3763, F.S.; providing requirements for a
20 district board of trustees with respect to
21 self-insurance services; reenacting and
22 amending s. 240.377, F.S.; clarifying the
23 authority of a district board of trustees over
24 the budget for promotions and public relations;
25 reenacting s. 240.379, F.S., relating to the
26 applicability of certain laws to community
27 colleges; reenacting and amending s. 240.38,
28 F.S., relating to community college police;
29 defining the term "campus"; eliminating
30 requirements that certain personnel rules
31 conform to the Career Service System;
27
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1564
304-1887A-02
1 reenacting s. 240.3815, F.S., relating to
2 reporting campus crime statistics; reenacting
3 and amending s. 240.382, F.S., relating to
4 child development training centers; conforming
5 provisions to changes made by the act;
6 reenacting and amending s. 240.383, F.S.,
7 relating to the State Community College
8 Facility Enhancement Challenge Grant Program;
9 conforming provisions to changes made by the
10 act; reenacting and amending s. 240.3836, F.S.,
11 relating to site-determined baccalaureate
12 access; specifying duties of the State Board of
13 Education; reenacting and amending s. 240.384,
14 F.S., relating to training school consolidation
15 pilot projects; providing for the State Board
16 of Education to make certain budget requests
17 with respect to a project; redesignating part
18 IV of ch. 240, F.S., as "State-funded Student
19 Assistance"; reenacting s. 240.40, F.S.,
20 relating to the State Student Financial
21 Assistance Trust Fund; reenacting and amending
22 s. 240.4015, F.S.; redesignating the Florida
23 Merit Scholarship Program as the Florida
24 Medallion Scholarship Program; reenacting and
25 amending s. 240.40201, F.S.; revising the
26 eligibility period for the Florida Bright
27 Futures Scholarship Program; conforming
28 provisions to changes made by the act;
29 reenacting and amending ss. 240.40202,
30 240.40203, 240.40204, F.S.; revising
31 eligibility requirements for the Florida Bright
28
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Florida Senate - 2002 CS for SB 1564
304-1887A-02
1 Futures Scholarship Program; revising
2 application dates; providing for initial
3 acceptance of a scholarship to conform to
4 changes made by the act; prohibiting awards to
5 students earning credit hours designated at the
6 postbaccalaureate level; eliminating obsolete
7 provisions; reenacting and amending ss.
8 240.40205, 240.40206, 240.40207, F.S., relating
9 to Florida Academic Scholars awards; conforming
10 provisions to changes made by the act;
11 eliminating obsolete provisions; providing for
12 the calculation of awards; repealing s.
13 240.40208, F.S., relating to a transition from
14 certain scholarships to the Bright Futures
15 Program; reenacting and amending s. 240.40209,
16 F.S.; requiring that awards be calculated using
17 fees prescribed by the Department of Education;
18 reenacting s. 240.40242, F.S., relating to the
19 use of criteria under the Bright Futures
20 Program for scholarships for children of
21 deceased or disabled veterans; reenacting and
22 amending s. 240.404, F.S.; revising eligibility
23 requirements for state-funded student
24 assistance; conforming provisions to changes
25 made by the act; reenacting and amending s.
26 240.40401, F.S.; revising requirements for
27 developing the state-funded student assistance
28 database; reenacting ss. 240.4041, 240.4042,
29 F.S., relating to state financial aid for
30 students with a disability and the appeal
31 process for financial aid; creating s.
29
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Florida Senate - 2002 CS for SB 1564
304-1887A-02
1 240.4043, F.S.; providing state-funded fee
2 waivers for certain students at state
3 universities, public postsecondary education
4 institutions, technical centers, and community
5 colleges; reenacting and amending s. 240.405,
6 F.S.; providing for state-funded assistance for
7 school employees; requiring that the Department
8 of Education administer the program; providing
9 for loan repayments and tuition reimbursement
10 of college expenses for students who are
11 employed in areas of certain critical
12 shortages; providing for a loan forgiveness
13 program; providing for a grant program;
14 providing for a minority teacher education
15 scholars program; providing eligibility
16 requirements; repealing ss. 240.4063, 240.4064,
17 240.4065, F.S., relating to the Florida Teacher
18 Scholarship and Forgivable Loan Program, the
19 Critical Teacher Shortage Tuition Reimbursement
20 Program, and the Critical Teacher Shortage
21 Program; reenacting s. 240.4067, F.S., relating
22 to the Medical Education Reimbursement and Loan
23 Repayment Program; repealing s. 240.40685,
24 F.S., relating to the Certified Education
25 Paraprofessional Welfare Transition Program;
26 reenacting and amending s. 240.4069, F.S.,
27 relating to the Virgil Hawkins Fellows
28 Assistance Program; providing for the
29 fellowship to be available to minority students
30 enrolled at all public law schools in the
31 state; conforming provisions to changes made by
30
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Florida Senate - 2002 CS for SB 1564
304-1887A-02
1 the act; reenacting ss. 240.4075, 240.4076,
2 F.S., relating to the Nursing Student Loan
3 Forgiveness Program and the nursing scholarship
4 program; repealing s. 240.4082, F.S., relating
5 to the Teacher/Quest Scholarship Program;
6 reenacting and amending s. 240.409, F.S.;
7 providing for a Student Assistance Grant
8 Program; incorporating provisions governing
9 certain need-based student grants; revising the
10 eligibility period for certain state-funded,
11 need-based student assistance programs;
12 conforming provisions to changes made by the
13 act; requiring the State Board of Education to
14 adopt rules; repealing ss. 240.4095, 240.4097,
15 F.S., relating to the Florida Private Student
16 Assistance Grant Program and the Florida
17 Postsecondary Student Assistance Grant Program;
18 reenacting and amending s. 240.4098, F.S.;
19 providing requirements for state-funded student
20 assistance; repealing s. 240.40985, F.S.,
21 relating to Elderly Education Program Grants;
22 reenacting and amending s. 240.412, F.S.,
23 relating to the Jose Marti Scholarship
24 Challenge Grant Program; revising eligibility
25 requirements; reenacting s. 240.4125, F.S.,
26 relating to the Mary McLeod Bethune Scholarship
27 Program; reenacting and amending s. 240.4126,
28 F.S.; authorizing certain scholarships under
29 the Rosewood Family Scholarship Program;
30 reenacting s. 240.4128, F.S., relating to the
31 minority teacher education scholars program;
31
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1564
304-1887A-02
1 reenacting and amending s. 240.4129, F.S.;
2 revising the appointment of members to the
3 Florida Fund for Minority Teachers, Inc., to
4 conform to changes made by the act; reenacting
5 and amending s. 240.413, F.S., relating to the
6 Seminole and Miccosukee Indian Scholarships;
7 revising eligibility requirements; repealing
8 ss. 240.414, 240.4145, 240.4146, 240.417, F.S.,
9 relating to the Latin American and Caribbean
10 Basin Scholarship Program, the African and
11 Afro-Caribbean Scholarship Program, the
12 Nicaraguan and Haitian Scholarship Program, and
13 increased registration or tuition fees for
14 funding financial aid programs; reenacting s.
15 240.418, F.S., relating to need-based financial
16 aid; reenacting and amending s. 240.421, F.S.;
17 creating the Florida Advisory Council for
18 State-Funded Student Assistance; conforming
19 provisions to changes made in the act;
20 reenacting and amending s. 240.424, F.S.;
21 revising duties of the Department of Education
22 to conform to changes made in the act;
23 reenacting ss. 240.429, 240.431, F.S., relating
24 to certain activities of the department and
25 funding; reenacting and amending s. 240.437,
26 F.S.; providing for developing and
27 administering state-funded student assistance;
28 reenacting ss. 240.439, 240.441, 240.447,
29 240.449, 240.451, 240.453, 240.457, 240.459,
30 240.4595, 240.461, 240.463, F.S., relating to
31 the Student Loan Program; reenacting and
32
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Florida Senate - 2002 CS for SB 1564
304-1887A-02
1 amending s. 240.465, F.S., relating to the
2 handling of delinquent accounts by the
3 Department of Education; reenacting ss. 240.47,
4 240.471, 240.472, 240.473, 240.474, 240.475,
5 240.476, 240.477, 240.478, 240.479, 240.48,
6 240.481, 240.482, 240.483, 240.484, 240.485,
7 240.486, 240.487, 240.488, 240.489, 240.49,
8 240.491, 240.492, 240.493, 240.494, 240.495,
9 240.496, 240.497, F.S., relating to the Florida
10 Higher Education Loan Act; reenacting s.
11 240.4975, F.S., relating to the authority of
12 the State Board of Administration to borrow and
13 lend funds to finance student loans; reenacting
14 and amending s. 240.498, F.S.; revising
15 requirements for appointing members to the
16 board of the Florida Education Fund; repealing
17 s. 240.4986, F.S., relating to the Health Care
18 Education Quality Enhancement Challenge Grant
19 Program for Community Colleges; reenacting and
20 amending s. 240.4987, F.S.; expanding the
21 institutions participating in the Florida
22 Minority Medical Education Program; reenacting
23 ss. 240.4988, 240.4989, F.S., relating to the
24 Theodore R. and Vivian M. Johnson Scholarship
25 Program and educational leadership enhancement
26 grants; creating s. 240.499, F.S.; providing
27 for the William L. Boyd, IV, Florida resident
28 access grants; providing requirements for
29 eligibility; providing a funding formula;
30 creating s. 240.4991, F.S.; providing for an
31 Ethics in Business Scholarship Program;
33
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Florida Senate - 2002 CS for SB 1564
304-1887A-02
1 creating s. 240.4992, F.S.; providing for
2 ethics in business scholarships; authorizing
3 the State Board of Education to adopt rules;
4 creating s. 240.4993, F.S.; providing for a
5 Florida Work Experience Program; providing for
6 eligibility; requiring the department to adopt
7 rules; reenacting and amending s. 240.501,
8 F.S.; revising provisions authorizing the Board
9 of Trustees of the University of Florida to
10 receive grants of money appropriated under a
11 specified Act of Congress; requiring that
12 agricultural and home economics extension work
13 be carried on in connection with the Institute
14 of Food and Agricultural Sciences; repealing s.
15 240.503, F.S., relating to assent by the
16 Legislature to receive certain grants; creating
17 s. 240.504, F.S.; providing the assent of the
18 Legislature to provisions of a specified Act of
19 Congress; authorizing the Board of Trustees of
20 Florida Agricultural and Mechanical University
21 to receive certain grants; reenacting and
22 amending s. 240.505, F.S.; providing for the
23 administration of and program support for the
24 Florida Cooperative Extension Service;
25 providing for extension agents to be appointed
26 as faculty members; providing for joint
27 employment and personnel policies; requiring
28 availability of certain program materials;
29 reenacting and amending s. 240.507, F.S.;
30 authorizing the Institute of Food and
31 Agricultural Sciences to pay the employer's
34
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Florida Senate - 2002 CS for SB 1564
304-1887A-02
1 share of certain required premiums; reenacting
2 s. 240.5095, F.S., relating to research and
3 development programs funded by pari-mutual
4 wagering revenues; reenacting and amending s.
5 240.511, F.S.; authorizing acceptance of
6 certain federal appropriations for the
7 Institute of Food and Agricultural Sciences;
8 reenacting and amending s. 240.5111, F.S.,
9 relating to the Multidisciplinary Center for
10 Affordable Housing; conforming provisions to
11 changes made by the act; reenacting and
12 amending ss. 240.512, 240.5121, F.S.; revising
13 certain provisions for use of lands and
14 facilities on the campus of the University of
15 South Florida; revising requirements for the
16 not-for-profit corporation operating the H. Lee
17 Moffitt Cancer Center and Research Institute;
18 establishing an approval process for
19 not-for-profit corporate subsidiaries;
20 providing conditions for sovereign immunity for
21 the not-for-profit corporation and its
22 subsidiaries; providing duties of a chief
23 executive officer; providing duties of the
24 State Board of Education; conforming provisions
25 to changes made by the act; authorizing the
26 State Board of Education to adopt rules;
27 reenacting and amending s. 240.513, F.S.,
28 relating to the J. Hillis Miller Health Center
29 at the University of Florida; including
30 additional teaching hospitals as part of the
31 center; providing duties of the university
35
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Florida Senate - 2002 CS for SB 1564
304-1887A-02
1 board of trustees; conforming provisions to
2 changes made by the act; reenacting and
3 amending s. 240.5135, F.S., relating to Shands
4 Jacksonville Healthcare, Inc.; authorizing the
5 Board of Trustees of the University of Florida
6 to secure liability coverage; eliminating
7 references to the Board of Regents; reenacting
8 and amending s. 240.514, F.S.; eliminating
9 authorization of the Louis De La Parte Florida
10 Mental Health Institute to use the pay plan of
11 the State University System; reenacting s.
12 240.515, F.S., relating to the Florida Museum
13 of Natural History; reenacting s. 240.516,
14 F.S., relating to vertebrate paleontological
15 sites and remains; reenacting s. 240.5161,
16 F.S., relating to the program of vertebrate
17 paleontology within the Florida Museum of
18 Natural History; reenacting and amending s.
19 240.5162, F.S., relating to field investigation
20 permits; conforming a cross-reference;
21 reenacting s. 240.5163, F.S., relating to the
22 preservation of certain rights of mine or
23 quarry operators and dragline or heavy
24 equipment operations; reenacting and amending
25 s. 240.517, F.S., relating to the furnishing of
26 books by the Clerk of the Supreme Court;
27 eliminating references to the Board of Regents;
28 reenacting s. 240.518, F.S., relating to the
29 Historically Black College and University
30 Library Improvement Program; amending s.
31 240.5185, F.S.; providing for small grants to
36
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Florida Senate - 2002 CS for SB 1564
304-1887A-02
1 faith-based organizations for partnerships with
2 universities and colleges; eliminating obsolete
3 reporting requirements; repealing s.
4 240.5186(10), F.S., relating to the community
5 computer access grant program; eliminating
6 obsolete reporting requirements; repealing ss.
7 240.519, 240.52, F.S., relating to a school of
8 optometry and collections management for
9 museums and galleries of the State University
10 System; reenacting and amending s. 240.527,
11 F.S., relating to the University of South
12 Florida at St. Petersburg; providing duties of
13 the State Board of Education; eliminating
14 obsolete funding requirements; providing
15 rulemaking authority; amending s. 240.5275,
16 F.S., relating to the University of South
17 Florida Sarasota/Manatee; conforming provisions
18 to changes made by the act; providing
19 rulemaking authority; amending s. 240.5277,
20 F.S., relating to New College of Florida;
21 conforming provisions; providing that the
22 student body president is an ex officio, voting
23 member of the board of trustees; amending s.
24 240.5278, F.S.; revising requirements for
25 certain policies of St. Petersburg College;
26 providing duties of the State Board of
27 Education; requiring that the Commissioner of
28 Education resolve issues involving
29 upper-division students; eliminating obsolete
30 provisions; repealing ss. 240.528, 240.5285,
31 F.S., relating to the Broward County campuses
37
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Florida Senate - 2002 CS for SB 1564
304-1887A-02
1 of Florida Atlantic University and the Florida
2 Atlantic University campuses; reenacting and
3 amending s. 240.529, F.S., relating to public
4 accountability and state approval for teacher
5 preparation programs; eliminating obsolete
6 provisions; authorizing colleges to establish
7 preteacher and teacher education pilot
8 programs; repealing ss. 240.52901, 240.5291,
9 240.53, F.S., relating to rules for teaching
10 students with limited English proficiency,
11 teaching profession enhancement grants, and
12 postdoctoral programs to train faculty to
13 provide middle childhood education training and
14 technical assistance; reenacting and amending
15 s. 240.531, F.S.; providing for governance of
16 educational research centers by the university
17 board of trustees rather than the Board of
18 Regents; authorizing boards of trustees to
19 adopt rules; authorizing funding using a
20 portion of the Capital Improvement Trust Fund;
21 reenacting and amending s. 240.5321, F.S.;
22 requiring the State Board of Education rather
23 than the Board of Regents to establish a Center
24 for Brownfield Rehabilitation Assistance;
25 reenacting and amending s. 240.5325, F.S.;
26 providing duties of the State Board of
27 Education and the Commissioner of Education
28 with respect to research activities relating to
29 solid and hazardous waste management;
30 eliminating obsolete provisions; repealing s.
31 240.5326, F.S., relating to research protocols
38
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Florida Senate - 2002 CS for SB 1564
304-1887A-02
1 to determine the most appropriate pollutant
2 dispersal agents; reenacting s. 240.5329, F.S.,
3 relating to the Florida LAKEWATCH Program;
4 reenacting and amending s. 240.533, F.S.;
5 creating the Council on Equity in Athletics
6 from among the state universities and colleges;
7 requiring the Commissioner of Education to
8 serve as chair of the council; providing for
9 membership on the council; requiring the State
10 Board of Education to determine the level of
11 funding and support for women's intercollegiate
12 athletics; requiring gender equity plans;
13 eliminating obsolete provisions; repealing ss.
14 240.5339, 240.5340, 240.5341, 240.5342,
15 240.5343, 240.5344, 240.5345, 240.5346,
16 240.5347, 240.5348, 240.5349, F.S., relating to
17 the Collegiate Athletic Association Compliance
18 Enforcement Procedures Act; reenacting and
19 amending s. 240.535, F.S.; assigning the New
20 World School of the Arts to the State Board of
21 Education and other entities; conforming
22 provisions to changes made by the act;
23 repealing ss. 240.539, 240.540, 240.541, F.S.,
24 relating to advanced technology research, the
25 incubator facilities program, and postsecondary
26 education programs of excellence; amending s.
27 240.551, F.S., relating to the Florida Prepaid
28 College Program; conforming provisions to
29 changes made by the act; including certain
30 colleges within state postsecondary
31 institutions; providing for the Attorney
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1 General, the Chief Financial Officer, the
2 Director of the Division of Colleges and
3 Universities, and the Director of the Division
4 of Community Colleges to be members of the
5 Florida Prepaid College Board; requiring the
6 Chief Financial Officer to approve qualified
7 public depositories; providing for strategic
8 alliances with certain entities; reenacting s.
9 240.552, F.S., relating to the Florida Prepaid
10 Tuition Scholarship Program; reenacting and
11 amending s. 240.553, F.S.; authorizing the
12 Florida College Savings Program Board to
13 establish agreements with colleges; authorizing
14 alliances with certain entities; repealing ss.
15 240.6045, 240.605, 240.6054, 240.606, F.S.,
16 relating to the limited-access competitive
17 grant program, William L. Boyd, IV, Florida
18 resident access grants, ethics in business
19 scholarships, and the Florida Work Experience
20 Program; reenacting and amending s. 240.607,
21 F.S.; authorizing community college boards of
22 trustees to develop and sign articulation
23 agreements; eliminating obsolete provisions;
24 repealing ss. 240.6071, 240.6072, 240.6073,
25 240.6074, 240.6075, 240.609, F.S., relating to
26 the occupational therapist or physical
27 therapist critical shortage program, a student
28 loan forgiveness program, a scholarship loan
29 program, a tuition reimbursement program, and
30 postsecondary endowment grants; reenacting and
31 amending s. 240.61, F.S., relating to the
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1 college reach-out program; conforming
2 provisions to changes made by the act;
3 eliminating a requirement that the State Board
4 of Education give preference to a program that
5 identifies participants from among students who
6 are not already enrolled in similar programs;
7 eliminating a requirement that certain
8 appropriations be for initiatives and
9 performances; revising the membership of the
10 advisory council; requiring that the
11 Commissioner of Education appoint members to
12 the advisory council unless otherwise provided;
13 authorizing representation from the Council for
14 Education Policy Research and Improvement,
15 state colleges, universities, community
16 colleges, and equal opportunity coordinators;
17 revising reporting requirements; eliminating
18 funding requirements; reenacting s. 240.631,
19 F.S., relating to the Institute for
20 Nonviolence; reenacting and amending s.
21 240.632, F.S.; requiring the State Board of
22 Education to establish the Institute for
23 Nonviolence; revising membership of the
24 advisory board; reenacting ss. 240.633,
25 240.634, F.S., relating to the powers and
26 duties of the Institute for Nonviolence and
27 institute fellowships; reenacting and amending
28 s. 240.636, F.S., relating to research of the
29 Rosewood incident; eliminating obsolete
30 provisions; reenacting and amending s. 240.70,
31 F.S.; including state colleges in provisions
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1 for courses to assist substance-abuse
2 recognition and referral; reenacting and
3 amending s. 240.701, F.S.; including state
4 colleges in provisions establishing incentives
5 for internships for disadvantaged areas;
6 reenacting and amending s. 240.702, F.S.;
7 authorizing the Commissioner of Education to
8 designate a conflict resolution consortium
9 center; eliminating obsolete provisions;
10 reenacting and amending s. 240.705, F.S.;
11 authorizing colleges to participate in
12 partnerships to develop child protection
13 workers; reenacting and amending s. 240.706,
14 F.S., relating to the Leadership Board for
15 Applied Public Services; conforming provisions
16 to changes made by the act; reenacting and
17 amending s. 240.709, F.S.; including state
18 colleges in provisions creating the Institute
19 on Urban Policy and Commerce; amending s.
20 240.710, F.S.; authorizing the State Board of
21 Education to create the Digital Media Education
22 Coordination Group; eliminating obsolete
23 provisions; amending ss. 240.7101, 240.7105,
24 F.S., relating to the colleges of law at
25 Florida International University and Florida
26 Agricultural and Mechanical University;
27 conforming provisions to changes made by the
28 act; amending s. 240.711, 242.3305, F.S.,
29 relating to the Ringling Center for Cultural
30 Arts and the School for the Deaf and the Blind;
31 conforming cross-references; amending ss.
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1 243.01, 243.105, 243.141, 243.151, F.S.,
2 relating to the educational institutions law;
3 providing for the State Board of Education to
4 assume the duties of the former Board of
5 Regents; eliminating obsolete references;
6 authorizing university and college boards of
7 trustees to enter into certain agreements to
8 lease land, purchase, or lease-purchase certain
9 lands, facilities, and related improvements;
10 providing that all agreements executed by the
11 former Board of Regents for certain purposes
12 are validated, ratified, and confirmed;
13 amending s. 243.52, F.S.; revising definitions
14 governing the funding of educational facilities
15 to conform to changes made by the act; amending
16 s. 282.005, F.S., relating to information
17 resources management; assigning certain
18 functions to the boards of trustees of
19 universities, colleges, and community colleges;
20 amending ss. 282.103, 282.105, F.S.; requiring
21 state universities, colleges, and other
22 entities to use SUNCOM; amending s. 282.106,
23 F.S.; providing for SUNCOM service to the
24 libraries of state colleges and universities;
25 amending s. 282.3031, F.S.; assigning functions
26 of information resources management to boards
27 of trustees of universities, colleges, and
28 community colleges; amending ss. 282.3063,
29 282.310, F.S.; eliminating a requirement that
30 the State University System submit a specified
31 planning and management report to the State
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1 Technology Office; requiring that an annual
2 report include such planning and management
3 information from annual reports prepared by the
4 university and college boards of trustees and
5 the community college district boards of
6 trustees; eliminating obsolete provisions;
7 amending s. 284.34, F.S.; excluding
8 professional medical liability and nuclear
9 energy liability of the university boards of
10 trustees from the State Risk Management Trust
11 Fund; eliminating obsolete provisions; amending
12 s. 287.042, F.S., relating to state purchasing;
13 conforming a cross-reference to changes made by
14 the act; amending s. 447.203, F.S.;
15 establishing the university and college boards
16 of trustees as a public employer rather than
17 the former Board of Regents; eliminating
18 provisions authorizing graduate assistants as
19 nonpublic employees; providing that the
20 university or college board of trustees is the
21 legislative body for purposes of collective
22 bargaining; providing requirements for
23 selecting a student representative for
24 collective bargaining purposes; amending s.
25 447.301, F.S.; eliminating provisions
26 authorizing reimbursement for university
27 representatives for travel and per diem
28 expenses from student activity fees; amending
29 s. 447.403, F.S.; revising provisions for
30 resolving disputes involving a collective
31
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1 bargaining agreement; eliminating obsolete
2 provisions; providing effective dates.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Section 11.061, Florida Statutes, is
7 amended to read:
8 11.061 State, university, college, and community
9 college employee lobbyists; registration; recording
10 attendance; penalty; exemptions.--
11 (1) Any person employed by any executive, judicial, or
12 quasi-judicial department of the state or community college,
13 college, or university of the state who seeks to encourage the
14 passage, defeat, or modification of any legislation by
15 personal appearance or attendance before the House of
16 Representatives or the Senate, or any committee thereof,
17 shall, prior thereto, register as a lobbyist with the joint
18 legislative office on a form to be provided by the joint
19 legislative office in the same manner as any other lobbyist is
20 required to register, whether by rule of either house or
21 otherwise. This shall not preclude any person from contacting
22 her or his legislator regarding any matter during hours other
23 than the established business hours of the person's respective
24 agency, university, college, or community college.
25 (2)(a) Each state, university, college, or community
26 college employee or employee of a community college registered
27 pursuant to the provisions of this section shall:
28 1. Record with the chair of the committee any
29 attendance before any committee during established business
30 hours of the agency, university, college, or community college
31 employing the person.
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1 2. Record with the joint legislative office any
2 attendance in the legislative chambers, committee rooms,
3 legislative offices, legislative hallways, and other areas in
4 the immediate vicinity during the established business hours
5 of the agency, university, college, or community college
6 employing the person.
7 (b) Any person who appears before a committee or
8 subcommittee of the House of Representatives or the Senate at
9 the request of the committee or subcommittee chair as a
10 witness or for informational purposes shall be exempt from the
11 provisions of this subsection.
12 (3) Any state, university, college, or community
13 college employee or employee of a community college who
14 violates any provision of this section by not registering with
15 the joint legislative office as a lobbyist or by failing to
16 record hours spent as a lobbyist in areas and activities as
17 set forth in this section during the established business
18 hours of the agency, university, college, or community college
19 employing the person shall have deducted from her or his
20 salary an amount equivalent to her or his hourly wage times
21 the number of hours that she or he was in violation of this
22 section.
23 (4) Any person employed by any executive, judicial, or
24 quasi-judicial department of the state or by any community
25 college, college, or university of the state whose position is
26 designated in that department's budget as being used during
27 all, or a portion of, the fiscal year for lobbying shall
28 comply with the provisions of subsection (1), but shall be
29 exempt from the provisions of subsections (2) and (3).
30 Section 2. Paragraphs (a), (b), and (c) of subsection
31 (2) of section 11.062, Florida Statutes, are amended to read:
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1 11.062 Use of state funds for lobbying prohibited;
2 penalty.--
3 (2)(a) A department of the executive branch, a state
4 university, a state college, a community college, or a water
5 management district may not use public funds to retain a
6 lobbyist to represent it before the legislative or executive
7 branch. However, full-time employees of a department of the
8 executive branch, a state university, a state college, a
9 community college, or a water management district may register
10 as lobbyists and represent that employer before the
11 legislative or executive branch. Except as a full-time
12 employee, a person may not accept any public funds from a
13 department of the executive branch, a state university, a
14 state college, a community college, or a water management
15 district for lobbying.
16 (b) A department of the executive branch, a state
17 university, a state college, a community college, or a water
18 management district that violates this subsection may be
19 prohibited from lobbying the legislative or executive branch
20 for a period not exceeding 2 years.
21 (c) This subsection shall not be construed to prohibit
22 a department of the executive branch, a state university, a
23 state college, a community college, or a water management
24 district from retaining a lobbyist for purposes of
25 representing the entity before the executive or legislative
26 branch of the Federal Government. Further, any person so
27 retained is not subject to the prohibitions of this
28 subsection.
29 Section 3. Paragraphs (b), (c), (f), (g), and (h) of
30 subsection (2) of section 110.123, Florida Statutes, are
31 amended to read:
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1 110.123 State group insurance program.--
2 (2) DEFINITIONS.--As used in this section, the term:
3 (b) "Enrollee" means all state officers and employees,
4 retired state officers and employees, surviving spouses of
5 deceased state officers and employees, and terminated
6 employees or individuals with continuation coverage who are
7 enrolled in an insurance plan offered by the state group
8 insurance program. "Enrollee" includes all state university
9 and college officers and employees, retired state university
10 and college officers and employees, surviving spouses of
11 deceased state university and college officers and employees,
12 and terminated university and college employees or individuals
13 with continuation coverage who are enrolled in an insurance
14 plan offered by the state group insurance program.
15 (c) "Full-time state employees" includes all full-time
16 employees of all branches or agencies of state government
17 holding salaried positions and paid by state warrant or from
18 agency funds, and employees paid from regular salary
19 appropriations for 8 months' employment, including university
20 personnel on academic contracts, but in no case shall "state
21 employee" or "salaried position" include persons paid from
22 other-personal-services (OPS) funds. "Full-time employees"
23 includes all full-time employees of the state universities and
24 colleges.
25 (f) "Part-time state employee" means any employee of
26 any branch or agency of state government paid by state warrant
27 from salary appropriations or from agency funds, and who is
28 employed for less than the normal full-time workweek
29 established by the department or, if on academic contract or
30 seasonal or other type of employment which is less than
31 year-round, is employed for less than 8 months during any
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1 12-month period, but in no case shall "part-time" employee
2 include a person paid from other-personal-services (OPS)
3 funds. "Part-time state employee" includes any part-time
4 employee of the state universities and colleges.
5 (g) "Retired state officer or employee" or "retiree"
6 means any state, university, or college officer or state,
7 university, or college employee who retires under a state
8 retirement system or a state optional annuity or retirement
9 program or is placed on disability retirement, and who was
10 insured under the state group insurance program at the time of
11 retirement, and who begins receiving retirement benefits
12 immediately after retirement from state, university, or
13 college office or employment.
14 (h) "State agency" or "agency" means any branch,
15 department, or agency of state government. "State agency" or
16 "agency" includes any state university or college for purposes
17 of this section only.
18 Section 4. Subsection (6) of section 120.52, Florida
19 Statutes, is amended to read:
20 120.52 Definitions.--As used in this act:
21 (6) "Educational unit" means a local school district,
22 a community college district, the Florida School for the Deaf
23 and the Blind, a state university, or a state college or a
24 unit of the State University System other than the Board of
25 Regents.
26 Section 5. Paragraph (a) of subsection (1) and
27 paragraph (a) of subsection (4) of section 120.55, Florida
28 Statutes, are amended to read:
29 120.55 Publication.--
30 (1) The Department of State shall:
31
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1 (a)1. Publish in a permanent compilation entitled
2 "Florida Administrative Code" all rules adopted by each
3 agency, citing the specific rulemaking authority pursuant to
4 which each rule was adopted, all history notes as authorized
5 in s. 120.545(9), and complete indexes to all rules contained
6 in the code. Supplementation shall be made as often as
7 practicable, but at least monthly. The department may
8 contract with a publishing firm for the publication, in a
9 timely and useful form, of the Florida Administrative Code;
10 however, the department shall retain responsibility for the
11 code as provided in this section. This publication shall be
12 the official compilation of the administrative rules of this
13 state. The Department of State shall retain the copyright
14 over the Florida Administrative Code.
15 2. Rules general in form but applicable to only one
16 school district, community college district, or county, or a
17 part thereof, or university or college rules relating to
18 internal personnel or business and finance shall not be
19 published in the Florida Administrative Code. Exclusion from
20 publication in the Florida Administrative Code shall not
21 affect the validity or effectiveness of such rules.
22 3. At the beginning of the section of the code dealing
23 with an agency that files copies of its rules with the
24 department, the department shall publish the address and
25 telephone number of the executive offices of each agency, the
26 manner by which the agency indexes its rules, a listing of all
27 rules of that agency excluded from publication in the code,
28 and a statement as to where those rules may be inspected.
29 4. Forms shall not be published in the Florida
30 Administrative Code; but any form which an agency uses in its
31 dealings with the public, along with any accompanying
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1 instructions, shall be filed with the committee before it is
2 used. Any form or instruction which meets the definition of
3 "rule" provided in s. 120.52 shall be incorporated by
4 reference into the appropriate rule. The reference shall
5 specifically state that the form is being incorporated by
6 reference and shall include the number, title, and effective
7 date of the form and an explanation of how the form may be
8 obtained.
9 (4)(a) Each year the Department of State shall furnish
10 the Florida Administrative Weekly, without charge and upon
11 request, as follows:
12 1. One subscription to each federal and state court
13 having jurisdiction over the residents of the state; the
14 Legislative Library; each state university library; each state
15 college; the State Library; each depository library designated
16 pursuant to s. 257.05; and each standing committee of the
17 Senate and House of Representatives and each state legislator.
18 2. Two subscriptions to each state department.
19 3. Three subscriptions to the library of the Supreme
20 Court of Florida, the library of each state district court of
21 appeal, the division, the library of the Attorney General,
22 each law school library in Florida, the Secretary of the
23 Senate, and the Clerk of the House of Representatives.
24 4. Ten subscriptions to the committee.
25 Section 6. Paragraphs (e) and (g) of subsection (1) of
26 section 120.81, Florida Statutes, are amended to read:
27 120.81 Exceptions and special requirements; general
28 areas.--
29 (1) EDUCATIONAL UNITS.--
30 (e) Educational units, other than the state
31 universities and colleges units of the State University System
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1 and the Florida School for the Deaf and the Blind, shall not
2 be required to make filings with the committee of the
3 documents required to be filed by s. 120.54 or s.
4 120.55(1)(a)4.
5 (g) Sections 120.569 and 120.57 do not apply to any
6 proceeding in which the substantial interests of a student are
7 determined by a state university, a state college the State
8 University System or a community college district. Each
9 university and college board of trustees The Board of Regents
10 shall establish a committee, at least half of whom shall be
11 appointed by the student government association Council of
12 Student Body Presidents, which shall establish rules and
13 guidelines ensuring fairness and due process in judicial
14 proceedings involving students in the state university or
15 college State University System.
16 Section 7. Section 231.621, Florida Statutes, is
17 repealed.
18 Section 8. Notwithstanding subsection (7) of section 3
19 of chapter 2000-321, Laws of Florida, section 239.117, Florida
20 Statutes, shall not stand repealed January 7, 2003, as
21 scheduled by that law, but that section is reenacted and
22 amended to read:
23 239.117 Workforce development postsecondary student
24 fees.--
25 (1) This section applies to students enrolled in
26 workforce development programs who are reported for funding
27 through the Workforce Development Education Fund, except that
28 college credit fees for the community colleges are governed by
29 s. 240.35.
30 (2) All students shall be charged fees except students
31 who are exempt from fees or students whose fees are waived.
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1 (3) The following students are exempt from any
2 requirement for the payment of registration, matriculation,
3 and laboratory fees for adult basic, adult secondary, or
4 vocational-preparatory instruction:
5 (a) A student who does not have a high school diploma
6 or its equivalent.
7 (b) A student who has a high school diploma or its
8 equivalent and who has academic skills at or below the eighth
9 grade level pursuant to state board rule. A student is
10 eligible for this exemption from fees if the student's skills
11 are at or below the eighth grade level as measured by a test
12 administered in the English language and approved by the
13 Department of Education, even if the student has skills above
14 that level when tested in the student's native language.
15 (4) The following students are exempt from the payment
16 of registration, matriculation, and laboratory fees:
17 (a) A student enrolled in a dual enrollment or early
18 admission program pursuant to s. 239.241.
19 (b) A student enrolled in an approved apprenticeship
20 program, as defined in s. 446.021.
21 (c) A student for whom the state is paying a foster
22 care board payment pursuant to s. 409.145(3) or pursuant to
23 parts II and III of chapter 39, for whom the permanency
24 planning goal pursuant to part III of chapter 39 is long-term
25 foster care or independent living, or who is adopted from the
26 Department of Children and Family Services after May 5, 1997.
27 Such exemption includes fees associated with enrollment in
28 vocational-preparatory instruction and completion of the
29 college-level communication and computation skills testing
30 program. Such exemption shall be available to any student
31 adopted from the Department of Children and Family Services
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1 after May 5, 1997; however, the exemption shall be valid for
2 no more than 4 years after the date of graduation from high
3 school.
4 (d) A student enrolled in an employment and training
5 program under the welfare transition program. The regional
6 workforce board shall pay the community college or school
7 district for costs incurred for welfare transition program
8 participants.
9 (e) A student who lacks a fixed, regular, and adequate
10 nighttime residence or whose primary nighttime residence is a
11 public or private shelter designed to provide temporary
12 residence for individuals intended to be institutionalized, or
13 a public or private place not designed for, or ordinarily used
14 as, a regular sleeping accommodation for human beings.
15 (f) A student who is a proprietor, owner, or worker of
16 a company whose business has been at least 50 percent
17 negatively financially impacted by the buy-out of property
18 around Lake Apopka by the State of Florida. Such a student may
19 receive a fee exemption only if the student has not received
20 compensation because of the buy-out, the student is designated
21 a Florida resident for tuition purposes, pursuant to s.
22 240.1201, and the student has applied for and been denied
23 financial aid, pursuant to s. 240.404, which would have
24 provided, at a minimum, payment of all student fees. The
25 student is responsible for providing evidence to the
26 postsecondary education institution verifying that the
27 conditions of this paragraph have been met, including support
28 documentation provided by the Department of Revenue. The
29 student must be currently enrolled in, or begin coursework
30 within, a program area by fall semester 2000. The exemption
31 is valid for a period of 4 years from the date that the
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1 postsecondary education institution confirms that the
2 conditions of this paragraph have been met.
3 (3)(5) School districts and community colleges may
4 waive fees for any fee-nonexempt student. The total value of
5 fee waivers granted by the school district or community
6 college may not exceed the amount established annually in the
7 General Appropriations Act. Any student whose fees are waived
8 in excess of the authorized amount may not be reported for
9 state funding purposes. Any school district or community
10 college that waives fees and requests state funding for a
11 student in violation of the provisions of this section shall
12 be penalized at a rate equal to 2 times the value of the
13 full-time student enrollment reported.
14 (4)(6)(a) The Commissioner of Education shall provide
15 to the State Board of Education no later than December 31 of
16 each year a schedule of fees for workforce development
17 education, excluding continuing workforce education, for
18 school districts and community colleges. The fee schedule
19 shall be based on the amount of student fees necessary to
20 produce 25 percent of the prior year's average cost of a
21 course of study leading to a certificate or diploma. At the
22 discretion of a school board or a community college, this fee
23 schedule may be implemented over a 3-year period, with full
24 implementation in the 1999-2000 school year. In years
25 preceding that year, if fee increases are necessary for some
26 programs or courses, the fees shall be raised in increments
27 designed to lessen their impact upon students already
28 enrolled. Fees for students who are not residents for tuition
29 purposes must offset the full cost of instruction.
30 Fee-nonexempt students enrolled in vocational-preparatory
31 instruction shall be charged fees equal to the fees charged
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1 for certificate career education instruction. Each community
2 college that conducts college-preparatory and
3 vocational-preparatory instruction in the same class section
4 may charge a single fee for both types of instruction.
5 (b) Fees for continuing workforce education shall be
6 locally determined by the school board or community college.
7 However, at least 50 percent of the expenditures for the
8 continuing workforce education program provided by the
9 community college or school district must be derived from
10 fees.
11 (c) The State Board of Education shall adopt a fee
12 schedule for school districts that produces the fee revenues
13 calculated pursuant to paragraph (a). The schedule so
14 calculated shall take effect, unless otherwise specified in
15 the General Appropriations Act.
16 (d) The State Board of Education shall adopt, by rule,
17 the definitions and procedures that school boards shall use in
18 the calculation of cost borne by students.
19 (5)(7) Each year the State Board of Community Colleges
20 shall review and evaluate the percentage of the cost of adult
21 programs and certificate career education programs supported
22 through student fees. For students who are residents for
23 tuition purposes, the schedule so adopted must produce
24 revenues equal to 25 percent of the prior year's average
25 program cost for college-preparatory and certificate-level
26 workforce development programs. Fees for continuing workforce
27 education shall be locally determined by the school board or
28 community college. However, at least 50 percent of the
29 expenditures for the continuing workforce education program
30 provided by the community college or school district must be
31
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1 derived from fees. Fees for students who are not residents for
2 tuition purposes must offset the full cost of instruction.
3 (6)(8) Each school board and community college board
4 of trustees may establish a separate fee for financial aid
5 purposes in an additional amount of up to 10 percent of the
6 student fees collected for workforce development programs
7 funded through the Workforce Development Education Fund. All
8 fees collected shall be deposited into a separate workforce
9 development student financial aid fee trust fund of the
10 district or community college to support students enrolled in
11 workforce development programs. Any undisbursed balance
12 remaining in the trust fund and interest income accruing to
13 investments from the trust fund shall increase the total funds
14 available for distribution to workforce development education
15 students. Awards shall be based on student financial need and
16 distributed in accordance with a nationally recognized system
17 of need analysis approved by the State Board for Career
18 Education. Fees collected pursuant to this subsection shall be
19 allocated in an expeditious manner.
20 (7)(9) The State Board of Education and the State
21 Board of Community Colleges shall adopt rules to allow the
22 deferral of registration and tuition fees for students
23 receiving financial aid from a federal or state assistance
24 program when such aid is delayed in being transmitted to the
25 student through circumstances beyond the control of the
26 student. The failure to make timely application for such aid
27 is an insufficient reason to receive a deferral of fees. The
28 rules must provide for the enforcement and collection or other
29 settlement of delinquent accounts.
30 (8)(10) Any veteran or other eligible student who
31 receives benefits under chapter 30, chapter 31, chapter 32,
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1 chapter 34, or chapter 35 of Title 38, U.S.C., or chapter 106
2 of Title 10, U.S.C., is entitled to one deferment each
3 academic year and an additional deferment each time there is a
4 delay in the receipt of benefits.
5 (9)(11) Each school district and community college
6 shall be responsible for collecting all deferred fees. If a
7 school district or community college has not collected a
8 deferred fee, the student may not earn state funding for any
9 course for which the student subsequently registers until the
10 fee has been paid.
11 (10)(12) Any school district or community college that
12 reports students who have not paid fees in an approved manner
13 in calculations of full-time equivalent enrollments for state
14 funding purposes shall be penalized at a rate equal to 2 times
15 the value of such enrollments. Such penalty shall be charged
16 against the following year's allocation from the Florida
17 Workforce Development Education Fund or the Community College
18 Program Fund and shall revert to the General Revenue Fund.
19 The State Board of Education shall specify, in rule, approved
20 methods of student fee payment. Such methods must include,
21 but need not be limited to, student fee payment; payment
22 through federal, state, or institutional financial aid; and
23 employer fee payments.
24 (11)(13) Each school district and community college
25 shall report only those students who have actually enrolled in
26 instruction provided or supervised by instructional personnel
27 under contract with the district or community college in
28 calculations of actual full-time enrollments for state funding
29 purposes. A student who has been exempted from taking a
30 course or who has been granted academic or vocational credit
31 through means other than actual coursework completed at the
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1 granting institution may not be calculated for enrollment in
2 the course from which the student has been exempted or for
3 which the student has been granted credit. School districts
4 and community colleges that report enrollments in violation of
5 this subsection shall be penalized at a rate equal to 2 times
6 the value of such enrollments. Such penalty shall be charged
7 against the following year's allocation from the Workforce
8 Development Education Fund and shall revert to the General
9 Revenue Fund.
10 (12)(14) School boards and community college boards of
11 trustees may establish scholarship funds using donations. If
12 such funds are established, school boards and community
13 college boards of trustees shall adopt rules that provide for
14 the criteria and methods for awarding scholarships from the
15 fund.
16 (13)(15) Each school board and community college board
17 of trustees may establish a separate fee for capital
18 improvements, technology enhancements, or equipping buildings
19 which may not exceed 5 percent of the matriculation fee for
20 resident students or 5 percent of the matriculation and
21 tuition fee for nonresident students. Funds collected by
22 community colleges through these fees may be bonded only for
23 the purpose of financing or refinancing new construction and
24 equipment, renovation, or remodeling of educational
25 facilities. The fee shall be collected as a component part of
26 the registration and tuition fees, paid into a separate
27 account, and expended only to construct and equip, maintain,
28 improve, or enhance the certificate career education or adult
29 education facilities of the school district or community
30 college. Projects funded through the use of the capital
31 improvement fee must meet the survey and construction
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1 requirements of chapter 235. Pursuant to s. 216.0158, each
2 school board and community college board of trustees shall
3 identify each project, including maintenance projects,
4 proposed to be funded in whole or in part by such fee. Capital
5 improvement fee revenues may be pledged by a board of trustees
6 as a dedicated revenue source to the repayment of debt,
7 including lease-purchase agreements and revenue bonds, with a
8 term not to exceed 20 years, and not to exceed the useful life
9 of the asset being financed, only for the new construction and
10 equipment, renovation, or remodeling of educational
11 facilities. Community colleges may use the services of the
12 Division of Bond Finance of the State Board of Administration
13 to issue any bonds authorized through the provisions of this
14 subsection. Any such bonds issued by the Division of Bond
15 Finance shall be in compliance with the provisions of the
16 State Bond Act. Bonds issued pursuant to the State Bond Act
17 shall be validated in the manner provided by chapter 75. The
18 complaint for such validation shall be filed in the circuit
19 court of the county where the seat of state government is
20 situated, the notice required to be published by s. 75.06
21 shall be published only in the county where the complaint is
22 filed, and the complaint and order of the circuit court shall
23 be served only on the state attorney of the circuit in which
24 the action is pending. A maximum of 15 cents per credit hour
25 may be allocated from the capital improvement fee for child
26 care centers conducted by the school board or community
27 college board of trustees.
28 (14)(16) Community colleges and district school boards
29 are not authorized to charge students enrolled in workforce
30 development programs any fee that is not specifically
31 authorized by statute. In addition to matriculation, tuition,
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1 financial aid, capital improvement, and technology fees, as
2 authorized in this section, community colleges and district
3 school boards are authorized to establish fee schedules for
4 the following user fees and fines: laboratory fees; parking
5 fees and fines; library fees and fines; fees and fines
6 relating to facilities and equipment use or damage; access or
7 identification card fees; duplicating, photocopying, binding,
8 or microfilming fees; standardized testing fees; diploma
9 replacement fees; transcript fees; application fees;
10 graduation fees; and late fees related to registration and
11 payment. Such user fees and fines shall not exceed the cost of
12 the services provided and shall only be charged to persons
13 receiving the service. Parking fee revenues may be pledged by
14 a community college board of trustees as a dedicated revenue
15 source for the repayment of debt, including lease-purchase
16 agreements and revenue bonds with terms not exceeding 20 years
17 and not exceeding the useful life of the asset being financed.
18 Community colleges shall use the services of the Division of
19 Bond Finance of the State Board of Administration to issue any
20 revenue bonds authorized by the provisions of this subsection.
21 Any such bonds issued by the Division of Bond Finance shall be
22 in compliance with the provisions of the State Bond Act. Bonds
23 issued pursuant to the State Bond Act shall be validated in
24 the manner established in chapter 75. The complaint for such
25 validation shall be filed in the circuit court of the county
26 where the seat of state government is situated, the notice
27 required to be published by s. 75.06 shall be published only
28 in the county where the complaint is filed, and the complaint
29 and order of the circuit court shall be served only on the
30 state attorney of the circuit in which the action is pending.
31
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1 (15)(17) Each district school board and community
2 college district board of trustees is authorized to establish
3 specific fees for workforce development instruction not
4 reported for state funding purposes or for workforce
5 development instruction not reported as state funded full-time
6 equivalent students. District school boards and district
7 boards of trustees are not required to charge any other fee
8 specified in this section for this type of instruction.
9 (16)(18) Each district school board and community
10 college district board of trustees is authorized to establish
11 a separate fee for technology, not to exceed $1.80 per credit
12 hour or credit-hour equivalent for resident students and not
13 more than $5.40 per credit hour or credit-hour equivalent for
14 nonresident students, or the equivalent, to be expended in
15 accordance with technology improvement plans. The technology
16 fee may apply only to associate degree programs and courses.
17 Fifty percent of technology fee revenues may be pledged by a
18 community college board of trustees as a dedicated revenue
19 source for the repayment of debt, including lease-purchase
20 agreements, not to exceed the useful life of the asset being
21 financed. Revenues generated from the technology fee may not
22 be bonded.
23 Section 9. Notwithstanding subsection (7) of section 3
24 of chapter 2000-321, Laws of Florida, section 240.105, Florida
25 Statutes, shall not stand repealed January 7, 2003, as
26 scheduled by that law, but that section is reenacted and
27 amended to read:
28 (Substantial rewording of section. See
29 s. 240.105, F.S., for present text.)
30 240.105 Statement of purpose and mission.--
31
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1 (1) The Legislature finds that postsecondary education
2 is an integral part of the systemwide support structure that
3 upholds the principles of Florida's educational mission. Under
4 these principles, postsecondary education is to maintain
5 effective coordination with other levels and sectors of
6 education, center its efforts and accomplishments on students,
7 continuously improve student access and equity, and promote
8 accountability for student achievement and improvement to the
9 highest possible level of academic excellence. This level of
10 excellence requires each participant in postsecondary
11 educational efforts to promote education which:
12 (a) Is of the highest possible quality.
13 (b) Enables students of all ages, backgrounds, and
14 levels of income to participate in the search for knowledge
15 and individual development.
16 (c) Stresses undergraduate teaching as its main
17 priority.
18 (d) Offers selected professional, graduate, and
19 research programs with emphasis on state and national needs.
20 (e) Fosters diversity of educational opportunity.
21 (f) Promotes service to the public.
22 (g) Makes effective and efficient use of human and
23 physical resources.
24 (h) Functions cooperatively with other educational
25 institutions and systems.
26 (i) Promotes internal coordination and the wisest
27 possible use of resources.
28 (2) In providing postsecondary education, the state's
29 mission is to develop the workforce and human resources, to
30 discover and disseminate knowledge, and to extend knowledge
31 and its application beyond the campus to the benefit and
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1 stimulation of society. Postsecondary education may accomplish
2 its mission only if it develops in students heightened
3 intellectual, cultural, and humane sensitivities; scientific,
4 professional, and technological expertise; and a sense of
5 purpose. Inherent in this broad mission are methods of
6 instruction, research, extended training, and public service
7 designed to educate people and improve the human condition.
8 Basic to every purpose of the system is the search for truth.
9 Section 10. Notwithstanding subsection (7) of section
10 3 of chapter 2000-321, Laws of Florida, section 240.107,
11 Florida Statutes, shall not stand repealed January 7, 2003, as
12 scheduled by that law, but that section is reenacted to read:
13 240.107 College-level communication and computation
14 skills examination.--
15 (1) It is the intent of the Legislature that the
16 examination of college-level communication and computation
17 skills provided in s. 229.551 serve as a mechanism for
18 students to demonstrate that they have mastered the academic
19 competencies prerequisite to upper-division undergraduate
20 instruction. It is further intended that the examination
21 serve as both a summative evaluation instrument prior to
22 student enrollment in upper-division programs and as a source
23 of information for student advisers. It is not intended that
24 student passage of the examination supplant the need for a
25 student to complete the general education curriculum
26 prescribed by an institution.
27 (2) State universities and community colleges shall
28 conduct a minimum of two administrations, one of which may
29 consist of an alternative administration, of the college-level
30 communication and computation skills examination per academic
31 term. Such administrations shall be available to all
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1 lower-division students seeking associate in arts or
2 baccalaureate degrees upon completion of at least 18 semester
3 hours or the equivalent. State universities and community
4 colleges shall report at a minimum the examination scores of
5 all students tested at each administration of the
6 college-level communication and computation skills
7 examination.
8 (3) No state university or community college shall
9 confer an associate in arts or baccalaureate degree upon any
10 student who fails to complete successfully the examination of
11 college-level communication and computation skills. Students
12 who received their associate in arts degree prior to September
13 1, 1982, shall be exempt from the provisions of this
14 subsection.
15 (4) The State Board of Education, by rule, shall set
16 the minimum scores that constitute successful completion of
17 the examination. In establishing the minimum scores that
18 constitute successful completion of the examination, the State
19 Board of Education shall consider any possible negative impact
20 of the tests on minority students. Determinations regarding a
21 student's successful completion of the examination shall be
22 based on the minimum standards prescribed by rule for the date
23 the student initially takes the examination.
24 (5) Any student who, in the best professional opinion
25 of the university, has a specific learning disability such
26 that the student can not demonstrate successful completion of
27 one or more sections of the college-level communication and
28 computation skills examination and is achieving at the college
29 level in every area except that of the disability, and whose
30 diagnosis indicates that further remediation will not succeed
31 in overcoming the disability, may appeal through the
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1 appropriate dean to a committee appointed by the president or
2 vice president for academic affairs for special consideration.
3 The committee shall examine the evidence of the student's
4 academic and medical records and may hear testimony relevant
5 to the case. The committee may grant a waiver for one or more
6 sections of the college-level communication and computation
7 skills examination based on the results of its review.
8 (6) Each community college president and university
9 president shall establish a committee to consider requests for
10 waivers from the provisions of subsection (3). The committee
11 shall be chaired by the chief academic officer of the
12 institution and shall have four additional members appointed
13 by the president: a member of the mathematics department, a
14 member of the English department, the institutional test
15 administrator, and a fourth faculty member from a department
16 other than English or mathematics. Any student who has taken a
17 subtest of the examination required by this section at least
18 four times and has not achieved a passing score, but has
19 otherwise demonstrated proficiency in coursework in the same
20 subject area, may request a waiver from that particular
21 subtest. Waivers shall be considered only after students have
22 been provided test adaptations or other administrative
23 adjustments to permit the accurate measurement of the
24 student's proficiency in the subject areas measured by the
25 examination authorized in this section. The committee shall
26 consider the student's educational records and other evidence
27 as to whether the student should be able to pass the subtest
28 under consideration. A waiver may be recommended to the
29 president upon majority vote of the committee. The president
30 may approve or disapprove the recommendation. The president
31 may not approve a request which the committee has disapproved.
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1 If a waiver for a given subtest is approved, the student's
2 transcript shall include a statement that the student did not
3 meet the requirements of subsection (3) and that a waiver was
4 granted.
5 (7) The State Board of Education, by rule, shall
6 establish fees for the administration of the examination to
7 private postsecondary students.
8 (8) The State Board of Education, by rule, shall
9 establish fees for the administration of the examination at
10 times other than regularly scheduled dates to accommodate
11 examinees who are unable to be tested on those dates. The
12 board shall establish the conditions under which examinees may
13 be admitted to the special administrations.
14 (9) Any student fulfilling one or both of the
15 following requirements before completion of associate in arts
16 degree requirements or baccalaureate degree requirements is
17 exempt from the testing requirements of this section:
18 (a) Achieves a score that meets or exceeds a minimum
19 score on a nationally standardized examination, as established
20 by the Articulation Coordinating Committee; or
21 (b) Demonstrates successful remediation of any
22 academic deficiencies identified by the college placement test
23 and achieves a cumulative grade point average of 2.5 or above,
24 on a 4.0 scale, in postsecondary-level coursework identified
25 by the Postsecondary Education Planning Commission. The
26 Department of Education shall specify the means by which a
27 student may demonstrate successful remediation.
28
29 Any student denied a degree prior to January 1, 1996, based on
30 the failure of at least one subtest of the CLAST may use
31 either of the alternatives specified in this subsection for
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1 receipt of a degree if such student meets all degree program
2 requirements at the time of application for the degree under
3 the exemption provisions of this subsection. This section does
4 not require a student to take the CLAST before being given the
5 opportunity to use any of the alternatives specified in this
6 subsection. The exemptions provided herein do not apply to
7 requirements for certification as provided in s. 231.17.
8 Section 11. Notwithstanding subsection (7) of section
9 3 of chapter 2000-321, Laws of Florida, section 240.115,
10 Florida Statutes, shall not stand repealed January 7, 2003, as
11 scheduled by that law, but that section is reenacted and
12 amended to read:
13 240.115 Articulation agreement; acceleration
14 mechanisms.--
15 (1)(a) Articulation between secondary and
16 postsecondary education; admission of associate in arts degree
17 graduates from Florida community colleges and state
18 universities; admission of applied technology diploma program
19 graduates from public community colleges or technical centers;
20 admission of technical associate in science degree and
21 associate in applied science degree graduates from Florida
22 community colleges; the use of acceleration mechanisms,
23 including nationally standardized examinations through which
24 students may earn credit; general education requirements and
25 statewide common course code numbers as provided for in s.
26 229.551(1); and articulation among programs in nursing shall
27 be governed by the articulation agreement, as established by
28 the State Board Department of Education. The articulation
29 agreement must specifically provide that every associate in
30 arts graduate of a Florida community college shall have met
31 all general education requirements and must be granted
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1 admission to the upper division of a state university except
2 to a limited access or teacher certification program or a
3 major program requiring an audition. After admission has been
4 granted to students under provisions of this section and to
5 university students who have successfully completed 60 credit
6 hours of coursework, including 36 hours of general education,
7 and demonstrated college-level communication and computation
8 skills as required in met the requirements of s. 240.107,
9 admission shall be granted to state university State
10 University System and Florida community college students who
11 have successfully completed 60 credit hours of work, including
12 36 hours of general education. Community college associate in
13 arts graduates shall receive priority for admission to a state
14 university over out-of-state students. Orientation programs
15 and student handbooks provided to freshman enrollees and
16 transfer students at state universities must include an
17 explanation of this provision of the articulation agreement.
18 (b) Any student who transfers among postsecondary
19 institutions that are fully accredited by a regional or
20 national accrediting agency recognized by the United States
21 Department of Education and that participate in the statewide
22 course numbering system common course designation and
23 numbering system shall be awarded credit by the receiving
24 institution for courses satisfactorily completed by the
25 student at the previous institutions. Credit shall be awarded
26 if the courses are judged by the appropriate statewide course
27 numbering system common course designation and numbering
28 system faculty committee task force representing school
29 districts, community colleges, public universities, and
30 participating nonpublic postsecondary education institutions
31 to be academically equivalent to courses offered at the
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1 receiving institution, including equivalency of faculty
2 credentials, regardless of the public or nonpublic control of
3 the previous institution. The Department of Education shall
4 ensure that credits to be accepted by a receiving institution
5 are generated in courses for which the faculty possess
6 credentials that are comparable to those required by the
7 accrediting association of the receiving institution. The
8 award of credit may be limited to courses that are entered in
9 the statewide course numbering system common course
10 designation and numbering system. Credits awarded pursuant to
11 this subsection shall satisfy institutional requirements on
12 the same basis as credits awarded to native students.
13 (c) The articulation agreement must guarantee the
14 statewide articulation of appropriate workforce development
15 programs and courses between school districts and community
16 colleges and specifically provide that every applied
17 technology diploma graduate must be granted the same amount of
18 credit upon admission to a technical an associate in science
19 degree or associate in applied science degree program unless
20 it is a limited access program. Preference for admission must
21 be given to graduates who are residents of Florida.
22 (d) By fall semester 1998, The articulation agreement
23 must guarantee the statewide articulation of appropriate
24 courses within associate in science degree programs to
25 baccalaureate degree programs, according to standards
26 established by the Articulation Coordinating Committee after
27 consultation with the Division of Colleges and Universities
28 and the Division of Board of Regents and the State Board of
29 Community Colleges. Courses within an associate in applied
30 science degree program may articulate into a baccalaureate
31
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1 degree program on an individual or block basis as authorized
2 in local interinstitutional articulation agreements.
3 (e) The Commissioner of Education, in conjunction with
4 the Florida Partnership for School Readiness, the Council for
5 Education Policy Research and Improvement Postsecondary
6 Education Planning Commission, and the Education Standards
7 Commission, shall conduct a statewide assessment to determine
8 the extent and nature of instruction for those who work or are
9 training to work in the fields of child care and early
10 childhood education, as well as an assessment of the market
11 demand for individuals trained at various levels. Based on
12 this assessment, the Articulation Coordinating Committee shall
13 establish an articulated career path for school
14 readiness-related professions, which shall lead from
15 entry-level employment in child care and early childhood
16 education to a baccalaureate degree. The career path shall
17 provide for the articulation of:
18 1. Technical Vocational credit to college credit for
19 associate in science degrees;
20 2. Credit earned in associate in science or associate
21 in arts degree programs to credit in baccalaureate degree
22 programs;
23 3. Credit awarded by public and private institutions;
24 and
25 4. Credit for experiential learning associated with
26 minimum training requirements for employment. The Articulation
27 Coordinating Committee shall ensure that the articulation of
28 such credit does not jeopardize the receiving institution's
29 accreditation status.
30
31
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1 Before the printing of the catalog for the fall semester 2002,
2 The articulation agreement must guarantee the statewide
3 articulation of appropriate coursework as established in the
4 career path.
5 (2) The universities, community colleges college
6 district boards of trustees, and school districts may district
7 school boards are authorized to establish intrainstitutional
8 and interinstitutional programs to promote maximize this
9 articulation. Programs may include upper-division-level
10 courses offered at the community college, distance education
11 learning, transfer agreements that facilitate the transfer of
12 credits between public and nonpublic postsecondary
13 institutions, and the concurrent enrollment of students at a
14 community college and a state university to enable students to
15 take any level of baccalaureate degree coursework. If these
16 programs conflict with Should the establishment of these
17 programs necessitate the waiver of existing State Board of
18 Education rules or require the, reallocation of funds, or
19 revision or modification of student fees, each college or
20 university shall submit the proposed articulation program to
21 the State Board of Education for review and approval. The
22 State Board of Education may is authorized to waive its rules
23 and make appropriate reallocations, revisions, or
24 modifications to support articulation innovations in
25 accordance with the above.
26 (3) The universities and boards of trustees of the
27 community colleges and universities shall identify their core
28 curricula, including which shall include courses required by
29 the State Board of Education. The universities and community
30 colleges shall work with their school districts to assure that
31 high school curricula coordinate with the core curricula and
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1 to prepare students for college-level work. The State Board of
2 Education shall adopt in rule core curricula for associate in
3 arts programs, including shall be adopted in rule by the State
4 Board of Education and shall include 36 semester hours of
5 general education courses in the subject areas of
6 communication, mathematics, social sciences, humanities, and
7 natural sciences. By January 1, 1996, General education
8 coursework shall be identified by statewide common course code
9 numbers, consistent with the recommendations of the
10 Articulation Coordinating Committee, pursuant to s.
11 229.551(1)(f)4. By fall semester 1996, degree program
12 prerequisite courses and course substitutions shall be
13 available at community colleges. With the exception of
14 programs approved by the Board of Regents pursuant to s.
15 240.209(5)(f), Degree program prerequisite courses shall be
16 common across delivery systems, available at community
17 colleges, and shall be identified by their statewide common
18 course code number consistent with the recommendations of the
19 Articulation Coordinating Committee, pursuant to s.
20 229.551(1)(f)5. A college or university may not offer any
21 unique program or program prerequisite unless it is
22 recommended by the Articulation Coordinating Committee and
23 approved by the State Board of Education or the director of
24 the Division of Colleges and Universities, if the board
25 delegates that responsibility.
26 (4) The levels of postsecondary education shall
27 collaborate in further developing and providing articulated
28 programs in which students can proceed toward their
29 educational objectives as rapidly as their circumstances
30 permit. Time-shortened educational programs, as well as the
31 use of acceleration mechanisms, shall include, but not be
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1 limited to, the International Baccalaureate, credit by
2 examination or demonstration of competency, advanced
3 placement, early admissions, and dual enrollment.
4 (4)(5) By fall semester of 1995, Each state university
5 and community college shall offer to all students each
6 semester, prior to drop-add, nationally standardized
7 examinations listed in the articulation agreement, or
8 institutionally developed examinations, through which students
9 may earn credit in those general subject areas which are
10 required or may be applied toward general education
11 requirements for a baccalaureate degree at that university or
12 associate degree at the community college. A student
13 satisfactorily completing such examinations shall receive full
14 credit for the course the same as if it had been taken,
15 completed, and passed.
16 (5)(6) An associate in arts degree requires shall
17 require no more than 60 semester hours of college credit,
18 including 36 semester hours of general education coursework.
19 Except for college-preparatory coursework required pursuant to
20 s. 240.117, all required coursework shall count toward the
21 associate in arts degree or the baccalaureate degree. By fall
22 semester of 1996, A baccalaureate degree program requires
23 shall require no more than 120 semester hours of college
24 credit, including 36 semester hours of general education
25 coursework, unless prior approval has been granted by the
26 State Board of Education or the director of the Division of
27 Colleges and Universities if the board delegates that
28 responsibility Board of Regents. Of the credit hours in
29 courses required for each baccalaureate degree, a student must
30 be able to earn at least half through courses designated as
31 lower-division courses, except in degree programs approved by
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1 the State Board of Education or the director of the Division
2 of Colleges and Universities, if the board delegates that
3 responsibility. Any community college may offer a course
4 designated as lower division.
5 (6)(7) A student who received an associate in arts
6 degree for successfully completing 60 semester credit hours
7 may continue to earn additional credits at a community
8 college. The university must provide credit toward the
9 student's baccalaureate degree for an additional community
10 college course if, according to the statewide course numbering
11 common course numbering and designation system, the community
12 college course is a course listed in the university catalog as
13 required for the degree or as prerequisite to a course
14 required for the degree.
15 Section 12. Notwithstanding subsection (7) of section
16 3 of chapter 2000-321, Laws of Florida, section 240.116,
17 Florida Statutes, shall not stand repealed January 7, 2003, as
18 scheduled by that law, but that section, as amended by section
19 6 of chapter 2001-254, Laws of Florida, is reenacted and
20 amended to read:
21 240.116 Articulated acceleration.--
22 (1) It is the intent of the Legislature that a variety
23 of Articulated acceleration mechanisms should be widely be
24 available for secondary and postsecondary students attending
25 public educational institutions. It is intended that
26 articulated acceleration serve to shorten the time needed to
27 earn necessary for a student to complete the requirements
28 associated with the conference of a high school diploma and a
29 postsecondary degree, broaden the scope of curricular options
30 available to students, or increase the depth of study
31 available for a particular subject. Eligible It is the intent
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1 of the Legislature that students who meet the eligibility
2 requirements of this subsection and who choose to participate
3 in dual enrollment programs, including early admissions
4 programs, are be exempt from the payment of registration,
5 matriculation, and laboratory fees. Annually, the Legislature
6 shall reimburse Such fees for dually enrolled students shall
7 be reimbursed to participating postsecondary institutions as
8 provided annually in the General Appropriations Act; however,
9 a postsecondary institution that earns dual enrollment FTE
10 funds from the Florida Education Finance Program as a charter
11 school is not shall not be eligible for the tuition
12 reimbursement. Articulated acceleration mechanisms shall
13 include at least, but not be limited to, dual enrollment,
14 early admission, advanced placement, credit by examination,
15 and the International Baccalaureate Program. A student is
16 exempt from the payment of any fees for administration of an
17 examination required to earn college credit after enrollment
18 in an advanced placement or International Baccalaureate
19 Program. The State Board of Education shall adopt rules for
20 any dual enrollment programs involving requirements for high
21 school graduation.
22 (2)(a)1. The dual enrollment program is the enrollment
23 of an eligible secondary student in a postsecondary course
24 creditable toward a technical vocational certificate or an
25 associate or baccalaureate degree. For the purpose of this
26 subparagraph, an eligible secondary student is a student who
27 is enrolled in a Florida public secondary school or in a
28 Florida nonpublic secondary school that which is in compliance
29 with s. 229.808 and conducts a secondary curriculum pursuant
30 to s. 232.246. A student may Students enrolled in
31 postsecondary instruction that is not creditable toward the
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1 high school diploma shall not be classified as a dual
2 enrollment student unless the student's postsecondary course
3 work provides credit toward the high school diploma
4 enrollments. Eligible students may who are eligible for dual
5 enrollment pursuant to this section shall be permitted to
6 enroll in dual enrollment courses regardless of whether they
7 are conducted during school hours, after school hours, or and
8 during the summer term. Instructional time for such enrollment
9 may exceed 900 hours; however, the school district may only
10 report the student for a maximum of 1.0 FTE, as provided in s.
11 236.013(5). The following courses are not dual enrollment
12 courses: Any student so enrolled is exempt from the payment of
13 registration, matriculation, and laboratory fees. With the
14 exception of vocational-preparatory instruction,
15 college-preparatory instruction, any and other forms of
16 precollegiate instruction, and as well as physical education
17 or recreation and leisure studies courses that focus on the
18 physical execution of a skill rather than the intellectual
19 attributes of the activity, are ineligible for inclusion in
20 the dual enrollment program. Recreation and leisure studies
21 courses shall be evaluated individually in the same manner as
22 physical education courses for potential inclusion in the
23 program.
24 2. The Department of Education shall adopt guidelines
25 designed to achieve comparability across school districts of
26 both student qualifications and teacher qualifications for
27 dual enrollment courses. A qualified student qualifications
28 must demonstrate readiness for the level of coursework in
29 which the student wishes to enroll college-level coursework if
30 the student is to be enrolled in college courses. The
31 interinstitutional articulation agreement must identify any
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1 additional participation requirements, such as specific
2 grade-point averages. Student qualifications must demonstrate
3 readiness for vocational-level coursework if the student is to
4 be enrolled in vocational courses. In addition to the common
5 placement examination, student qualifications for enrollment
6 in college credit dual enrollment courses must include a 3.0
7 unweighted grade point average, and student qualifications for
8 enrollment in vocational certificate dual enrollment courses
9 must include a 2.0 unweighted grade point average. Exceptions
10 to the required grade point averages may be granted if the
11 educational entities agree and the terms of the agreement are
12 contained within the dual enrollment interinstitutional
13 articulation agreement. Community college boards of trustees
14 may establish additional admissions criteria, which shall be
15 included in the district interinstitutional articulation
16 agreement developed according to s. 240.1161, to ensure
17 student readiness for postsecondary instruction. Additional
18 requirements included in the agreement may shall not
19 arbitrarily prohibit students who have demonstrated the
20 ability to master advanced courses from participating in dual
21 enrollment courses. School districts may not refuse to enter
22 into an agreement with a local community college if that
23 community college has the capacity to offer dual enrollment
24 courses.
25 (b) Vocational Dual enrollment in career and technical
26 education programs is shall be provided as a curricular option
27 for secondary students who seek to pursue in order to earn a
28 series of elective credits toward the high school diploma.
29 However, vocational dual enrollment shall not permit a student
30 to bypass the high school supplant student acquisition of the
31 diploma. Vocational Dual enrollment shall be available for
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1 secondary students seeking a degree or a career and technical
2 education credential certificate from a complete
3 job-preparatory program, but shall not sustain student
4 enrollment in isolated technical vocational courses. Student
5 enrollment in a dual enrollment program should reflect the
6 interests and aptitudes of the student. The Legislature
7 supports It is the intent of the Legislature that vocational
8 dual enrollment be implemented as a positive measure. The
9 provision of a comprehensive academic and technical vocational
10 dual enrollment program within the technical
11 vocational-technical center or community college, but such a
12 program is supportive of legislative intent; however, such
13 provision is not mandatory.
14 (c)1. Each school district shall inform all secondary
15 students of dual enrollment as an educational option and
16 mechanism for acceleration. Students shall be informed of
17 eligibility criteria, the option for taking dual enrollment
18 courses beyond the regular school year, and the 24 minimum
19 academic credits required for graduation. School districts
20 shall annually assess the demand for dual enrollment and other
21 advanced courses, and the district school board shall consider
22 strategies and programs to meet that demand.
23 2. The Articulation Coordinating Committee shall
24 develop a statement on transfer guarantees which will inform
25 students, prior to enrollment in a dual enrollment course, of
26 the potential for the dual enrollment course to articulate as
27 an elective or a general education course into a postsecondary
28 education certificate or degree program. The statement shall
29 be provided to each district superintendent of schools, who
30 shall include the statement in the information provided to all
31 secondary students as required pursuant to this paragraph. The
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1 statement may also include additional information including,
2 but not limited to, dual enrollment options, guarantees,
3 privileges, and responsibilities.
4 3. In calculating grade point averages or weighting
5 grades, a school district may not discriminate against dual
6 enrollment foreign language courses and dual enrollment
7 courses that meet high school graduation requirements in the
8 four academic core areas of language arts, mathematics,
9 science, and social studies, as determined by the Articulation
10 Coordinating Committee. School districts, community colleges,
11 and universities must weigh these dual enrollment courses the
12 same as honors, advanced placement, or international
13 baccalaureate courses when calculating grade point averages
14 for any purpose.
15 4. The commissioner may approve dual enrollment
16 agreements for limited course offerings that have statewide
17 appeal.
18 (3) Early admission is shall be a form of dual
19 enrollment through which eligible secondary students enroll in
20 a postsecondary institution on a full-time basis in courses
21 that are creditable toward the high school diploma and the
22 associate or baccalaureate degree. Students enrolled pursuant
23 to this subsection shall be exempt from the payment of
24 registration, matriculation, and laboratory fees.
25 (4) Early admission in career and technical education
26 programs is a form of dual enrollment through which eligible
27 secondary students enroll full time in a technical center or a
28 community college in courses that are creditable toward the
29 high school diploma and a technical certificate or associate
30 degree. Early admission into a career and technical education
31 program is limited to students who have completed a minimum of
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1 six semesters of full-time secondary enrollment, including
2 studies undertaken in the ninth grade. Students enrolled in
3 dual enrollment or early admissions are exempt from
4 registration, matriculation, and laboratory fees.
5 (5)(4) Advanced placement shall be the enrollment of
6 an eligible secondary student in a course offered through the
7 Advanced Placement Program administered by the College Board.
8 Postsecondary credit for an advanced placement course shall be
9 limited to students who score a minimum of 3, on a 5-point
10 scale, on the corresponding Advanced Placement Examination.
11 The Articulation Coordinating Committee shall determine the
12 specific courses for which students receive such credit shall
13 be determined by the community college or university that
14 accepts the student for admission. Students enrolled pursuant
15 to this subsection shall be exempt from the payment of any
16 fees for administration of the examination.
17 (6)(5) Credit by examination is shall be the program
18 through which secondary and postsecondary students generate
19 postsecondary credit based on the receipt of a specified
20 minimum score on nationally standardized general or
21 subject-area examinations. For the purpose of statewide
22 application, such examinations and the corresponding minimum
23 scores required for an award of credit must be listed shall be
24 delineated by the State Board of Education in the statewide
25 articulation agreement. A student may not generate additional
26 credit by examination if the student has already taken and
27 passed a postsecondary course whose content is covered by the
28 examination. The maximum credit generated by a student
29 pursuant to this subsection shall be mitigated by any related
30 postsecondary credit earned by the student prior to the
31 administration of the examination. This subsection shall not
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1 preclude Community colleges and universities may also award
2 from awarding credit by examination based on student
3 performance on examinations developed within and recognized by
4 the individual postsecondary institutions.
5 (7)(6) The International Baccalaureate Program is
6 shall be the curriculum in which eligible secondary students
7 are enrolled in a program of studies offered through the
8 International Baccalaureate Program administered by the
9 International Baccalaureate Office. The State Board of
10 Education shall establish rules which specify the cutoff
11 scores and International Baccalaureate Examinations that which
12 will be used to grant postsecondary credit at community
13 colleges and universities. If the board raises Any such rules,
14 which have the effect of raising the required cutoff score or
15 changes of changing the correlation of the International
16 Baccalaureate Examinations and which will be used to grant
17 postsecondary credit, that action applies shall only apply to
18 students who take the examination after the change is made
19 taking International Baccalaureate Examinations after such
20 rules are adopted by the State Board of Education. Students
21 may earn shall be awarded a maximum of 30 semester credit
22 hours through the International Baccalaureate Program pursuant
23 to this subsection. The Articulation Coordinating Committee
24 shall determine the specific course for which a student
25 receives such credit shall be determined by the community
26 college or university that accepts the student for admission.
27 Students enrolled in an International Baccalaureate Program
28 are pursuant to this subsection shall be exempt from the
29 payment of any fees for administration of the examinations.
30 During the 1997-1998, 1998-1999, and 1999-2000 school years,
31 the Department of Education shall assist up to three school
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1 districts in conducting a pilot of the Advanced International
2 Certificate of Education Program administered by the
3 University of Cambridge Local Examinations Syndicate. The
4 department shall produce an evaluation report and
5 recommendations regarding the comparability of the Advanced
6 International Certificate of Education Program to the
7 International Baccalaureate Program and submit the report to
8 the President of the Senate and the Speaker of the House of
9 Representatives on or before October 1, 2000.
10 (8)(7)(a) It is the intent of the Legislature to
11 provide articulated acceleration mechanisms for students who
12 are in home education programs, as defined in s. 228.041(34),
13 consistent with the educational opportunities available to
14 public and private secondary school students. Home education
15 students may participate in dual enrollment for college credit
16 or technical credit, vocational dual enrollment, early
17 admission, and credit by examination. Credit earned by home
18 education students through dual enrollment applies shall apply
19 toward the completion of a home education program that meets
20 the requirements of s. 232.0201.
21 (b) The dual enrollment program for home education
22 students consists of the enrollment of an eligible home
23 education secondary student in a postsecondary course
24 creditable toward an associate degree, a technical vocational
25 certificate, or a baccalaureate degree. To participate in the
26 dual enrollment program, an eligible home education secondary
27 student must:
28 1. Provide proof of enrollment in a home education
29 program pursuant to s. 232.0201.
30 2. Be responsible for his or her own instructional
31 materials and transportation unless provided for otherwise.
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1 (c) Each community college and each state university
2 shall:
3 1. Delineate courses and programs for dually enrolled
4 home education students. Courses and programs may be added,
5 revised, or deleted at any time.
6 2. Identify eligibility criteria for home education
7 student participation, not to exceed those required of other
8 dually enrolled students.
9 (9)(8) The State Board of Education may adopt rules
10 necessary to implement the provisions of this section pursuant
11 to ss. 120.536(1) and 120.54.
12 Section 13. Notwithstanding subsection (7) of section
13 3 of chapter 2000-321, Laws of Florida, section 240.1161,
14 Florida Statutes, shall not stand repealed January 7, 2003, as
15 scheduled by that law, but that section is reenacted and
16 amended to read:
17 240.1161 District interinstitutional articulation
18 agreements.--
19 (1) Superintendents of schools and community college
20 presidents shall jointly develop and implement a comprehensive
21 articulated acceleration program for the students enrolled in
22 their respective school districts and service areas. Within
23 this general responsibility, each superintendent and president
24 shall develop a comprehensive interinstitutional articulation
25 agreement for the school district and community college that
26 serves the school district. The superintendent and president
27 shall establish an articulation committee for the purpose of
28 developing this agreement. Each state university president is
29 encouraged to designate a university representative to
30 participate in the development of the interinstitutional
31
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1 articulation agreements for each school district within the
2 university service area.
3 (2) The district interinstitutional articulation
4 agreement for each school year must be completed before high
5 school registration for the fall term of the following school
6 year. The agreement must include, but is not limited to, the
7 following components:
8 (a) A ratification or modification of all existing
9 articulation agreements.
10 1. A delineation of the requirements for participation
11 in the dual enrollment program. These requirements must
12 include passing the common placement examination and earning
13 at least an unweighted grade-point average of 3.0 for college
14 credit dual enrollment or 2.0 for technical credit dual
15 enrollment. Exceptions to the grade-point-average requirement
16 are allowed if the educational agencies agree and the terms of
17 the agreement are contained in the dual enrollment
18 interinstitutional articulation agreement.
19 2.1. A delineation of courses and programs available
20 to students eligible to participate in dual enrollment. This
21 delineation must include a plan for the community college to
22 provide guidance services to participating students on the
23 selection of courses in the dual enrollment program. The
24 process of community college guidance should make maximum use
25 of the Statewide Student Advisement System and any other
26 automated advisement systems used by public and nonpublic
27 colleges and universities automated advisement system for
28 community colleges. The plan must assure that each dual
29 enrollment student is encouraged to identify a postsecondary
30 education objective with which to guide the course selection.
31 At a minimum, each student's plan should include a list of
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1 courses that will result in an Applied Technology Diploma, an
2 Associate in Science degree, or an Associate in Arts degree.
3 If the student identifies a baccalaureate degree as the
4 objective, the plan must include courses that will meet the
5 general education requirements and any prerequisite
6 requirements for entrance into a selected baccalaureate degree
7 program.
8 3.2. A delineation of the process by which students
9 and their parents are informed about opportunities to
10 participate in articulated acceleration programs.
11 4.3. A delineation of the process by which students
12 and their parents exercise their option to participate in an
13 articulated acceleration program.
14 4. A delineation of high school credits earned for
15 completion of each dual enrollment course.
16 5. Provision for postsecondary courses that meet the
17 criteria for inclusion in a district articulated acceleration
18 program to be counted toward meeting the graduation
19 requirements of s. 232.246.
20 6. An identification of eligibility criteria for
21 student participation in dual enrollment courses and programs.
22 7. A delineation of institutional responsibilities
23 regarding student screening prior to enrollment and monitoring
24 student performance subsequent to enrollment in dual
25 enrollment courses and programs.
26 8. An identification of the criteria by which the
27 quality of dual enrollment courses and programs are to be
28 judged and a delineation of institutional responsibilities for
29 the maintenance of instructional quality.
30 9. A delineation of institutional responsibilities for
31 assuming the cost of dual enrollment courses and programs that
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1 includes such responsibilities for student instructional
2 materials.
3 10. An identification of responsibility for providing
4 student transportation if the dual enrollment instruction is
5 conducted at a facility other than the high school campus.
6 11. A delineation of high school credits earned for
7 completion of each dual enrollment course, the process for
8 converting college credit hours earned through dual enrollment
9 and early admission programs to high school credit based on
10 mastery of course outcomes as determined by the Articulation
11 Coordinating Committee in accordance with s. 229.551(1)(f)6.
12 (c) Mechanisms and strategies for reducing the
13 incidence of postsecondary remediation in math, reading, and
14 writing for first-time-enrolled recent high school graduates,
15 based upon all available data on graduates' performance in
16 college and the workplace the findings in the postsecondary
17 readiness-for-college report produced pursuant to s. 240.118.
18 Each articulation committee shall annually analyze and assess
19 the effectiveness of the mechanisms toward meeting the goal of
20 reducing postsecondary remediation needs. Results of the
21 assessment shall be annually presented to participating
22 district school boards and community college boards of
23 trustees. and shall include, but not be limited to:
24 1. Mechanisms currently being initiated.
25 2. An analysis of problems and corrective actions.
26 3. Anticipated outcomes.
27 4. Strategies for the better preparation of students
28 upon graduation from high school.
29 5. An analysis of costs associated with the
30 implementation of postsecondary remedial education and
31 secondary-level corrective actions.
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1 6. The identification of strategies for reducing costs
2 of the delivery of postsecondary remediation for recent high
3 school graduates, including the consideration and assessment
4 of alternative instructional methods and services such as
5 those produced by private providers.
6
7 Wherever possible, public schools and community colleges are
8 encouraged to share resources, form partnerships with private
9 industries, and implement innovative strategies and mechanisms
10 such as distance education learning, summer student and
11 faculty workshops, parental involvement activities, and the
12 distribution of information over the Internet. The Legislature
13 may provide performance incentive funds for the effective
14 implementation of remedial reduction plans developed and
15 implemented pursuant to this paragraph. The district
16 interinstitutional articulation agreement shall include a plan
17 that outlines the mechanisms and strategies for improving the
18 preparation of elementary, middle, and high school teachers.
19 Effective collaboration among school districts, postsecondary
20 institutions, and practicing educators is essential to
21 improving teaching in Florida's elementary and secondary
22 schools and consequently, the retention and success of
23 students through high school graduation and into postsecondary
24 education. Professional development programs shall be
25 developed cooperatively and include curricular content which
26 focuses upon local and state needs and responds to state,
27 national, and district policy and program priorities. School
28 districts and community colleges are encouraged to develop
29 plans which utilize new technologies, address critical needs
30 in their implementation, and include both preservice and
31 inservice initiatives.
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1 (d) Mechanisms and strategies for promoting "tech
2 prep" programs of study. Such mechanisms should raise
3 awareness about the programs, promote enrollment in the
4 programs, and articulate students from a secondary portion
5 into a planned, related postsecondary portion of a sequential
6 program of study that leads to a terminal postsecondary
7 vocational or technical education degree or certificate.
8 (3) The superintendent of schools is responsible for
9 incorporating, either directly or by reference, all dual
10 enrollment courses contained within the district
11 interinstitutional articulation agreement within the district
12 pupil progression plan.
13 (4) The Articulation Coordinating Committee shall
14 review each articulation agreement and certify the statewide
15 common course code number of postsecondary courses that meet
16 each district's graduation requirements.
17 (5) School districts and community colleges may enter
18 into additional interinstitutional articulation agreements
19 with state universities for the purposes of this section.
20 School districts may also enter into interinstitutional
21 articulation agreements with eligible independent colleges and
22 universities pursuant to s. 236.081(1)(g). State universities
23 and community colleges may enter into interinstitutional
24 articulation agreements with nonpublic secondary schools
25 pursuant to s. 240.116.
26 (6) The Articulation Coordinating Committee shall
27 approve any course for inclusion in the dual enrollment
28 program that is contained within the statewide common course
29 designation and numbering system. However,
30 college-preparatory and other forms of precollegiate
31 instruction, and physical education and other courses that
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1 focus on the physical execution of a skill rather than the
2 intellectual attributes of the activity, may not be so
3 approved, but must be evaluated individually for potential
4 inclusion in the dual enrollment program.
5 (7) The Department of Education shall provide the
6 Articulation Coordinating Committee with the staff support and
7 resources necessary to administer the requirements implement
8 the provisions of this section.
9 (8) The State Board of Education may adopt rules
10 necessary to implement the provisions of this section pursuant
11 to ss. 120.536(1) and 120.54.
12 Section 14. Notwithstanding subsection (7) of section
13 3 of chapter 2000-321, Laws of Florida, section 240.1162,
14 Florida Statutes, shall not stand repealed January 7, 2003, as
15 scheduled by that law, but that section is reenacted and
16 amended to read:
17 240.1162 Articulation accountability process.--The
18 State Board of Education shall develop articulation
19 accountability measures which assess the status of systemwide
20 articulation processes authorized under s. 240.115. The State
21 Board of Education shall establish an articulation
22 accountability process which at a minimum shall address:
23 (1) The impact of articulation processes on ensuring
24 educational continuity and the orderly and unobstructed
25 transition of students between public secondary and
26 postsecondary education systems and between the public and
27 independent sectors.
28 (2) The adequacy of preparation of public secondary
29 students to smoothly articulate to a public postsecondary
30 institution.
31
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1 (3) The effectiveness of articulated acceleration
2 mechanisms available to secondary students.
3 (4) The smooth transfer of community college associate
4 in arts degree graduates to a state university.
5 (5) An examination of degree requirements which exceed
6 the parameters of 60 credit hours for an associate degree and
7 120 hours for a baccalaureate degree in public postsecondary
8 programs.
9 (6) The relationship between the College Level
10 Academic Skills Test Program and articulation to the upper
11 division in public postsecondary institutions.
12 Section 15. Notwithstanding subsection (7) of section
13 3 of chapter 2000-321, Laws of Florida, section 240.1163,
14 Florida Statutes, shall not stand repealed January 7, 2003, as
15 scheduled by that law, but that section is reenacted and
16 amended to read:
17 240.1163 Joint dual enrollment and advanced placement
18 instruction.--
19 (1) Each school district, community college, and state
20 university may conduct advanced placement instruction within
21 dual enrollment courses. Each joint dual enrollment and
22 advanced placement course shall be incorporated within and
23 subject to the provisions of the district interinstitutional
24 articulation agreement pursuant to s. 240.1161. Such agreement
25 shall certify that each joint dual enrollment and advanced
26 placement course integrates, at a minimum, the course
27 structure recommended by the College Board and the structure
28 that corresponds to the statewide common course number.
29 (2) Each student enrolled in a joint dual enrollment
30 and advanced placement course may be funded pursuant to either
31 the dual enrollment or advanced placement formula specified in
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1 s. 236.081; however, no student shall be funded through both
2 programs for enrollment in a course provided through this
3 section. The district school board reporting enrollments for
4 such courses shall utilize the funding formula that more
5 closely approximates the cost of conducting the course. No
6 student shall be reported for advanced placement funding who
7 fails to meet the examination requirement for such funding.
8 (3) Postsecondary credit for student completion of a
9 joint dual enrollment and advanced placement course shall be
10 awarded, based on the stated preference of the student, as
11 either dual enrollment or advanced placement credit; however,
12 an award of advanced placement credit shall be limited to
13 students who score a minimum of 3, on a 5-point scale, on the
14 Advanced Placement Examination. No student shall claim double
15 credit based on the completion of a single joint dual
16 enrollment and advanced placement course, nor shall any
17 student enrolled pursuant to this section be required to
18 complete the Advanced Placement Examination.
19 (4) School districts and community colleges must weigh
20 college-level dual enrollment courses the same as honors
21 courses and advanced placement courses when grade point
22 averages are calculated. Alternative grade calculation or
23 weighting systems that discriminate against dual enrollment
24 courses are prohibited.
25 (5) The Commissioner of Education may approve dual
26 enrollment agreements for limited course offerings that have
27 statewide appeal. Such programs shall be limited to a single
28 site with multiple county participation.
29 Section 16. Notwithstanding subsection (7) of section
30 3 of chapter 2000-321, Laws of Florida, section 240.117,
31 Florida Statutes, shall not stand repealed January 7, 2003, as
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1 scheduled by that law, but that section is reenacted and
2 amended to read:
3 240.117 Common placement testing for public
4 postsecondary education.--
5 (1) The State Board of Education shall develop and
6 implement a common placement test to assess for the purpose of
7 assessing the basic computation and communication skills of
8 students who intend to enter a degree program at any public
9 community college or state university. The State Board of
10 Education shall adopt rules which enable the community
11 colleges and state universities to implement appropriate
12 modifications of the test instruments or test procedures for
13 students with disabilities.
14 (2) The common placement testing program shall include
15 at a minimum the following: the capacity to diagnose basic
16 competencies in the areas of English, reading, and mathematics
17 which are essential to perform college-level work;
18 prerequisite skills that relate to progressively advanced
19 instruction in mathematics, such as algebra and geometry;
20 prerequisite skills that relate to progressively advanced
21 instruction in language arts, such as English composition and
22 literature; prerequisite skills which relate to the College
23 Level Academic Skills Test (CLAST); and provision of test
24 information to students on the specific deficiencies.
25 (3) The Articulation Coordinating Committee shall
26 recommend and the State Board of Education shall adopt rules
27 that would require high schools to give the common placement
28 test prescribed in this section, or an equivalent test
29 identified by the State Board of Education, at the beginning
30 of the tenth grade year before enrollment in the eleventh
31 grade year in public high school for the purpose of obtaining
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1 remedial instruction prior to entering public postsecondary
2 education.
3 (4)(a) Community college or state university students
4 who have been identified as requiring additional preparation
5 pursuant to subsection (1) shall enroll in college-preparatory
6 or other adult education pursuant to s. 239.301 in community
7 colleges to develop needed college-entry skills. These
8 students shall be permitted to take courses within their
9 degree program concurrently in other curriculum areas for
10 which they are qualified while enrolled in college-preparatory
11 instruction courses. A student enrolled in a
12 college-preparatory course may concurrently enroll only in
13 college credit courses that do not require the skills
14 addressed in the college-preparatory course. The Articulation
15 Coordinating Committee shall recommend and the State Board of
16 Education Community Colleges shall specify the college credit
17 courses that are acceptable for students enrolled in each
18 college-preparatory skill area, pursuant to s. 240.311(3)(q).
19 A student who wishes to earn an associate in arts or a
20 baccalaureate degree, but who is required to complete a
21 college-preparatory course, must successfully complete the
22 required college-preparatory studies by the time the student
23 has accumulated 12 hours of lower-division college credit
24 degree coursework; however, a student may continue enrollment
25 in degree-earning coursework provided the student maintains
26 enrollment in college-preparatory coursework for each
27 subsequent semester until college-preparatory coursework
28 requirements are completed, and the student demonstrates
29 satisfactory performance in degree-earning coursework. To
30 complete college-preparatory studies, a student must earn a
31 passing score on a standardized, institutionally developed
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1 test of must be achieved before a student is considered to
2 have met basic computation and communication skills
3 requirements; however, a no student is not shall be required
4 to retake any test or subtest that the student has already was
5 previously passed by said student. If a student enrolls shall
6 be funded to enroll in the same college-preparatory course
7 more than class within a skill area only twice, after which
8 time the student shall pay 100 percent of the full cost of
9 instruction to support continuous enrollment of that student
10 in the same class and such student shall not be included in
11 calculations of full-time equivalent enrollments for state
12 funding purposes; however, students who withdraw or fail a
13 class due to extenuating circumstances may be granted an
14 exception only once for each class, provided approval is
15 granted according to policy established by the board of
16 trustees. Each community college may shall have the authority
17 to review and reduce fees paid by individual students who need
18 to continue due to continued enrollment in a
19 college-preparatory class and who have on an individual basis
20 contingent upon the student's financial hardship, pursuant to
21 definitions and fee levels established by the board of
22 trustees State Board of Community Colleges. Credit awarded for
23 college-preparatory instruction may not be counted towards
24 fulfilling the number of credits required for a degree.
25 (b) The administrators of a state university may
26 contract with a community college board of trustees for the
27 community college to provide such instruction on the state
28 university campus. Any state university in which the
29 percentage of incoming students requiring college-preparatory
30 instruction equals or exceeds the average percentage of such
31 students for the community college system may offer
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1 college-preparatory instruction without contracting with a
2 community college; however, any state university offering
3 college-preparatory instruction as of January 1, 1996, may
4 continue to provide such services.
5 (5) A student may not be enrolled in a dual-enrollment
6 college credit mathematics or English course on a dual
7 enrollment basis unless the student has demonstrated adequate
8 precollegiate preparation on the appropriate section of the
9 basic computation and communication skills assessment required
10 pursuant to subsection (1) that is appropriate for successful
11 student participation in the course.
12 Section 17. Notwithstanding subsection (7) of section
13 3 of chapter 2000-321, Laws of Florida, section 240.118,
14 Florida Statutes, shall not stand repealed January 7, 2003, as
15 scheduled by that law, but that section is reenacted and
16 amended to read:
17 240.118 Postsecondary feedback of information to high
18 schools.--
19 (1) The State Board of Education shall adopt rules
20 that require the Commissioner of Education to report to the
21 State Board of Education, the Legislature, and the school
22 districts on the performance of each
23 first-time-in-postsecondary education student from each public
24 high school in this state who is enrolled in a university,
25 community college, or public technical center. Such reports
26 must be based on information databases maintained by the
27 Division of Colleges and Universities, Division of Community
28 Colleges, and Division of Workforce Development. In addition,
29 the universities, community colleges, and technical centers
30 shall provide school districts access to information on
31 student performance in regular and preparatory courses and
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1 shall indicate students referred for remediation pursuant to
2 s. 240.117 or s. 239.213.
3 (2) The Commissioner of Education shall report, by
4 high school, to the State Board of Education and the
5 Legislature, no later than November 31 of each year, on the
6 number of prior year Florida high school graduates who
7 enrolled for the first time in public postsecondary education
8 in this state during the previous summer, fall, or spring
9 term, indicating the number of students whose scores on the
10 common placement test indicated the need for remediation
11 through college-preparatory or vocational-preparatory
12 instruction pursuant to s. 240.117 or s. 239.213.
13 (3) The Commissioner of Education shall organize
14 school summary reports and student-level records by school
15 district and high school in which the postsecondary education
16 students were enrolled and report the information to each
17 school district no later than January 31 of each year.
18 (4) As a part of the school improvement plan pursuant
19 to s. 229.592, the State Board of Education shall ensure that
20 each school district and high school develops strategies to
21 improve student readiness for the public postsecondary level
22 based on annual analysis of the feedback report data.
23 (5) The Commissioner of Education shall annually
24 recommend to the Legislature statutory changes to reduce the
25 incidence of postsecondary remediation in mathematics,
26 reading, and writing for first-time-enrolled recent high
27 school graduates.
28 Section 18. Notwithstanding subsection (7) of section
29 3 of chapter 2000-321, Laws of Florida, section 240.1201,
30 Florida Statutes, shall not stand repealed January 7, 2003, as
31
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1 scheduled by that law, but that section is reenacted and
2 amended to read:
3 240.1201 Determination of resident status for tuition
4 purposes.--Students shall be classified as residents or
5 nonresidents for the purpose of assessing tuition fees in
6 public community colleges and universities.
7 (1) As defined under this section:
8 (a) The term "dependent child" means any person,
9 whether or not living with his or her parent, who is eligible
10 to be claimed by his or her parent as a dependent under the
11 federal income tax code.
12 (b) The term "institution of higher education" means
13 any of the constituent institutions under the jurisdiction of
14 the State University System or the Florida Community College
15 System.
16 (c) A "legal resident" or "resident" is a person who
17 has maintained his or her residence in this state for the
18 preceding year, has purchased a home which is occupied by him
19 or her as his or her residence, or has established a domicile
20 in this state pursuant to s. 222.17.
21 (d) The term "parent" means the natural or adoptive
22 parent or legal guardian of a dependent child.
23 (e) A "resident for tuition purposes" is a person who
24 qualifies as provided in subsection (2) for the in-state
25 tuition rate; a "nonresident for tuition purposes" is a person
26 who does not qualify for the in-state tuition rate.
27 (2)(a) To qualify as a resident for tuition purposes:
28 1. A person or, if that person is a dependent child,
29 his or her parent or parents must have established legal
30 residence in this state and must have maintained legal
31
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1 residence in this state for at least 12 months immediately
2 prior to his or her qualification.
3 2. Every applicant for admission to an institution of
4 higher education shall be required to make a statement as to
5 his or her length of residence in the state and, further,
6 shall establish that his or her presence or, if the applicant
7 is a dependent child, the presence of his or her parent or
8 parents in the state currently is, and during the requisite
9 12-month qualifying period was, for the purpose of maintaining
10 a bona fide domicile, rather than for the purpose of
11 maintaining a mere temporary residence or abode incident to
12 enrollment in an institution of higher education.
13 (b) However, with respect to a dependent child living
14 with an adult relative other than the child's parent, such
15 child may qualify as a resident for tuition purposes if the
16 adult relative is a legal resident who has maintained legal
17 residence in this state for at least 12 months immediately
18 prior to the child's qualification, provided the child has
19 resided continuously with such relative for the 5 years
20 immediately prior to the child's qualification, during which
21 time the adult relative has exercised day-to-day care,
22 supervision, and control of the child.
23 (c) The legal residence of a dependent child whose
24 parents are divorced, separated, or otherwise living apart
25 will be deemed to be this state if either parent is a legal
26 resident of this state, regardless of which parent is entitled
27 to claim, and does in fact claim, the minor as a dependent
28 pursuant to federal individual income tax provisions.
29 (3) An individual shall not be classified as a
30 resident for tuition purposes and, thus, shall not be eligible
31 to receive the in-state tuition rate until he or she has
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1 provided such evidence related to legal residence and its
2 duration as may be required by officials of the institution of
3 higher education from which he or she seeks the in-state
4 tuition rate.
5 (4) With respect to a dependent child, the legal
6 residence of such individual's parent or parents is prima
7 facie evidence of the individual's legal residence, which
8 evidence may be reinforced or rebutted, relative to the age
9 and general circumstances of the individual, by the other
10 evidence of legal residence required of or presented by the
11 individual. However, the legal residence of an individual
12 whose parent or parents are domiciled outside this state is
13 not prima facie evidence of the individual's legal residence
14 if that individual has lived in this state for 5 consecutive
15 years prior to enrolling or reregistering at the institution
16 of higher education at which resident status for tuition
17 purposes is sought.
18 (5) In making a domiciliary determination related to
19 the classification of a person as a resident or nonresident
20 for tuition purposes, the domicile of a married person,
21 irrespective of sex, shall be determined, as in the case of an
22 unmarried person, by reference to all relevant evidence of
23 domiciliary intent. For the purposes of this section:
24 (a) A person shall not be precluded from establishing
25 or maintaining legal residence in this state and subsequently
26 qualifying or continuing to qualify as a resident for tuition
27 purposes solely by reason of marriage to a person domiciled
28 outside this state, even when that person's spouse continues
29 to be domiciled outside of this state, provided such person
30 maintains his or her legal residence in this state.
31
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1 (b) A person shall not be deemed to have established
2 or maintained a legal residence in this state and subsequently
3 to have qualified or continued to qualify as a resident for
4 tuition purposes solely by reason of marriage to a person
5 domiciled in this state.
6 (c) In determining the domicile of a married person,
7 irrespective of sex, the fact of the marriage and the place of
8 domicile of such person's spouse shall be deemed relevant
9 evidence to be considered in ascertaining domiciliary intent.
10 (6) Any nonresident person, irrespective of sex, who
11 marries a legal resident of this state or marries a person who
12 later becomes a legal resident may, upon becoming a legal
13 resident of this state, accede to the benefit of the spouse's
14 immediately precedent duration as a legal resident for
15 purposes of satisfying the 12-month durational requirement of
16 this section.
17 (7) A person shall not lose his or her resident status
18 for tuition purposes solely by reason of serving, or, if such
19 person is a dependent child, by reason of his or her parent's
20 or parents' serving, in the Armed Forces outside this state.
21 (8) A person who has been properly classified as a
22 resident for tuition purposes but who, while enrolled in an
23 institution of higher education in this state, loses his or
24 her resident tuition status because the person or, if he or
25 she is a dependent child, the person's parent or parents
26 establish domicile or legal residence elsewhere shall continue
27 to enjoy the in-state tuition rate for a statutory grace
28 period, which period shall be measured from the date on which
29 the circumstances arose that culminated in the loss of
30 resident tuition status and shall continue for 12 months.
31 However, if the 12-month grace period ends during a semester
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1 or academic term for which such former resident is enrolled,
2 such grace period shall be extended to the end of that
3 semester or academic term.
4 (9) Any person who ceases to be enrolled at or who
5 graduates from an institution of higher education while
6 classified as a resident for tuition purposes and who
7 subsequently abandons his or her domicile in this state shall
8 be permitted to reenroll at an institution of higher education
9 in this state as a resident for tuition purposes without the
10 necessity of meeting the 12-month durational requirement of
11 this section if that person has reestablished his or her
12 domicile in this state within 12 months of such abandonment
13 and continuously maintains the reestablished domicile during
14 the period of enrollment. The benefit of this subsection
15 shall not be accorded more than once to any one person.
16 (10) The following persons shall be classified as
17 residents for tuition purposes:
18 (a) Active duty members of the Armed Services of the
19 United States residing or stationed in this state, their
20 spouses, and dependent children.
21 (b) Active duty members of the Armed Services of the
22 United States and their spouses attending a public community
23 college or university within 50 miles of the military
24 establishment where they are stationed, if such military
25 establishment is within a county contiguous to Florida.
26 (c) United States citizens living on the Isthmus of
27 Panama, who have completed 12 consecutive months of college
28 work at the Florida State University Panama Canal Branch, and
29 their spouses and dependent children.
30 (d) Full-time instructional and administrative
31 personnel employed by state public schools, community
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1 colleges, and institutions of higher education, as defined in
2 s. 228.041, and their spouses and dependent children.
3 (e) Students from Latin America and the Caribbean who
4 receive scholarships from the federal or state government.
5 Any student classified pursuant to this paragraph shall
6 attend, on a full-time basis, a Florida institution of higher
7 education.
8 (f) Southern Regional Education Board's Academic
9 Common Market graduate students attending Florida's state
10 universities.
11 (g) Full-time employees of state agencies or political
12 subdivisions of the state when the student fees are paid by
13 the state agency or political subdivision for the purpose of
14 job-related law enforcement or corrections training.
15 (h) McKnight Doctoral Fellows and Finalists who are
16 United States citizens.
17 (i) United States citizens living outside the United
18 States who are teaching at a Department of Defense Dependent
19 School or in an American International School and who enroll
20 in a state university Board of Regents-approved graduate level
21 education program which leads to a Florida teaching
22 certificate.
23 (j) Active duty members of the Canadian military
24 residing or stationed in this state under the North American
25 Air Defense (NORAD) agreement, and their spouses and dependent
26 children, attending a public community college or university
27 within 50 miles of the military establishment where they are
28 stationed.
29 (11) The State Board of Education shall by rule
30 designate classifications of students as residents or
31
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1 nonresidents for tuition purposes at public community colleges
2 and universities.
3 (12) An electronic signature may be accepted on an
4 admissions application and statement of residency for tuition
5 purposes.
6 Section 19. Sections 240.122, 240.124, 240.125, and
7 240.126, Florida Statutes, are repealed.
8 Section 20. Notwithstanding subsection (7) of section
9 3 of chapter 2000-321, Laws of Florida, section 240.127,
10 Florida Statutes, shall not stand repealed January 7, 2003, as
11 scheduled by that law, but that section is reenacted to read:
12 240.127 Florida Uniform Management of Institutional
13 Funds Act.--
14 (1) SHORT TITLE.--This section may be cited as the
15 "Florida Uniform Management of Institutional Funds Act."
16 (2) DEFINITIONS.--As used in this section:
17 (a) "Institution" means an incorporated or
18 unincorporated organization organized and operated exclusively
19 for educational purposes, or a governmental entity to the
20 extent that it holds funds exclusively for educational
21 purposes.
22 (b) "Institutional fund" means a fund held by an
23 institution for its exclusive use, benefit, or purposes, but
24 does not include a fund held for an institution by a trustee
25 that is not an institution or a fund in which a beneficiary
26 that is not an institution has an interest, other than
27 possible rights that could arise upon violation or failure of
28 the purposes of the fund.
29 (c) "Endowment fund" means an institutional fund, or
30 any part thereof, not wholly expendable by the institution on
31
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1 a current basis under the terms of the applicable gift
2 instrument.
3 (d) "Governing board" means the body responsible for
4 the management of an institution or of an institutional fund.
5 (e) "Historic dollar value" means the aggregate fair
6 value in dollars of an endowment fund at the time it became an
7 endowment fund, each subsequent donation to the fund at the
8 time it is made, and each accumulation made pursuant to a
9 direction in the applicable gift instrument at the time the
10 accumulation is added to the fund. The determination of
11 historic dollar value made in good faith by the institution is
12 conclusive.
13 (f) "Gift instrument" means a will, deed, grant,
14 conveyance, agreement, memorandum, writing, or other governing
15 document, including the terms of any institutional
16 solicitations from which an institutional fund resulted, under
17 which property is transferred to or held by an institution as
18 an institutional fund.
19 (3) APPROPRIATION OF APPRECIATION.--The governing
20 board may appropriate for expenditure for the uses and
21 purposes for which an endowment fund is established so much of
22 the net appreciation, realized and unrealized, in the fair
23 value of the assets of an endowment fund over the historic
24 dollar value of the fund as is prudent under the standard
25 established by subsection (7). This subsection does not limit
26 the authority of the governing board to expend funds as
27 permitted under other law, the terms of the applicable gift
28 instrument, or the charter of the institution.
29 (4) RULE OF CONSTRUCTION.--Subsection (3) does not
30 apply if the applicable gift instrument indicates the donor's
31 intention that net appreciation shall not be expended. A
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1 restriction upon the expenditure of net appreciation may not
2 be implied from a designation of a gift as an endowment, or
3 from a direction or authorization in the applicable gift
4 instrument to use only "income," "interest," "dividends," or
5 "rents, issues or profits," or "to preserve the principal
6 intact," or a direction which contains other words of similar
7 import. This rule of construction applies to gift instruments
8 executed or in effect before or after October 1, 1990.
9 (5) INVESTMENT AUTHORITY.--In addition to an
10 investment otherwise authorized by law or by the applicable
11 gift instrument, and without restriction to investments a
12 fiduciary may make, the governing board, subject to any
13 specific limitations set forth in the applicable gift
14 instrument or in the applicable law other than law relating to
15 investments by a fiduciary, may:
16 (a) Invest and reinvest an institutional fund in any
17 real or personal property deemed advisable by the governing
18 board, whether or not it produces a current return, including
19 mortgages, stocks, bonds, debentures, and other securities of
20 profit or nonprofit corporations, shares in or obligations of
21 associations, partnerships, or individuals, and obligations of
22 any government or subdivision or instrumentality thereof.
23 (b) Retain property contributed by a donor to an
24 institutional fund for as long as the governing board deems
25 advisable.
26 (c) Include all or any part of an institutional fund
27 in any pooled or common fund maintained by the institution.
28 (d) Invest all or any part of an institutional fund in
29 any other pooled or common fund available for investment,
30 including shares or interests in regulated investment
31 companies, mutual funds, common trust funds, investment
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1 partnerships, real estate investment trusts, or similar
2 organizations in which funds are commingled and investment
3 determinations are made by persons other than the governing
4 board.
5 (6) DELEGATION OF INVESTMENT MANAGEMENT.--Except as
6 otherwise provided by the applicable gift instrument or by
7 applicable law relating to governmental institutions or funds,
8 the governing board may delegate to its committees, officers
9 or employees of the institution or the fund, or agents,
10 including investment counsel, the authority to act in place of
11 the board in investment and reinvestment of institutional
12 funds; contract with independent investment advisers,
13 investment counsel or managers, banks, or trust companies, so
14 to act; and authorize the payment of compensation for
15 investment advisory or management services.
16 (7) STANDARD OF CONDUCT.--In the administration of the
17 powers to appropriate appreciation, to make and retain
18 investments, and to delegate investment management of
19 institutional funds, members of a governing board shall
20 exercise ordinary business care and prudence under the facts
21 and circumstances prevailing at the time of the action or
22 decision. In so doing they shall consider long and short term
23 needs of the institution in carrying out its educational
24 purposes, its present and anticipated financial requirements,
25 expected total return on its investments, price level trends,
26 and general economic conditions.
27 (8) RELEASE OF RESTRICTIONS ON USE OR INVESTMENT.--
28 (a) With the written consent of the donor, the
29 governing board may release, in whole or in part, a
30 restriction imposed by the applicable gift instrument on the
31 use or investment of an institutional fund.
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1 (b) If written consent of the donor cannot be obtained
2 by reason of his or her death, disability, unavailability, or
3 impossibility of identification, the governing board may apply
4 in the name of the institution to the circuit court of the
5 county in which the institution is located for release of a
6 restriction imposed by the applicable gift instrument on the
7 use or investment of an institutional fund. The Attorney
8 General shall be notified of the application and shall be
9 given an opportunity to be heard. If the court finds that the
10 restriction is obsolete, inappropriate, or impracticable, it
11 may by order release the restriction in whole or in part. A
12 release under this subsection may not change an endowment fund
13 to a fund that is not an endowment fund.
14 (c) A release under this section may not allow a fund
15 to be used for purposes other than the educational purposes of
16 the institution affected.
17 (d) This subsection does not limit the application of
18 the doctrine of cy-pres.
19 (9) UNIFORMITY OF APPLICATION AND CONSTRUCTION.--This
20 act shall be so applied and construed as to effectuate its
21 general purpose to make uniform the law with respect to the
22 subject of this act among those states which enact it.
23 Section 21. Notwithstanding subsection (7) of section
24 3 of chapter 2000-321, Laws of Florida, section 240.128,
25 Florida Statutes, shall not stand repealed January 7, 2003, as
26 scheduled by that law, but that section is reenacted and
27 amended to read:
28 240.128 Approval required for certain
29 university-related facility acquisitions.--A No university or
30 university direct-support organization may not shall accept or
31 purchase facilities for which the state will be asked for
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1 operating funds without first obtaining approval from unless
2 there has been prior approval for acquisition granted by the
3 Legislature.
4 Section 22. Section 240.132, Florida Statutes, is
5 repealed.
6 Section 23. Notwithstanding subsection (7) of section
7 3 of chapter 2000-321, Laws of Florida, section 240.1325,
8 Florida Statutes, shall not stand repealed January 7, 2003, as
9 scheduled by that law, but that section is reenacted and
10 amended to read:
11 240.1325 Hazing prohibited.--
12 (1) As used in this section, "hazing" means any action
13 or situation which recklessly or intentionally endangers the
14 mental or physical health or safety of a student for the
15 purpose of initiation or admission into or affiliation with
16 any organization operating under the sanction of a
17 postsecondary institution. Such term includes, but is not
18 limited to, any brutality of a physical nature, such as
19 whipping, beating, branding, forced calisthenics, exposure to
20 the elements, forced consumption of any food, liquor, drug, or
21 other substance, or other forced physical activity which could
22 adversely affect the physical health or safety of the student,
23 and also includes any activity which would subject the student
24 to extreme mental stress, such as sleep deprivation, forced
25 exclusion from social contact, forced conduct which could
26 result in extreme embarrassment, or other forced activity
27 which could adversely affect the mental health or dignity of
28 the student.
29 (1)(2) Public and independent private colleges and
30 universities whose students receive state student financial
31 assistance must adopt a written antihazing policy and under
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1 such policy must adopt rules prohibiting students or other
2 persons associated with any student organization from engaging
3 in hazing.
4 (2)(3) Public and independent private colleges and
5 universities must provide a program for the enforcement of
6 such rules and must adopt appropriate penalties for violations
7 of such rules, to be administered by the person at the college
8 or university responsible for student activities of the
9 college or university organization.
10 Section 24. Notwithstanding subsection (7) of section
11 3 of chapter 2000-321, Laws of Florida, section 240.133,
12 Florida Statutes, shall not stand repealed January 7, 2003, as
13 scheduled by that law, but that section is reenacted and
14 amended to read:
15 240.133 Expulsion and discipline of students of public
16 postsecondary educational institutions the State University
17 System and community colleges.--
18 (1) Each student in a public postsecondary educational
19 institution the State University System and each student in a
20 community college is subject to federal and state law,
21 respective county and municipal ordinances, and all rules and
22 regulations of the educational institution Board of Regents or
23 board of trustees of the community college.
24 (2) Violation of these published laws, ordinances, or
25 rules and regulations may subject the violator to appropriate
26 action by the institution's university or community college
27 authorities.
28 (3) Each president of a university or community
29 college, and each superintendent of a school district with a
30 public technical center has in the State University System and
31 each president of a community college shall have authority,
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1 after notice to the student of the charges and after a hearing
2 thereon, to expel, suspend, or otherwise discipline any
3 student who is found to have violated any law, ordinance, or
4 rule or regulation of the Board of Regents or of the board of
5 trustees of the community college. A student may be entitled
6 to waiver of expulsion:
7 (a) If the student provides substantial assistance in
8 the identification, arrest, or conviction of any of his or her
9 accomplices, accessories, coconspirators, or principals or of
10 any other person engaged in violations of chapter 893 within
11 the State University System or community colleges;
12 (b) If the student voluntarily discloses his or her
13 violations of chapter 893 prior to his or her arrest; or
14 (c) If the student commits himself or herself, or is
15 referred by the court in lieu of sentence, to a state-licensed
16 drug abuse program and successfully completes the program.
17 Section 25. Notwithstanding subsection (7) of section
18 3 of chapter 2000-321, Laws of Florida, section 240.134,
19 Florida Statutes, shall not stand repealed January 7, 2003, as
20 scheduled by that law, but that section is reenacted and
21 amended to read:
22 240.134 Religious observances.--Each state university,
23 community college, and career and technical center degree
24 career education school shall adopt a policy in accordance
25 with rules of the Board of Regents, the State Board of
26 Community Colleges, or the State Board of Education which
27 reasonably accommodates the religious observance, practice,
28 and belief of individual students in regard to admissions,
29 class attendance, and the scheduling of examinations and work
30 assignments. Each policy shall include a grievance procedure
31 by which a student who believes that he or she has been
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1 unreasonably denied an educational benefit due to his or her
2 religious belief or practices may seek redress. This Such
3 policy shall be made known to faculty and students annually in
4 inclusion in the institution's handbook, manual, or other
5 similar document regularly provided to faculty and students.
6 Section 26. Section 240.135, Florida Statutes, is
7 repealed.
8 Section 27. Notwithstanding subsection (7) of section
9 3 of chapter 2000-321, Laws of Florida, section 240.136,
10 Florida Statutes, shall not stand repealed January 7, 2003, as
11 scheduled by that law, but that section is reenacted and
12 amended to read:
13 240.136 Suspension and removal from office of elected
14 student government officials; referendum.--Each state
15 university and community college student government
16 association shall establish a process within 60 days of this
17 act becoming a law to provide for the removal from office of
18 any elected student government official for malfeasance,
19 misfeasance, neglect of duty, incompetence, or permanent
20 inability to perform his or her official duties or for
21 pleading nolo contendere to, or being found guilty of, a crime
22 who has been convicted of a violation of criminal law or has
23 been found civilly liable for an act of moral turpitude, after
24 all available rights of judicial appeal have been exercised or
25 waived or have expired. The process shall include a procedure
26 for the immediate suspension of the student government
27 official from elected office following the conviction or civil
28 finding and during any appeal, and shall provide for the
29 temporary successor to the subject office pending completion
30 of any appeal. The process must also include a procedure for
31 registered students to petition for a referendum recommending
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1 to the student government association the removal of a student
2 official from elected office. The referendum must be held
3 within 60 days after of filing of the petition. The
4 recommendation to remove the subject official from elected
5 office shall be made by majority vote of the students
6 participating in the referendum is sufficient for removal. The
7 university or college president or his or her designee may
8 appeal an action of a student government association under
9 this section shall be subject to an appeal to the university
10 or community college president or designee.
11 Section 28. Section 240.139, Florida Statutes, is
12 repealed.
13 Section 29. Notwithstanding subsection (7) of section
14 3 of chapter 2000-321, Laws of Florida, section 240.152,
15 Florida Statutes, shall not stand repealed January 7, 2003, as
16 scheduled by that law, but that section is reenacted and
17 amended to read:
18 240.152 Students with documented disabilities Impaired
19 and learning disabled persons; admission to postsecondary
20 institutions; substitute requirements; rules.--Any person who
21 has a documented disability is is hearing impaired, visually
22 impaired, or dyslexic, or who has a specific learning
23 disability, shall be eligible for reasonable substitution for
24 any requirement for admission to a state university, community
25 college, or public degree career technical center education
26 institution where documentation can be provided that the
27 person's failure to meet the admission requirement is related
28 to the disability. The State Board of Education, the Board of
29 Regents, and the State Board of Community Colleges shall adopt
30 rules to implement this section and shall develop substitute
31 admission requirements where appropriate.
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1 Section 30. Notwithstanding subsection (7) of section
2 3 of chapter 2000-321, Laws of Florida, section 240.153,
3 Florida Statutes, shall not stand repealed January 7, 2003, as
4 scheduled by that law, but that section is reenacted and
5 amended to read:
6 240.153 Students with a documented disability Impaired
7 and learning disabled persons; graduation, study program
8 admission, and upper-division entry; substitute requirements;
9 rules.--Any student in a state university, community college,
10 or public degree career technical center education institution
11 who has a documented disability is is hearing impaired,
12 visually impaired, or dyslexic, or who has a specific learning
13 disability, shall be eligible for reasonable substitution for
14 any requirement for graduation, for admission into a program
15 of study, or for entry into upper division where documentation
16 can be provided that the person's failure to meet the
17 requirement is related to the disability and where the failure
18 to meet the graduation requirement or program admission
19 requirement does not constitute a fundamental alteration in
20 the nature of the program. The State Board of Education, the
21 Board of Regents, and the State Board of Community Colleges
22 shall adopt rules to implement this section and shall develop
23 substitute requirements where appropriate.
24 Section 31. Notwithstanding subsection (7) of section
25 3 of chapter 2000-321, Laws of Florida, section 240.155,
26 Florida Statutes, shall not stand repealed January 7, 2003, as
27 scheduled by that law, but that section is reenacted and
28 amended to read:
29 240.155 Campus master plans and campus development
30 agreements.--
31
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1 (1) This section contains provisions for campus
2 planning and concurrency management that supersede the
3 requirements of part II of chapter 163, except when stated
4 otherwise in this section. These special growth management
5 provisions are adopted in recognition of the unique
6 relationship between campuses of the state universities State
7 University System and the local governments in which they are
8 located. While the campuses provide research and educational
9 benefits of statewide and national importance, and further
10 provide substantial educational, economic, and cultural
11 benefits to their host local governments, they may also have
12 an adverse impact on the public facilities and services and
13 natural resources of host governments. On balance, however,
14 universities should be considered as vital public facilities
15 of the state and local governments. The intent of this
16 section is to address this unique relationship by providing
17 for the preparation of campus master plans and associated
18 campus development agreements.
19 (2) As used in this section:
20 (a) "Affected local government" means a unit of local
21 government that provides public services to or is responsible
22 for maintaining facilities within a campus of an institution
23 in the State University System or is directly affected by
24 development that is proposed for a campus.
25 (b) "Affected person" means a host local government;
26 an affected local government; any state, regional, or federal
27 agency; or a person who resides, owns property, or owns or
28 operates a business within the boundaries of a host local
29 government or affected local government.
30 (c) "Host local government" means a local government
31 within the jurisdiction of which all or part of a campus of an
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1 institution is located, but does not include a county if no
2 part of an institution is located within its unincorporated
3 area.
4 (d) "Institution" means a state university in the
5 State University System.
6 (3) Each university board of trustees shall The Board
7 of Regents shall, no later than 24 months after July 1, 1993,
8 prepare and adopt a campus master plan for its the campus of
9 each institution over which it has jurisdiction. The master
10 plan must identify general land uses and address the need for
11 and plans for provision of roads, parking, public
12 transportation, solid waste, drainage, sewer, potable water,
13 and recreation and open space during the coming 10 to 20
14 years. The plans must contain elements relating to future
15 land use, intergovernmental coordination, capital
16 improvements, recreation and open space, general
17 infrastructure, housing, and conservation. Each element must
18 address compatibility with the surrounding community. The
19 master plan must identify specific land uses, location of
20 structures, densities and intensities of use, and contain
21 standards for onsite development, site design, environmental
22 management, and the preservation of historic and
23 archaeological resources. The transportation element must
24 address reasonable transportation demand management techniques
25 to minimize offsite impacts where possible. Data and analyses
26 on which the elements are based must include, at a minimum:
27 the characteristics of vacant lands; projected impacts of
28 development on onsite and offsite infrastructure, public
29 services, and natural resources; student enrollment
30 projections; student housing needs; and the need for academic
31 and support facilities. The State Board of Education must
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1 approve the master plan of each university to assure
2 consistency with its strategic plan. Master plans must be
3 updated and reviewed by the state board at least every 5
4 years.
5 (4) Campus master plans may contain additional
6 elements at the discretion of the board of trustees Regents;
7 however, such elements are not subject to review under this
8 section. These additional elements may include the academic
9 mission of the institution, academic program, utilities,
10 public safety, architectural design, landscape architectural
11 design, and facilities maintenance.
12 (5) Subject to the right of the board of trustees
13 Regents to initiate the dispute resolution provisions of
14 subsection (8), a campus master plan must not be in conflict
15 with the comprehensive plan of the host local government and
16 the comprehensive plan of any affected local governments. A
17 campus master plan must be consistent with the state
18 comprehensive plan.
19 (6) Before a campus master plan is adopted, a copy of
20 the draft master plan must be sent for review to the host and
21 any affected local governments, the state land planning
22 agency, the Department of Environmental Protection, the
23 Department of Transportation, the Department of State, the
24 Fish and Wildlife Conservation Commission, and the applicable
25 water management district and regional planning council. These
26 agencies must be given 90 days after receipt of the campus
27 master plans in which to conduct their review and provide
28 comments to the board of trustees Regents. The commencement of
29 this review period must be advertised in newspapers of general
30 circulation within the host local government and any affected
31 local government to allow for public comment. Following
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1 receipt and consideration of all comments, and the holding of
2 at least two public hearings within the host jurisdiction, the
3 board of trustees Regents shall adopt the campus master plan.
4 It is the intent of the Legislature that the board of trustees
5 Regents comply with the notice requirements set forth in s.
6 163.3184(15) to ensure full public participation in this
7 planning process. Campus master plans developed under this
8 section are not rules and are not subject to chapter 120
9 except as otherwise provided in this section.
10 (7) Notice that the campus master plan has been
11 adopted must be forwarded within 45 days after its adoption to
12 any affected person that submitted comments on the draft
13 campus master plan. The notice must state how and where a copy
14 of the master plan may be obtained or inspected. Within 30
15 days after receipt of the notice of adoption of the campus
16 master plan, or 30 days after the date the adopted plan is
17 available for review, whichever is later, an affected person
18 who submitted comments on the draft master plan may petition
19 the board of trustees Regents, challenging the campus master
20 plan as not being in compliance with this section or any rule
21 adopted under this section. The petition must state each
22 objection, identify its source, and provide a recommended
23 action. A petition filed by an affected local government may
24 raise only those issues directly pertaining to the public
25 facilities or services that the affected local government
26 provides to or maintains within the campus or to the direct
27 impact that campus development would have on the affected
28 local government.
29 (8) Following receipt of a petition, the petitioning
30 party or parties and the board of trustees Regents shall
31 mediate the issues in dispute as follows:
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1 (a) The parties have 60 days to resolve the issues in
2 dispute. Other affected parties that submitted comments on the
3 draft campus master plan must be given the opportunity to
4 participate in these and subsequent proceedings.
5 (b) If resolution of the matter cannot be achieved
6 within 60 days, the issues must be submitted to the state land
7 planning agency. The state land planning agency has 60 days
8 to hold informal hearings, if necessary, identify the issues
9 remaining in dispute, prepare a record of the proceedings, and
10 submit the matter to the Administration Commission for final
11 action. The report to the Administration Commission must list
12 each issue in dispute, describe the nature and basis for each
13 dispute, identify alternative resolutions of the dispute, and
14 make recommendations.
15 (c) After receiving the report from the state land
16 planning agency, the Administration Commission shall take
17 action to resolve the issues in dispute. In deciding upon a
18 proper resolution, the Administration Commission shall
19 consider the nature of the issues in dispute, the compliance
20 of the parties with this section, the extent of the conflict
21 between the parties, the comparative hardships, and the public
22 interest involved. If the Administration Commission
23 incorporates in its final order a term or condition that
24 specifically requires the board of trustees Regents or a local
25 government to amend or modify its plan, the board of trustees
26 Regents shall have a reasonable period of time to amend or
27 modify its plan, and a local government shall initiate the
28 required plan amendment, which shall be exempt from the
29 requirements of s. 163.3187(1). Any required amendment to a
30 local government comprehensive plan must be limited in scope
31 so as to only relate to specific impacts attributable to the
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1 campus development. The final order of the Administration
2 Commission is subject to judicial review as provided in s.
3 120.68.
4 (9) An amendment to a campus master plan must be
5 reviewed and adopted under subsections (6)-(8) if such
6 amendment, alone or in conjunction with other amendments,
7 would:
8 (a) Increase density or intensity of use of land on
9 the campus by more than 10 percent;
10 (b) Decrease the amount of natural areas, open space,
11 or buffers on the campus by more than 10 percent; or
12 (c) Rearrange land uses in a manner that will increase
13 the impact of any proposed campus development by more than 10
14 percent on a road or on another public facility or service
15 provided or maintained by the state, the county, the host
16 local government, or any affected local government.
17 (10) Upon adoption of a campus master plan, the board
18 of trustees Regents shall draft a proposed campus development
19 agreement for each local government and send it to the local
20 government within 270 days after the adoption of the relevant
21 campus master plan.
22 (11) At a minimum, each campus development agreement:
23 (a) Must identify the geographic area of the campus
24 and local government covered by the campus development
25 agreement.
26 (b) Must establish its duration, which must be at
27 least 5 years and not more than 10 years.
28 (c) Must address public facilities and services
29 including roads, sanitary sewer, solid waste, drainage,
30 potable water, parks and recreation, and public
31 transportation.
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1 (d) Must, for each of the facilities and services
2 listed in paragraph (c), identify the level-of-service
3 standard established by the applicable local government,
4 identify the entity that will provide the service to the
5 campus, and describe any financial arrangements between the
6 board of trustees Regents and other entities relating to the
7 provision of the facility or service.
8 (e) Must, for each of the facilities and services
9 listed in paragraph (c), determine the impact of existing and
10 proposed campus development reasonably expected over the term
11 of the campus development agreement on each service or
12 facility and any deficiencies in such service or facility
13 which the proposed campus development will create or to which
14 it will contribute.
15 (f) May, if proposed by the board of trustees Regents,
16 address the issues prescribed in paragraphs (d) and (e) with
17 regard to additional facilities and services, including, but
18 not limited to, electricity, nonpotable water, law
19 enforcement, fire and emergency rescue, gas, and telephone.
20 (g) Must, to the extent it addresses issues addressed
21 in the campus master plan and host local government
22 comprehensive plan, be consistent with the adopted campus
23 master plan and host local government comprehensive plan.
24 (12)(a) Each proposed campus development agreement
25 must clearly identify the lands to which the board of trustees
26 Regents intends the campus development agreement to apply.
27 (b) Such land may include:
28 1. Land to be purchased by the board of trustees
29 Regents and titled in the name of the Board of Trustees of the
30 Internal Improvement Trust Fund for use by an institution over
31 the life of the campus development agreement.
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1 2. Land not owned by the Board of Trustees of the
2 Internal Improvement Trust Fund if the university board of
3 trustees Regents intends to undertake development activities
4 on the land during the term of the campus development
5 agreement.
6 3. Land that is not owned by the Board of Trustees of
7 the Internal Improvement Trust Fund because the university
8 board of trustees purchases that land after the effective date
9 of this act.
10 (c) Land owned by the Board of Trustees of the
11 Internal Improvement Trust Fund for lease to the university
12 board of trustees Regents acting on behalf of the institution
13 may be excluded, but any development activity undertaken on
14 excluded land is subject to part II of chapter 163.
15 (13) With regard to the impact of campus development
16 on the facilities and services listed in paragraph (11)(c),
17 the following applies:
18 (a) All improvements to facilities or services which
19 are necessary to eliminate the deficiencies identified in
20 paragraph (11)(e) must be specifically listed in the campus
21 development agreement.
22 (b) The university board of trustees' Regent's fair
23 share of the cost of the measures identified in paragraph (a)
24 must be stated in the campus development agreement. In
25 determining the fair share, the effect of any demand
26 management techniques, which may include such techniques as
27 flexible work hours and carpooling, that are used by the board
28 of trustees Regents to minimize the offsite impacts shall be
29 considered.
30
31
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1 (c) The board of trustees Regents is responsible for
2 paying the fair share identified in paragraph (b), and it may
3 do so by:
4 1. Paying a fair share of each of the improvements
5 identified in paragraph (a); or
6 2. Taking on full responsibility for the improvements,
7 selected from the list of improvements identified in paragraph
8 (a), and agreed to between the host local government and the
9 board of trustees Regents, the total cost of which equals the
10 contribution identified in paragraph (b).
11 (d) All concurrency management responsibilities of the
12 board of trustees Regents are fulfilled if the board of
13 trustees Regents expends the total amount of funds identified
14 in paragraph (b) notwithstanding that the board of trustees
15 Regents may not have undertaken or made contributions to some
16 of the measures identified in paragraph (a).
17 (e) Capital projects included in the campus
18 development agreement may be used by the local government for
19 the concurrency management purposes.
20 (f) Funds provided by universities in accordance with
21 campus development agreements are subject to appropriation by
22 the Legislature. A development authorized by a campus
23 development agreement may not be built until the funds to be
24 provided pursuant to paragraph (b) are appropriated by the
25 Legislature.
26 (14) A campus development agreement may not address or
27 include any standards or requirements for onsite development,
28 including environmental management requirements or
29 requirements for site preparation.
30 (15) Once the board of trustees Regents and host local
31 government agree on the provisions of the campus development
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1 agreement, the campus development agreement shall be executed
2 by the board of trustees Regents and the host local government
3 in a manner consistent with the requirements of s. 163.3225.
4 Once the campus development agreement is executed, it is
5 binding upon the board of trustees Regents and host local
6 government. A copy of the executed campus development
7 agreement must be sent to the state land planning agency
8 within 14 days after the date of execution.
9 (16) If, within 180 days following the host local
10 government's receipt of the proposed campus development
11 agreement, the board of trustees Regents and host local
12 government cannot reach agreement on the provisions of the
13 campus development agreement, the following procedures for
14 resolving the matter must be followed:
15 (a) The matter must be submitted to the state land
16 planning agency, which has 60 days to hold informal hearings,
17 if necessary, and identify the issues remaining in dispute,
18 prepare a record of the proceedings, and submit the matter to
19 the Administration Commission for final action. The report to
20 the Administration Commission must list each issue in dispute,
21 describe the nature and basis for each dispute, identify
22 alternative resolutions of each dispute, and make
23 recommendations.
24 (b) After receiving the report from the state land
25 planning agency, the Administration Commission shall take
26 action to resolve the issues in dispute. In deciding upon a
27 proper resolution, the Administration Commission shall
28 consider the nature of the issues in dispute, the compliance
29 of the parties with this section, the extent of the conflict
30 between the parties, the comparative hardships, and the public
31 interest involved. In resolving the matter, the
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1 Administration Commission may prescribe, by order, the
2 contents of the campus development agreement.
3 (17) Disputes that arise in the implementation of an
4 executed campus development agreement must be resolved as
5 follows:
6 (a) Each party shall select one mediator and notify
7 the other in writing of the selection. Thereafter, within 15
8 days after their selection, the two mediators selected by the
9 parties shall select a neutral, third mediator to complete the
10 mediation panel.
11 (b) Each party is responsible for all costs and fees
12 payable to the mediator selected by it and shall equally bear
13 responsibility for the costs and fees payable to the third
14 mediator for services rendered and costs expended in
15 connection with resolving disputes pursuant to the campus
16 development agreement.
17 (c) Within 10 days after the selection of the
18 mediation panel, proceedings must be convened by the panel to
19 resolve the issues in dispute.
20 (d) Within 60 days after the convening of the panel,
21 the panel shall issue a report containing a recommended
22 resolution of the issues in dispute.
23 (e) If either the board of trustees Regents or local
24 government rejects the recommended resolution of the issues in
25 dispute, the disputed issues must be resolved pursuant to the
26 procedures provided by subsection (16).
27 (18) Once the campus development agreement is
28 executed, all campus development may proceed without further
29 review by the host local government if it is consistent with
30 the adopted campus master plan and associated campus
31 development agreement.
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1 (19) A campus development agreement may be amended
2 under subsections (10)-(16):
3 (a) In conjunction with any amendment to the campus
4 master plan subject to the requirements in subsection (9).
5 (b) If either party delays by more than 12 months the
6 construction of a capital improvement identified in the
7 agreement.
8 (20) Any party to a campus development agreement or
9 aggrieved or adversely affected person, as defined in s.
10 163.3215(2), may file an action for injunctive relief in the
11 circuit court where the host local government is located to
12 enforce the terms of a campus development agreement or to
13 challenge compliance of the agreement with this section. This
14 action shall be the sole and exclusive remedy of an adversely
15 affected person other than a party to the agreement to enforce
16 any rights or obligations arising from a development
17 agreement.
18 (21) State and regional environmental program
19 requirements remain applicable, except that this section
20 supersedes all other sections of part II of chapter 163 and s.
21 380.06 except as provided in this section.
22 (22) In consultation with the state land planning
23 agency, the Board of Regents shall adopt rules implementing
24 subsections (3)-(6) within 180 days after July 1, 1993. The
25 rules must set specific schedules and procedures for the
26 development and adoption of campus master plans.
27 (23) Until the campus master plan and campus
28 development agreement for an institution have been finalized,
29 any dispute between the board of trustees Regents and a local
30 government relating to campus development for that institution
31
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1 shall be resolved by the process established in subsection
2 (8).
3 Section 32. Notwithstanding subsection (7) of section
4 3 of chapter 2000-321, Laws of Florida, section 240.156,
5 Florida Statutes, shall not stand repealed January 7, 2003, as
6 scheduled by that law, but that section is reenacted and
7 amended to read:
8 240.156 State University System Concurrency Trust
9 Fund.--Notwithstanding any other provision of law, the general
10 revenue service charge deducted pursuant to s. 215.20 on
11 revenues raised by any local option motor fuel tax levied
12 pursuant to s. 336.025(1)(b), as created by chapter 93-206,
13 Laws of Florida, shall be deposited in the State University
14 System Concurrency Trust Fund, which is hereby created. Moneys
15 in such trust fund shall be for the purpose of funding State
16 University System offsite improvements to state universities
17 that are required to meet concurrency standards adopted under
18 part II of chapter 163. In addition, in any year in which
19 campus master plans are updated pursuant to s. 240.155, but no
20 more frequently than once every 5 years, up to 25 percent of
21 the balance in the trust fund for that year may be used to
22 defray the costs incurred in updating those campus master
23 plans.
24 Section 33. Notwithstanding subsection (7) of section
25 3 of chapter 2000-321, Laws of Florida, section 240.2011,
26 Florida Statutes, shall not stand repealed January 7, 2003, as
27 scheduled by that law, but that section is reenacted and
28 amended to read:
29 240.2011 State universities and colleges University
30 System defined.--The state universities and colleges
31 University System shall consist of the following:
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1 (1) The Board of Regents of the Division of
2 Universities of the Department of Education, with a central
3 office located in Leon County.
4 (1)(2) The University of Florida, with a main campus
5 located in Alachua County.
6 (2)(3) The Florida State University, with a main
7 campus located in Leon County.
8 (3)(4) The Florida Agricultural and Mechanical
9 University, with a main campus located in Leon County.
10 (4)(5) The University of South Florida, with a main
11 campus located in Hillsborough County and two fiscally
12 autonomous campuses, one in Pinellas County, named the
13 University of South Florida St. Petersburg, and the other
14 named the University of South Florida Sarasota/Manatee.
15 (5)(6) The Florida Atlantic University, with partner
16 campuses located in Palm Beach County and Broward County.
17 (6)(7) The University of West Florida, with a main
18 campus located in Escambia County.
19 (7)(8) The University of Central Florida, with a main
20 campus located in Orange County.
21 (8)(9) The University of North Florida, with a main
22 campus located in Duval County.
23 (9)(10) The Florida International University, with a
24 main campus located in Dade County.
25 (10)(11) The Florida Gulf Coast University, with a
26 main campus located in Fort Myers.
27 (11)(12) New College of Florida, located in Sarasota
28 County, which is the 4-year residential liberal arts honors
29 college of the State of Florida.
30 Section 34. Section 240.2012, Florida Statutes, is
31 created to read:
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1 240.2012 Board of trustees of the state universities
2 and colleges.--
3 (1)(a) It is the intent of the Legislature that each
4 state university and college shall be governed by a board of
5 trustees and that no department, bureau, division, agency, or
6 subdivision of the state shall exercise any responsibility or
7 authority to operate or regulate any state university or
8 college except as is specifically provided by law. Each state
9 university and college shall be an independent, separate legal
10 entity. The university and college boards of trustees and the
11 state universities and colleges are not state agencies unless
12 specifically provided by law.
13 (b) The Governor shall appoint for each state
14 university and college a 12-member board of trustees. Each
15 member is subject to confirmation by the Senate in the regular
16 legislative session immediately following his or her
17 appointment. In addition to the 12 members of the board of
18 trustees, a main campus student body president shall serve as
19 an ex officio voting member of the board of trustees. There
20 shall be no state residency requirement for university and
21 college board members, but the Governor shall consider
22 diversity and regional representation. Members of the boards
23 of trustees shall receive no compensation, but may be
24 reimbursed for travel and per diem expenses as provided in s.
25 112.061.
26 (c) The Governor may remove a trustee for cause. Upon
27 a determination by a court of a second violation of s. 286.011
28 by a member of a university or college board of trustees, the
29 member is subject to removal for cause. Upon a determination
30 by a court that a member has knowingly violated s. 286.011,
31 the member shall be removed. The Governor shall appoint a new
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1 member of the board pursuant to subsection (1). The penalties
2 imposed by this paragraph are cumulative to the penalties
3 imposed under s. 286.011. Violations of s. 286.011 prior to
4 the enactment of this paragraph shall not constitute
5 violations for purposes of this paragraph.
6 (2) Each board of trustees shall be a public body
7 corporate by the name of "The (name of university or college)
8 Board of Trustees," with all the powers of a body corporate,
9 including a corporate seal, the power to contract and be
10 contracted with, to sue and be sued, to plead and be impleaded
11 in all courts of law or equity, and to give and receive
12 donations. In all suits against a board of trustees, service
13 of process shall be made on the chair of the board or, in the
14 absence of the chair, on the corporate secretary or designee.
15 In any suit, a change in personnel of the board shall not
16 abate the suit, which shall proceed as if such change had not
17 taken place.
18 (3) Boards of trustees' members shall be appointed for
19 staggered 4-year terms, and may be reappointed for additional
20 terms not to exceed 8 years of service.
21 (4) Each board of trustees shall select its chair and
22 vice chair from the appointed members at its first regular
23 meeting after July 1. The chair shall serve for 2 years and
24 may be reselected for one additional consecutive term. The
25 duties of the chair shall include presiding at all meetings of
26 the board, calling special meetings of the board, attesting to
27 actions of the board, and notifying the Governor in writing
28 whenever a board member fails to attend three consecutive
29 regular board meetings in any fiscal year, which failure may
30 be grounds for removal. The duty of the vice chair is to act
31 as chair during the absence or disability of the chair.
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1 (5) The university or college president shall serve as
2 executive officer and corporate secretary of the board of
3 trustees and shall be responsible to the board for all
4 operations of the university or college and for setting the
5 agenda for meetings of the board in consultation with the
6 chair.
7 (6) The boards of trustees shall be responsible for
8 cost-effective policy decisions appropriate to the mission of
9 the state university or college; the implementation and
10 maintenance of high-quality education programs within law and
11 rules of the State Board of Education; the measurement of
12 performance, the reporting of information; and the provision
13 of input regarding state policy, budgeting, and education
14 standards.
15 (7) University and college boards of trustees shall be
16 corporations primarily acting as instrumentalities or agencies
17 of the state, pursuant to s. 768.28(2), for purposes of
18 sovereign immunity.
19 Section 35. Section 240.2013, Florida Statutes, is
20 created to read:
21 240.2013 Powers and duties of university and college
22 boards of trustees.--
23 (1) Each university and college board of trustees is
24 vested with the authority to govern and set policy for its
25 university or college in accordance with law and with rules of
26 the State Board of Education. Each board of trustees shall
27 perform all duties assigned by law or by rule of the State
28 Board of Education.
29 (2) Each university and college board of trustees may
30 adopt rules, pursuant to chapter 120, and policies consistent
31 with the university and college mission, with law, and with
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1 the rules of the State Board of Education, including rules and
2 policies for:
3 (a) Selecting the president to serve at the pleasure
4 of the board and to perform the duties assigned by the board
5 or otherwise provided by law or by rule.
6 (b) Fixing the compensation and other conditions of
7 employment of the president.
8 (c) Conducting annual evaluations of the president,
9 submitting such evaluations to the Commissioner of Education
10 for review, and suspending or removing the president in
11 accordance with guidelines established by the State Board of
12 Education.
13 (d) Appointing a presidential search committee to make
14 recommendations to the board of trustees, from which the board
15 may select the university or college president.
16 (e) In consultation with the university or college
17 president, defining and developing a strategic plan for the
18 university or college for recommendation to the Commissioner
19 of Education and the State Board of Education, as provided by
20 law, and specifying institutional goals and objectives.
21 (f) Providing for academic freedom and academic
22 responsibility at the university or college.
23 (g) In consultation with the university or college
24 president, submitting an institutional budget request,
25 including a request for fixed capital outlay, to the
26 Commissioner of Education in accordance with guidelines
27 established by the State Board of Education.
28 (h) Approving new and terminating existing
29 undergraduate and graduate degree programs up to and including
30 the master's degree level. New colleges, schools, or
31 functional equivalents of any program leading to a degree that
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1 is offered as a credential for a specific license granted
2 under the Florida Statutes or the State Constitution may not
3 be established without specific approval of the Legislature.
4 (i) Purchasing, acquiring, receiving, holding, owning,
5 managing, leasing, selling, disposing of, and conveying title
6 to real property that are not state lands in accordance with
7 the rules of the State Board of Education. Notwithstanding s.
8 253.025, university and college boards of trustees may
9 purchase, acquire, receive, hold, own, manage, lease, sell,
10 dispose of, or convey title to real property that are state
11 lands and related improvements, subject to approval of the
12 Board of Internal Improvement Trust Fund or the Division of
13 State Lands. This paragraph does not abrogate in any manner
14 the authority delegated to the Board of Trustees of the
15 Internal Improvement Trust Fund or the Division of State Lands
16 to require policies and procedures to obtain clear title to
17 parcels purchased for university or college purposes. The
18 university and college boards of trustees may secure
19 appraisals and surveys for state lands. The university and
20 college boards of trustees shall comply with the rules of the
21 Board of Trustees of the Internal Improvement Trust Fund in
22 securing appraisals for state lands. Whenever the university
23 and college boards of trustees find it necessary for timely
24 property acquisition of state lands, they may contract,
25 without the need for competitive selection, with one or more
26 appraisers whose names are contained on the list of approved
27 appraisers maintained by the Division of State Lands in the
28 Department of Environmental Protection. The university and
29 college boards of trustees may negotiate and enter into an
30 option contract before an appraisal is obtained for state
31 lands. The option contract must state that the final purchase
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1 price for state lands may not exceed the maximum value allowed
2 by law. Title to state lands leased to the university and
3 college boards of trustees shall remain vested with the Board
4 of Internal Improvement Trust Fund. The university and college
5 boards of trustees shall become successors in interest to
6 leases of state lands leased to the State Board of Education
7 for use by the state universities and colleges.
8 (j) Entering into agreements for and accepting credit
9 card, charge card, and debit card payments as compensation for
10 goods, services, tuition, and fees.
11 (k) Establishing the personnel program for all
12 employees of the university or college in accordance with the
13 law and the rules of the State Board of Education, including
14 compensation and other conditions of employment, recruitment
15 and selection, nonreappointment, standards for performance and
16 conduct, evaluation, benefits and hours of work, recognition,
17 inventions and works, travel, learning opportunities, academic
18 freedom and responsibility, promotion, assignment, demotion,
19 transfer, tenure and permanent status, ethical obligations and
20 conflicts of interest, restrictive covenants, disciplinary
21 actions, complaints, appeals and grievance procedures, and
22 separation and termination from employment. The Department of
23 Management Services shall retain authority over state
24 university and college employees for programs established in
25 ss. 110.123, 110.1232, 110.1234, and 110.1238 and in chapters
26 121, 122, and 238.
27 (l) Establishing and maintaining a personnel exchange
28 program.
29 (m) Ensuring compliance with federal laws,
30 regulations, and requirements.
31
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1 (n) Using, maintaining, protecting, and controlling
2 university and college owned or university and college
3 controlled buildings and grounds, property and equipment,
4 name, trademarks and other proprietary marks, and the
5 financial and other resources of the university or college.
6 Such authority may include placing restrictions on activities;
7 access to facilities; the possession of firearms, food,
8 tobacco, and alcoholic beverages; the distribution of printed
9 materials; animals or their use; and levels of sound. The
10 authority vested in the board in this subsection includes the
11 prioritization of the use of space, property, equipment, and
12 resources, and the imposition of charges for such use.
13 (o) Providing and coordinating policies relating to
14 credit and noncredit educational offerings by the university
15 or college.
16 (p) Establishing a procurement program for the
17 purchase, lease, or acquisition in any manner of goods,
18 materials, equipment, and services required by the university
19 or college, and providing university or college goods,
20 materials, and services through sale, lease, license, or any
21 other manner. University and college boards of trustees must
22 comply with s. 287.055 for the procurement of professional
23 services as defined therein.
24 (q) Establishing and administering faculty practice
25 plans for the academic health science centers.
26 (r) Exercising the right of eminent domain whenever a
27 university or college board of trustees finds it is necessary
28 for the welfare or convenience of the university or college to
29 acquire private property for the use of the university or
30 college, and the same cannot be acquired by agreement
31 satisfactory to the university or college boards of trustees
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1 and parties interested in, or the owners of, said private
2 property. The university or college board of trustees may
3 exercise the right of eminent domain after receiving approval
4 from the State Board of Education and may proceed to condemn
5 the property in the manner provided by chapters 73 and 74.
6 (s) Ensuring compliance with s. 287.09451 for all
7 university or college procurement, and additionally, ss.
8 255.101 and 255.102, for construction contracts, and rules
9 pursuant thereto, relating to the use of minority business
10 enterprises, except that procurements costing less than the
11 amount provided for in CATEGORY FIVE as provided in s. 287.017
12 are not subject to s. 287.09451.
13 (t) Establishing a program for the maintenance and
14 construction of facilities for the state universities and
15 colleges and securing, or otherwise providing as a
16 self-insurer pursuant to s. 440.38(6), workers' compensation
17 coverage for contractors and subcontractors, or each of them,
18 employed by or on behalf of the university or college board of
19 trustees.
20 (u) Ensuring that a school, college, or center at a
21 state university or college is not named for a living person
22 unless approved by the State Board of Education.
23 (v) Managing university and college enrollment as
24 provided by law and the appropriation acts.
25 (w) Advising students who meet the minimum
26 requirements for admission to the upper-division of a state
27 university or college, but are denied admission to limited
28 access programs, of the availability of similar programs at
29 other state universities and colleges and the admissions
30 requirements of such programs.
31
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1 (x) Ensuring that at least half of the required
2 coursework for any baccalaureate degree in the system is
3 offered at the lower-division level, except in program areas
4 approved by the State Board of Education.
5 (y) Ensuring that university and college students are
6 aware of program prerequisites for programs certified as
7 unique pursuant to s. 229.551(1)(f)5.
8 (z) Governing student activities and organizations.
9 (3) A state university or college board of trustees
10 may authorize the rent or lease of parking facilities if the
11 facilities are funded through parking fees or parking fines
12 imposed by a university or college. A board of trustees may
13 authorize a university or college to charge fees for parking
14 at such rented or leased parking facilities.
15 (4) Each board of trustees shall implement the
16 university facilities plan in accordance with law and
17 guidelines of the Commissioner of Education's Office of
18 Educational Facilities and SMART Schools Clearinghouse.
19 (5) A board of trustees shall perform any other duties
20 that are provided by law or rule of the State Board of
21 Education.
22 (6) For purposes of chapter 284, university and
23 college boards of trustees are state agencies. However, the
24 university and college boards of trustees may become exempt
25 from the provisions of chapter 284 if the Department of
26 Insurance determines that the university or college board of
27 trustees maintains insurance protection that is comparable or
28 greater than the coverage limits provided under the State Risk
29 Management Trust Fund.
30 Section 36. Section 240.2014, Florida Statutes, is
31 created to read:
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1 240.2014 University and college presidents; powers and
2 duties.--
3 (1) The president is the chief executive officer of
4 the university or college, shall be corporate secretary of the
5 state university or college board of trustees, and is
6 responsible for the operation and administration of the
7 university or college. Each university and college president
8 shall:
9 (a) Recommend the adoption of rules to the state
10 university or college board of trustees to implement
11 provisions of law governing the operation and administration
12 of the university or college, which shall include the specific
13 powers and duties enumerated in this section.
14 (b) Prepare a budget request and an operating budget
15 for approval by the university or college board of trustees.
16 (c) Administer the university or college personnel
17 system within law and rules of the State Board of Education
18 and in accordance with rules or policies approved by the
19 university or college board of trustees.
20 (d) Govern admissions, subject to laws, rules, and
21 policies of the university or college board of trustees and
22 the State Board of Education.
23 (e) Approve, execute, and administer contracts for and
24 on behalf of the university or college board of trustees for
25 the acquisition of commodities, goods, licenses, equipment,
26 services, leases of real and personal property, and planning
27 and construction to be rendered to or by the university or
28 college. Any contract exceeding $1 million must be approved by
29 the university or college board of trustees before the
30 contract is entered. University and college presidents shall
31 comply with s. 287.055 for the procurement of professional
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1 services. For purposes of a university or college president's
2 contracting authority, a "continuing contract" for
3 professional services under s. 287.055 is one in which
4 construction costs do not exceed $1 million or the fee for
5 study activity does not exceed $100,000.
6 (f) Manage the property and other resources of the
7 university or college.
8 (g) Establish the academic calendar of the university
9 or college.
10 (h) Administer the university's or college's program
11 of intercollegiate athletics.
12 (i) Recommend to the board of trustees the
13 establishment and termination of undergraduate and
14 master's-level degree programs.
15 (j) Award degrees.
16 (k) Recommend to the board of trustees a schedule of
17 tuition and fees to be charged by the university or college,
18 within law and rules of the State Board of Education.
19 (l) Review periodically the operations of the
20 university or college in order to determine how effectively
21 and efficiently the university or college is being
22 administered and whether it is meeting the goals of its
23 strategic plan adopted by the State Board of Education.
24 (m) Enter into agreements for student-exchange
25 programs that involve students at the university or college
26 and students in other institutions of higher learning.
27 (n) Provide purchasing, contracting, and budgetary
28 review processes for student government organizations.
29 (o) Ensure compliance with federal and state laws,
30 rules, and other requirements that are applicable to the
31 university or college.
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1 (p) Maintain all data and information pertaining to
2 the operation of the university or college, and report on the
3 attainment by the university or college of institutional and
4 statewide performance accountability goals.
5 (q) Administer matters relating to students such as
6 classification, attendance, progress, student accounts,
7 discipline, suspension, expulsion, and graduation subject to
8 the law, the rules of the State Board of Education, and the
9 rules of the university and college boards of trustees.
10 (r) Ensure compliance with s. 286.011. Upon a
11 determination by a court of a second violation of s. 286.011
12 by a university or college president, the university or
13 college president is subject to removal for cause. Upon a
14 determination by a court that a university or college
15 president has knowingly violated s. 286.011, the university or
16 college president shall be removed. The university or college
17 board of trustees shall appoint a new president pursuant to s.
18 240.2013. The penalties imposed by this subsection are
19 cumulative to the penalties imposed under s. 286.011.
20 Violations of s. 286.011 prior to the enactment of this
21 subsection shall not constitute violations for purposes of
22 this paragraph.
23 (2) For purposes of this chapter, the powers, duties,
24 and authority vested with a university or college shall be
25 vested with the president of the university or college or his
26 or her designee. Unless expressly prohibited by law, rule of
27 the State Board of Education, or rule of the university or
28 college board of trustees, each university and college
29 president may delegate any power, duty, or authority vested in
30 the university or college president by law, rule of the State
31
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1 Board of Education, or rule of the university or college board
2 of trustees.
3 Section 37. Sections 240.202 and 240.203, Florida
4 Statutes; section 240.205, Florida Statutes, as amended by
5 section 32 of chapter 2001-170, Laws of Florida; section
6 240.207, Florida Statutes; and section 240.209, Florida
7 Statutes, as amended by section 34 of chapter 2001-170, Laws
8 of Florida, and sections 9, 10, and 52 of chapter 2001-254,
9 Laws of Florida, are repealed.
10 Section 38. Notwithstanding subsection (7) of section
11 3 of chapter 2000-321, Laws of Florida, section 240.2093,
12 Florida Statutes, shall not stand repealed January 7, 2003, as
13 scheduled by that law, but that section is reenacted and
14 amended to read:
15 240.2093 State Board of Education Board of Regents;
16 issuance of bonds pursuant to s. 11(f), Art. VII, State
17 Constitution.--
18 (1) Pursuant to s. 11(f), Art. VII of the State
19 Constitution, the State Board of Education Board of Regents of
20 the State University System, supported by the building fee,
21 the capital improvement fee, or any other revenue approved by
22 the Legislature for facilities construction, is authorized to
23 request the issuance of bonds or other forms of indebtedness
24 pursuant to the State Bond Act to finance or refinance capital
25 projects authorized by the Legislature. In order to take
26 advantage of economic conditions, the Division of Bond Finance
27 shall process requests by the State Board of Education Board
28 of Regents to refinance capital projects under this section on
29 a priority basis.
30 (2) The State Board of Education Board of Regents may
31 approve the issuance of revenue bonds or other forms of
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1 indebtedness by a direct-support organization when such
2 revenue bonds or other forms of indebtedness are used to
3 finance or refinance capital projects that which are to
4 provide facilities necessary and desirable to serve the needs
5 and purposes of the state universities and colleges
6 university, as determined by the systemwide strategic plan
7 adopted by the State Board of Education Board of Regents, and
8 when the project has been approved by the Legislature.
9 Section 39. Notwithstanding subsection (7) of section
10 3 of chapter 2000-321, Laws of Florida, section 240.2094,
11 Florida Statutes, shall not stand repealed January 7, 2003, as
12 scheduled by that law, but that section is reenacted and
13 amended to read:
14 240.2094 State university and college University
15 System management flexibility.--
16 (1) Notwithstanding the provisions of s. ss. 216.031,
17 216.181, 216.262, and 240.271 to the contrary and pursuant to
18 the provisions of s. 216.351, but subject to any guidelines
19 imposed in the General Appropriations Act, funds for the
20 operation of the state universities and colleges State
21 University System shall be requested and appropriated as
22 grants and aids. within budget entities, program components,
23 program categories, lump sums, or special categories. Funds
24 appropriated to the State University System for each program
25 category, lump sum, or special category may be transferred to
26 traditional categories for expenditure by the Board of
27 Regents. The Board of Regents shall provide each university an
28 approved budget based upon the appropriations act, and the
29 universities shall develop an annual operating budget that
30 allocates funds by program component and traditional
31 expenditure category.
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1 (2) Notwithstanding the provisions of s. 216.181 and
2 pursuant to the provisions of s. 216.351, but subject to any
3 requirements imposed in the General Appropriations Act, no
4 lump-sum plan is required to implement the special categories,
5 program categories, or lump-sum appropriations. Upon release
6 of the special categories, program categories, or lump-sum
7 appropriations to the Board of Regents, the Comptroller, upon
8 the request of the Board of Regents, shall transfer or
9 reallocate funds to or among accounts established for each
10 university within each budget entity, for disbursement
11 purposes. The Board of Regents shall maintain records to
12 account for the original appropriation.
13 (3) Notwithstanding the provisions of ss. 216.031,
14 216.181, 216.251, and 216.262 to the contrary and pursuant to
15 the provisions of s. 216.351, but subject to any requirements
16 imposed in the General Appropriations Act, the Board of
17 Regents shall establish the authorized positions and initial
18 approved salary rate and may amend such positions and rate,
19 within the maximum number of total positions and salary rate
20 authorized annually in the appropriations act.
21 Section 40. Sections 240.20941, 240.2095, and
22 240.2097, Florida Statutes, are repealed.
23 Section 41. Notwithstanding subsection (7) of section
24 3 of chapter 2000-321, Laws of Florida, section 240.2098,
25 Florida Statutes, shall not stand repealed January 7, 2003, as
26 scheduled by that law, but that section is reenacted and
27 amended to read:
28 240.2098 University Student ombudsman office.--
29 (1) There is created at Each university and college
30 shall have a student ombudsman office, which is accountable to
31 the president.
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1 (2) Each university and college must have an
2 established procedure by which a student may appeal to the
3 office of the ombudsman a decision that is related to the
4 student's access to courses and credit granted toward the
5 degree. Each university and college must notify students of
6 the appeal procedure. Detailed information concerning this
7 procedure must be included in the university catalog.
8 (3) Each university shall develop minimum standards
9 for the role of ombudsman or student advocate. The standards
10 shall address the issue of notification of students of
11 opportunities for assistance or appeal.
12 Section 42. Notwithstanding subsection (7) of section
13 3 of chapter 2000-321, Laws of Florida, section 240.2099,
14 Florida Statutes, shall not stand repealed January 7, 2003, as
15 scheduled by that law, but that section is reenacted and
16 amended to read:
17 240.2099 Computer-assisted student advising system;
18 plans.--The State Board of Education shall establish the
19 Florida Center for Advising and Academic Support whose mission
20 shall be to promote system integration and articulation among
21 K-20 educational organizations through the implementation of a
22 statewide student advising system. The system Board of Regents
23 and State Board of Community Colleges shall develop plans for
24 implementing a single, statewide computer-assisted student
25 advising system, which must be an integral part of the process
26 of advising, admitting, registering, and certifying students
27 for graduation. The Plans shall include timelines for the
28 implementation of the system and shall be submitted to the
29 Legislature by October 1, 1996. It is intended that an
30 advising system shall be the primary advising and tracking
31 tool for students enrolled in community colleges, colleges,
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1 and universities and shall be accessible to students enrolled
2 in each of the state universities, colleges, community
3 colleges, and public secondary schools. The Commissioner of
4 Education shall establish a committee to oversee the
5 development and maintenance of the advising system. The
6 university, college, and community college boards of trustees
7 shall implement the Florida Academic Counseling and Tracking
8 System. The State University System and the community college
9 system shall establish a committee to oversee the development
10 and maintenance of the advising system. The system shall
11 consist of a degree audit and an articulation component that
12 includes the following characteristics:
13 (1) The system shall constitute an integral part of
14 the process of advising students and assisting them in course
15 selection. The system shall be accessible to students in the
16 following ways:
17 (a) A student must be able to access the system, at
18 any time, to identify course options that will meet the
19 requirements of a selected path toward a degree.
20 (b) A status report from the system shall be generated
21 and sent with each grade report to each student with a
22 declared major.
23 (2) The system shall be an integral part of the
24 registration process. As part of the process, the system
25 shall:
26 (a) Provide reports that document each student's
27 status toward completion of a degree.
28 (b) Verify that a student has completed requirements
29 for graduation.
30 (3) The system must provide management information to
31 decisionmakers, including information relating student
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1 enrollment patterns and course demands to plans for
2 corresponding course offerings and information useful in
3 planning the student registration process.
4 (4) The Florida Center for Advising and Academic
5 Support shall also work with the public secondary system to
6 provide computer-assisted student advising through which
7 students may obtain information related to career
8 descriptions, corresponding educational requirements,
9 admission into state universities and colleges, and financial
10 aid.
11 (5) The Florida Center for Advising and Academic
12 Support shall report annually to the President of the Senate
13 and the Speaker of the House of Representatives by December 1,
14 the universities, colleges, and community colleges that have
15 not implemented the statewide computer-assisted student
16 advising system.
17 Section 43. Sections 240.2111 and 240.2112, Florida
18 Statutes, are repealed.
19 Section 44. Notwithstanding subsection (7) of section
20 3 of chapter 2000-321, Laws of Florida, section 240.213,
21 Florida Statutes, shall not stand repealed January 7, 2003, as
22 scheduled by that law, but that section is reenacted and
23 amended to read:
24 240.213 University and college boards of trustees
25 Board authorized to secure liability insurance.--
26 (1) Each university and college board of trustees may
27 The Board of Regents is authorized to secure, or otherwise
28 provide as a self-insurer, or by a combination thereof,
29 comprehensive general liability insurance, including
30 professional liability for health care and veterinary
31 sciences, for:
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1 (a) The university or college board of trustees board.
2 (b) The students of the university or college and
3 faculty of any university within the State University System.
4 (c) The officers, members, employees, faculty, or
5 agents of the university or college board of trustees board.
6 (d) The state university or college, or any college,
7 school, institute, center, or program thereof.
8 (d) The professional practitioners practicing a
9 profession within, or by virtue of employment by, any
10 university in the State University System.
11 (e) Any of the universities in the State University
12 System or subdivisions thereof.
13 (e)(f) Any not-for-profit corporation organized
14 pursuant to chapter 617, and the directors, officers,
15 employees, and agents thereof, which is affiliated with a
16 state university or college in the State University System, if
17 the corporation is operated for the benefit of a state
18 university or college in a manner consistent with the best
19 interests of the state, and if such participation is approved
20 by the self-insurance program appropriate insurance trust fund
21 council, university or college president, and the university
22 or college board of trustees Board of Regents.
23
24 The Board of Regents is authorized to delegate to the
25 universities, as appropriate, the authority to secure any
26 liability insurance for the above.
27 (2) If a university or college board of trustees
28 adopts a self-insurance program, the university or college
29 board of trustees shall establish a governing council to
30 administer the program, including the administration of the
31 self-insurance program assets and expenditures, which shall be
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1 defined by rules adopted by the university or college board of
2 trustees. If the self-insurance program is established for
3 health care or veterinary services, the vice president of
4 health affairs or his or her academic equivalent shall be the
5 chair of the governing council. Each university or college
6 board of trustees shall ensure that the governing council
7 performs an annual actuarial review to establish funding
8 requirements to maintain the fiscal integrity of the
9 self-insurance program. In the event the Board of Regents
10 adopts a self-insurance program, the necessary trust funds in
11 the State Treasury may be established pursuant to law.
12 Provided that the annual actuarial report to the
13 self-insurance trust fund council is provided each year to the
14 Auditor General within 60 days after acceptance by the
15 council, The assets of a self-insurance program shall may be
16 deposited outside the State Treasury, and at the option of the
17 Board of Regents, in accounts established pursuant to law for
18 that purpose. Self-insurance program trust funds shall be
19 administered in accordance with rules adopted by each
20 university or college board of trustees established by the
21 Board of Regents. Each self-insurance program governing
22 council shall make provisions for an annual postaudit of its
23 financial accounts to be conducted by an independent certified
24 public accountant in accordance with the rules adopted by the
25 university or college board of trustees. The annual audit
26 report shall include a management letter and shall be
27 submitted, within 9 months after the end of the fiscal year,
28 to the board of trustees and the Auditor General for review.
29 The university and college boards of trustees, the Auditor
30 General, and the Office of Program Policy Analysis and
31 Government Accountability may require and receive from the
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1 self-insurance program council or from its independent auditor
2 any detail or supplemental data relative to the operation of
3 the self-insurance program.
4 (3) Any self-insurance program created pursuant to
5 this section shall be funded by the entities and individuals
6 protected by such program. Funds may not be appropriated to
7 any self-insurance fund. The assets of the self-insurance
8 program shall be the property of the university or college
9 board of trustees and shall be used to pay the administrative
10 expenses of the self-insurance program and to pay any claim,
11 judgment, or claims bill arising out of activities for which
12 the self-insurance program was created. Investment income that
13 is in excess of that income necessary to ensure the solvency
14 of a self-insurance program as established by a casualty
15 actuary may be used to defray the annual contributions paid
16 into the program by the entities and individuals protected by
17 the program. There shall be no funds appropriated directly to
18 any insurance trust fund. The Board of Regents is authorized
19 to accept any payments, receipts, gifts, or donations made for
20 the purposes of this section and deposit such funds in the
21 appropriate insurance trust fund.
22 (4) No self-insurance program adopted by a university
23 or college board of trustees the Board of Regents may sue or
24 be sued. The Board of Regents shall pay, out of the assets of
25 a trust fund established pursuant to this section, any claim
26 or judgment for which the self-insurance trust funds were
27 created and which is rendered against the board. The claims
28 files of any such program are privileged and confidential,
29 exempt from the provisions of s. 119.07(1), and are only for
30 the use of the program in fulfilling its duties. Any
31
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1 self-insurance trust fund and revenues generated by that fund
2 shall only be used to pay claims and administration expenses.
3 (5) The university and college boards of trustees may
4 adopt Board of Regents is authorized and empowered to make
5 such rules as may be necessary to carry out the provisions of
6 this section, including the delegation of authority, other
7 than rulemaking authority, to appropriate levels of
8 administration within the State University System.
9 Section 45. Notwithstanding subsection (7) of section
10 3 of chapter 2000-321, Laws of Florida, section 240.214,
11 Florida Statutes, shall not stand repealed January 7, 2003, as
12 scheduled by that law, but that section is reenacted and
13 amended to read:
14 240.214 State university and college System
15 accountability process.--It is the intent of the Legislature
16 that an accountability process be implemented which provides
17 for the systematic, ongoing evaluation of quality and
18 effectiveness of the state universities and colleges in the
19 State University System. It is further the intent of the
20 Legislature that this accountability process monitor
21 performance at the system level in each of the major areas of
22 instruction, research, and public service, while recognizing
23 the differing missions of each of the state universities and
24 colleges. The accountability process shall provide for the
25 adoption of systemwide performance standards and performance
26 goals for each standard identified through a collaborative
27 effort involving the state universities and colleges State
28 University System, the Legislature, and the Governor's Office.
29 These standards and goals shall be consistent with s.
30 216.011(1) to maintain congruity with the performance-based
31 budgeting process. This process requires that university and
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1 college accountability reports reflect measures defined
2 through performance-based budgeting. The performance-based
3 budgeting measures must also reflect the elements of teaching,
4 research, and service inherent in the missions of the state
5 universities and colleges institutions in the State University
6 System.
7 (1) By December 31 of each year, the State Board of
8 Education Board of Regents shall submit an annual
9 accountability report providing information on the
10 implementation of performance standards, actions taken to
11 improve university and college achievement of performance
12 goals, the achievement of performance goals during the prior
13 year, and initiatives to be undertaken during the next year.
14 The accountability reports shall be designed in consultation
15 with the Governor's Office, the Office of Program Policy
16 Analysis and Government Accountability, and the Legislature.
17 (2) The State Board of Education Board of Regents
18 shall recommend in the annual accountability report any
19 appropriate modifications to this section.
20 Section 46. Section 240.2145, Florida Statutes, is
21 repealed.
22 Section 47. Notwithstanding subsection (7) of section
23 3 of chapter 2000-321, Laws of Florida, section 240.215,
24 Florida Statutes, shall not stand repealed January 7, 2003, as
25 scheduled by that law, but that section is reenacted and
26 amended to read:
27 240.215 Payment of costs of civil action against
28 officers, agents, members, or employees of a university or
29 college board of trustees employees or members of the Board of
30 Regents.--
31
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1 (1) Whenever any civil action has been brought against
2 any officer, agent, member, or employee of a university or
3 college board of trustees board member or employee for any act
4 or omission arising out of and in the course of the
5 performance of his or her duties and responsibilities, the
6 university or college board of trustees Board of Regents may
7 defray all costs of defending such action, including
8 reasonable attorney's fees and expenses together with costs of
9 appeal, and may save harmless and protect such person from any
10 financial loss resulting from the lawful performance of his or
11 her duties and responsibilities. A university or college board
12 of trustees may settle claims based on such acts or omissions
13 before or after the filing of suit. Claims based on such
14 actions or omissions may, in the discretion of the Board of
15 Regents, be settled prior to or after the filing of suit
16 thereon. A university or college board of trustees The Board
17 of Regents may arrange for and pay the premium for appropriate
18 insurance to cover all such losses and expenses.
19 (2) An employee or agent under the right of control of
20 a university or college board of trustees the Board of Regents
21 who, pursuant to the university or college board of trustees'
22 Board of Regents' policies or rules, renders medical care or
23 treatment at any hospital or health care facility with which a
24 university or college board of trustees the Board of Regents
25 maintains an affiliation agreement whereby the hospital or
26 health care facility provides to the university or college
27 board of trustees Board of Regents a clinical setting for
28 health care education, research, and services, shall not be
29 deemed to be an agent of any person other than the university
30 or college board of trustees Board of Regents in any civil
31 action resulting from any act or omission of the employee or
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1 agent while rendering said medical care or treatment. For this
2 subsection to apply, the patient shall be provided separate
3 written conspicuous notice by the university or college board
4 of trustees Board of Regents or by the hospital or health care
5 facility, and shall acknowledge receipt of this notice, in
6 writing, unless impractical by reason of an emergency, either
7 personally or through another person authorized to give
8 consent for him or her, that he or she will receive care
9 provided by university or college board of trustees' Board of
10 Regents' employees and liability, if any, that may arise from
11 that care is limited as provided by law. Compliance by a
12 hospital or health care facility with the requirements of
13 chapter 395 or s. 766.110(1) shall not be used as evidence in
14 any civil action to establish an agency relationship between
15 the hospital or health care facility and an employee or agent
16 of a university or college board of trustees the Board of
17 Regents providing services within the hospital or health care
18 facility.
19 (3) All faculty physicians employed by a university or
20 college board of trustees the Board of Regents who are subject
21 to the requirements of s. 456.013 shall complete their risk
22 management continuing education on issues specific to academic
23 medicine. Such continuing education shall include instruction
24 for the supervision of resident physicians as required by the
25 Accreditation Council for Graduate Medical Education. The
26 boards described in s. 456.013 shall adopt rules to implement
27 the provisions of this subsection.
28 (4) The university and college boards of trustees may
29 use any funds There are appropriated out of any funds
30 available in the university system, not subject to the
31 obligation of contract, covenant, or trust, or otherwise
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1 restricted by law, the amounts necessary to carry out the
2 purposes of this section.
3 (5) Failure of a university or college board of
4 trustees the Board of Regents or an affiliated health care
5 provider to do any act authorized by this section shall not
6 constitute a cause of action against the university or college
7 board of trustees, its members, officers, agents, or employees
8 Board of Regents, or an affiliated health care provider, or
9 any of its their members, officers, or employees.
10 Section 48. Sections 240.217 and 240.219, Florida
11 Statutes, are repealed.
12 Section 49. Notwithstanding subsection (7) of section
13 3 of chapter 2000-321, Laws of Florida, section 240.222,
14 Florida Statutes, shall not stand repealed January 7, 2003, as
15 scheduled by that law, but that section is reenacted and
16 amended to read:
17 240.222 Assent to Hatch Act and Morrill Land-Grant
18 Acts Act.--The assent of the Legislature is given to the
19 provisions and requirements of the Acts Act of Congress
20 commonly known as the "Hatch Act of 1887," and the Act of
21 Congress commonly known as the "First Morrill Act of 1862,"
22 and the "Second Morrill Act of 1890," and all acts
23 supplemental thereto., and The Board of Trustees of the
24 University of Florida Regents may receive grants of money
25 appropriated under said acts, insofar as the same, or so much
26 thereof, can be used and appropriated for the benefit of the
27 University of Florida Institute of Food and Agricultural
28 Sciences with respect to the First Morrill Act and the Hatch
29 Act, and all acts supplemental thereto, and the Florida
30 Agricultural and Mechanical University Board of Trustees may
31 receive grants of money appropriated for the benefit of
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1 Florida Agricultural and Mechanical University in the case of
2 the Second Morrill Act, and all acts supplemental thereto
3 State University System. The provisions of chapter 3564, 1885,
4 Laws of Florida, and s. 7, chapter 1776, 1870, Laws of
5 Florida, are made applicable to such universities the State
6 University System insofar as the same are or can be made
7 effective; and all estate, right, property claim, and
8 emoluments, and the rents and issues thereof, or any
9 substitutions thereof, and all claims and demands arising or
10 that may or can arise thereunder, or any Act of Congress in
11 that regard, are hereby preserved, maintained, and transferred
12 to the University of Florida Board of Trustees and Florida
13 Agricultural and Mechanical University Board of Trustees Board
14 of Regents for the use and benefit of such universities under
15 the terms of the acts the State University System.
16 Section 50. Notwithstanding subsection (7) of section
17 3 of chapter 2000-321, Laws of Florida, section 240.223,
18 Florida Statutes, shall not stand repealed January 7, 2003, as
19 scheduled by that law, but that section is reenacted and
20 amended to read:
21 240.223 University and college boards of trustees
22 Board of Regents empowered to act as trustees trustee.--
23 (1) Whenever appointed by any competent court of the
24 state, or by any statute, or in any will, deed, or other
25 instrument, or in any manner whatever as trustee of any funds
26 or real or personal property in which any of the institutions
27 or agencies under its management, control, or supervision, or
28 their departments or branches or students, faculty members,
29 officers, or employees, may be interested as beneficiaries, or
30 otherwise, or for any educational purpose, the university or
31 college board of trustees may Board of Regents is hereby
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1 authorized to act as trustees trustee with full legal capacity
2 as trustees trustee to administer such trust property, and the
3 title thereto shall vest in the university or college board of
4 trustees said board as trustee. In all such cases, the
5 university or college board of trustees Board of Regents shall
6 have the power and capacity to do and perform all things as
7 fully as any individual trustee or other competent trustee
8 might do or perform, and with the same rights, privileges, and
9 duties, including the power, capacity, and authority to
10 convey, transfer, mortgage, or pledge such property held in
11 trust and to contract and execute all other documents relating
12 to said trust property which may be required for, or
13 appropriate to, the administration of such trust or to
14 accomplish the purposes of any such trust.
15 (2) Deeds, mortgages, leases, and other contracts of a
16 university or college board of trustees the Board of Regents
17 relating to real property of any such trust or any interest
18 therein may be executed by the university or college board of
19 trustees Board of Regents, as trustee, in the same manner as
20 is provided by the laws of the state for the execution of
21 similar documents by other corporations or may be executed by
22 the signatures of a majority of the members of the board of
23 trustees; however, to be effective, any such deed, mortgage,
24 or lease contract for more than 10 years of any trust
25 property, executed hereafter by the university or college
26 board of trustees Board of Regents, shall be approved by a
27 resolution of the State Board of Education; and such approving
28 resolution may be evidenced by the signature of either the
29 chair or the secretary of the State Board of Education to an
30 endorsement on the instrument approved, reciting the date of
31 such approval, and bearing the seal of the State Board of
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1 Education. Such signed and sealed endorsement shall be a part
2 of the instrument and entitled to record without further
3 proof.
4 (3) All prior acts of and appointments by the former
5 Board of Regents are hereby approved, ratified, confirmed, and
6 validated. Any and all such appointments of, and acts by, the
7 Board of Regents as trustee of any estate, fund, or property
8 prior to May 18, 1949, are hereby validated, and said board's
9 capacity and authority to act as trustee in all of such cases
10 is ratified and confirmed; and all deeds, conveyances, lease
11 contracts, and other contracts heretofore executed by the
12 Board of Regents, either by the signatures of a majority of
13 the members of the board or in the board's name by its chair
14 or chief executive officer, are hereby approved, ratified,
15 confirmed, and validated.
16 (4) This section does not Nothing herein shall be
17 construed to authorize a university or college board of
18 trustees the Board of Regents to contract a debt on behalf of,
19 or in any way to obligate, the state; and the satisfaction of
20 any debt or obligation incurred by a university or college
21 board of trustees the Board of Regents as trustee under the
22 provisions of this section shall be exclusively from the trust
23 property, mortgaged or encumbered; and nothing herein shall in
24 any manner affect or relate to the provision of part I of
25 chapter 243.
26 Section 51. Notwithstanding subsection (7) of section
27 3 of chapter 2000-321, Laws of Florida, section 240.229,
28 Florida Statutes, shall not stand repealed January 7, 2003, as
29 scheduled by that law, but that section is reenacted and
30 amended to read:
31
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1 240.229 Universities and colleges; powers; patents,
2 copyrights, and trademarks.--Any other law to the contrary
3 notwithstanding, each university and college is authorized, in
4 its own name, to:
5 (1) Perform all things necessary to secure letters of
6 patent, copyrights, and trademarks on any work products and to
7 enforce its rights therein. The university and college shall
8 consider contributions by university or college personnel in
9 the development of trademarks, copyrights, and patents and
10 shall enter into written contracts with such personnel
11 establishing the interests of the university or college and
12 such personnel in each trademark, copyright, or patent.
13 (2) License, lease, assign, or otherwise give written
14 consent to any person, firm, or corporation for the
15 manufacture or use thereof, on a royalty basis or for such
16 other consideration as the university or college shall deem
17 proper.
18 (3) Take any action necessary, including legal action,
19 to protect the same against improper or unlawful use or
20 infringement.
21 (4) Enforce the collection of any sums due the
22 university or college for the manufacture or use thereof by
23 any other party.
24 (5) Sell any of the same and execute all instruments
25 necessary to consummate any such sale.
26 (6) Do all other acts necessary and proper for the
27 execution of powers and duties herein conferred upon the
28 university or college. The university or college board of
29 trustees may adopt rules to implement, including adopting
30 rules, as necessary, in order to administer this section. Any
31 proceeds therefrom shall be deposited and expended in
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1 accordance with s. 240.241. Any action taken by the university
2 or college in securing or exploiting such trademarks,
3 copyrights, or patents shall, within 30 days, be reported in
4 writing by the president to the Department of State.
5 Section 52. Section 240.231, Florida Statutes, is
6 repealed.
7 Section 53. Notwithstanding subsection (7) of section
8 3 of chapter 2000-321, Laws of Florida, section 240.233,
9 Florida Statutes, shall not stand repealed January 7, 2003, as
10 scheduled by that law, but that section is reenacted and
11 amended to read:
12 240.233 Universities and colleges; admissions of
13 students.--Each university and college board of trustees may
14 is authorized to adopt rules governing the admission of
15 students, subject to this section and rules of the State Board
16 of Education Board of Regents.
17 (1) Minimum academic standards for undergraduate
18 admission to a university or college must include the
19 requirements that:
20 (a) Each student have received a high school diploma
21 pursuant to s. 232.246, or its equivalent, except as provided
22 in s. 240.116(2) and (3).
23 (b) Each student have successfully completed a
24 college-preparatory curriculum of 19 credits, as defined in
25 rules of the State Board of Education Board of Regents,
26 including at least 2 credits of sequential foreign language at
27 the secondary level or the equivalent of such instruction at
28 the postsecondary level. A student whose native language is
29 not English is exempt from this admissions requirement,
30 provided that the student demonstrates proficiency in the
31 native language. If a standardized test is not available in
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1 the student's native language for the demonstration of
2 proficiency, the university or college may provide an
3 alternative method of assessment. The State Board of
4 Education shall adopt rules for the articulation of foreign
5 language competency and equivalency between secondary and
6 postsecondary institutions. A student who received an
7 associate in arts degree prior to September 1, 1989, or who
8 enrolled in a program of studies leading to an associate
9 degree from a Florida community college prior to August 1,
10 1989, and maintains continuous enrollment shall be exempt from
11 this admissions requirement.
12 (c) Each student have submitted a test score from the
13 Scholastic Assessment Test of the College Entrance Examination
14 Board or the American College Testing Program.
15 (2) The minimum admission standards adopted by the
16 State Board of Education, Board of Regents or a state
17 university, or a college must permit a student to earn at
18 least 4 of the 19 credits constituting the college-preparatory
19 curriculum required for admission as electives in any one of
20 the following manners:
21 (a) Successful completion of any course identified in
22 the Department of Education course code directory as level two
23 or higher in one or more of the following subject areas:
24 English, mathematics, natural science, social science, and
25 foreign language;
26 (b) Successful completion of any course identified in
27 the Department of Education course code directory as level
28 three in the same or related disciplines;
29 (c) Any combination of the courses identified in
30 paragraphs (a) and (b); or
31
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1 (d) Successful completion of two credits from the
2 courses identified in paragraph (a), plus no more than two
3 total credits from the following categories of courses:
4 1. Courses identified in the Department of Education
5 course code directory as ROTC and military training;
6 2. Courses identified in the Department of Education
7 course code directory as level two in art-visual arts, dance,
8 drama-theatre arts, language arts, or music; or
9 3. Any additional courses determined to be equivalent
10 by the Articulation Coordinating Committee.
11 (3) The State Board of Education Board of Regents
12 shall adopt rules that which provide for a limited number of
13 students to be admitted to the state universities and colleges
14 State University System, notwithstanding the admission
15 requirements of paragraph (1)(b) relating to credits in
16 foreign language, if there is evidence that the applicant is
17 expected to do successful academic work at the admitting
18 university or college. The number of applicants admitted under
19 this subsection may not exceed 5 percent of the total number
20 of freshmen who entered the state universities and colleges
21 State University System the prior year. Any lower-division
22 student admitted without meeting the foreign language
23 requirement must earn such credits prior to admission to the
24 upper division of a state university or college. Any associate
25 in arts degree graduate from a public community college,
26 college, or university in Florida, or other upper-division
27 transfer student, admitted without meeting the foreign
28 language requirement, must earn such credits prior to
29 graduation from a state university or college. Students shall
30 be exempt from the provisions of this subsection if they can
31 demonstrate proficiency in American sign language equivalent
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1 to that of students who have completed two credits of such
2 instruction in high school.
3 (4)(a) Nonresident students may be admitted to the
4 university or college upon such terms as the university or
5 college board of trustees may establish. However, such terms
6 shall include, but shall not be limited to: completion of a
7 secondary school curriculum which includes 4 years of English;
8 3 years each of mathematics, science, and social sciences; and
9 2 years of a foreign language.
10 (b) Within the admission standards provided for in
11 subsection (1), the State Board of Education Board of Regents
12 shall develop procedures for weighting courses which are
13 necessary to meet the requirements of a college-preparatory
14 curriculum at a higher value than less rigorous courses.
15 Credits received in such courses shall be given greater value
16 in determining admission by universities and colleges than
17 cumulative grade point averages in high school.
18 (5) Consideration shall be given to the past actions
19 of any person applying for admission as a student to any state
20 university or college, either as a new applicant, an applicant
21 for continuation of studies, or a transfer student, when such
22 actions have been found to disrupt or interfere with the
23 orderly conduct, processes, functions, or programs of any
24 other university, college, or community college.
25 (6) In any application for admission by a student as a
26 citizen of the state, the applicant, if 18 years of age, or,
27 if a minor, his or her parents or guardian shall make and file
28 with such application a written statement under oath that such
29 applicant is a citizen and resident of the state and entitled,
30 as such, to admission upon the terms and conditions prescribed
31 for citizens and residents of the state.
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1 (7) Rules of the State Board of Education shall
2 require the use of scores on tests of college-level
3 communication and computation skills provided in s. 229.551 as
4 a condition for admission of students to upper-division
5 instructional programs from community colleges, including
6 those who have been awarded associate in arts degrees. Use of
7 such test scores as an admission requirement shall extend
8 equally and uniformly to students enrolled in lower divisions
9 in the state universities and colleges State University System
10 and to transfer students from other colleges and universities.
11 The tests shall be required for community college students
12 seeking associate in arts degrees and students seeking
13 admission to upper-division instructional programs in the
14 state universities or colleges State University System. The
15 use of test scores prior to August 1, 1984, shall be limited
16 to student counseling and curriculum improvement.
17 (8) For the purposes of this section, American sign
18 language constitutes a foreign language. Florida high schools
19 may offer American sign language as a for-credit elective or
20 as a substitute for any already authorized foreign language
21 requirement.
22 (9) A Florida resident who is denied admission as an
23 undergraduate to a state university or college for failure to
24 meet the high school grade point average requirement may
25 appeal the decision to the university or college and request a
26 recalculation of the grade point average including in the
27 revised calculation the grades earned in up to three credits
28 of advanced fine arts courses. The university or college shall
29 provide the student with a description of the appeals process
30 at the same time as notification of the admissions decision.
31 The university or college shall recalculate the student's
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1 grade point average using the additional courses and advise
2 the student of any changes in the student's admission status.
3 For purposes of this section, fine arts courses include
4 courses in music, drama, painting, sculpture, speech, debate,
5 or a course in any art form that requires manual dexterity.
6 Advanced level fine arts courses include fine arts courses
7 identified in the course code directory as Advanced Placement,
8 pre-International Baccalaureate, or International
9 Baccalaureate, or fine arts courses taken in the third or
10 fourth year of a fine arts curriculum.
11 (10) Each university and college shall provide
12 registration opportunities for transfer students which allow
13 such students access to high-demand courses comparable to that
14 provided native students. In addition, each university and
15 college that provides an orientation program for freshman
16 enrollees shall also provide orientation programs for transfer
17 students. Each orientation program for freshman or transfer
18 students shall include education on the transmission and
19 prevention of human immunodeficiency virus with emphasis on
20 behavior and attitude change.
21 Section 54. Notwithstanding subsection (7) of section
22 3 of chapter 2000-321, Laws of Florida, section 240.2333,
23 Florida Statutes, shall not stand repealed January 7, 2003, as
24 scheduled by that law, but that section is reenacted and
25 amended to read:
26 240.2333 Foreign language competence; equivalence
27 determinations.--The Articulation Coordinating Committee shall
28 identify the competencies demonstrated by students upon the
29 successful completion of 2 credits of sequential high school
30 foreign language instruction. For the purpose of determining
31 postsecondary equivalence pursuant to s. 240.233(1)(b), the
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1 committee shall develop rules through which community colleges
2 shall correlate such competencies to the competencies required
3 of students in the colleges' respective courses. Based on
4 this correlation, each community college shall identify the
5 minimum number of postsecondary credits that students must
6 earn in order to demonstrate a level of competence in a
7 foreign language at least equivalent to that of students who
8 have completed 2 credits of such instruction in high school.
9 The committee may also specify alternative means by which
10 students can demonstrate equivalent foreign language
11 competence, including means by which a student whose native
12 language is not English may demonstrate proficiency in the
13 native language. A student who demonstrates proficiency in a
14 native language other than English is exempt from the
15 requirement of completing foreign language courses at the
16 secondary or postsecondary level.
17 Section 55. Notwithstanding subsection (7) of section
18 3 of chapter 2000-321, Laws of Florida, section 240.235,
19 Florida Statutes, shall not stand repealed January 7, 2003, as
20 scheduled by that law, but that section is reenacted and
21 amended to read:
22 240.235 Fees.--
23 (1) Each university and college board of trustees
24 shall set the matriculation and tuition fees within proviso in
25 the General Appropriations Act and law. Unless otherwise
26 provided in the General Appropriations Act, the fees shall go
27 into effect for the following term.
28 (2) Each university and college board of trustees
29 shall establish the following fees:
30 (a) Each university is authorized to establish
31 Separate activity and service, health, and athletic fees. When
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1 duly established, the fees shall be collected as component
2 parts of the registration and tuition fees and shall be
3 retained by the university or college and paid into the
4 separate activity and service, health, and athletic funds.
5 (a)1. Each university and college president shall
6 establish a student activity and service fee on the main
7 campus of the university or college. The university or college
8 president may also establish a student activity and service
9 fee on any branch campus or center. Any subsequent increase in
10 the activity and service fee must be recommended by an
11 activity and service fee committee, at least one-half of whom
12 are students appointed by the student body president. The
13 remainder of the committee shall be appointed by the
14 university or college president. A chairperson, appointed
15 jointly by the university or college president and the student
16 body president, shall vote only in the case of a tie. The
17 recommendations of the committee shall take effect only after
18 approval by the university or college president, after
19 consultation with the student body president, with final
20 approval by the State Board of Education Board of Regents. An
21 increase in the activity and service fee may occur only once
22 each fiscal year and must be implemented beginning with the
23 fall term. The Board of Regents is responsible for
24 promulgating the rules and timetables necessary to implement
25 this fee.
26 2. The student activity and service fees shall be
27 expended for lawful purposes to benefit the student body in
28 general. This includes shall include, but is shall not be
29 limited to, student publications and grants to duly recognized
30 student organizations, the membership of which is open to all
31 students at the university or college without regard to race,
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1 sex, or religion. The fund may not benefit activities for
2 which an admission fee is charged to students, except for
3 student-government-association-sponsored concerts. The
4 allocation and expenditure of the fund shall be determined by
5 the student government association of the university or
6 college, except that the president of the university or
7 college may veto any line item or portion thereof within the
8 budget when submitted by the student government association
9 legislative body. The university or college president shall
10 have 15 school days following from the date of presentation of
11 the budget to act on the allocation and expenditure
12 recommendations, which shall be deemed approved if no action
13 is taken within the 15 school days. If any line item or
14 portion thereof within the budget is vetoed, the student
15 government association legislative body shall, within 15
16 school days, make new budget recommendations for expenditure
17 of the vetoed portion of the fund. If the university or
18 college president vetoes any line item or portion thereof
19 within the new budget revisions, the university or college
20 president may reallocate by line item that vetoed portion to
21 bond obligations guaranteed by activity and service fees.
22 Unexpended funds and undisbursed funds remaining at the end of
23 a fiscal year shall be carried over and remain in the student
24 activity and service fund and be available for allocation and
25 expenditure during the next fiscal year.
26 3.(b) Each university and college president shall
27 establish a student health fee on the main campus of the
28 university or college. Each The university and college
29 president may also establish a student health fee on any
30 branch campus or center. Any subsequent increase in the health
31 fee must be recommended by a health committee, at least
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1 one-half of whom are students appointed by the student body
2 president. The remainder of the committee shall be appointed
3 by the university or college president. A chairperson,
4 appointed jointly by the university or college president and
5 the student body president, shall vote only in the case of a
6 tie. The recommendations of the committee shall take effect
7 only after approval by the university or college president,
8 after consultation with the student body president, with final
9 approval by the State Board of Education Board of Regents. An
10 increase in the health fee may occur only once each fiscal
11 year and must be implemented beginning with the fall term. The
12 Board of Regents is responsible for promulgating the rules and
13 timetables necessary to implement this fee.
14 4.(c) Each university and college president shall
15 establish a separate athletic fee on the main campus of the
16 university or college. Each The university and college
17 president may also establish a separate athletic fee on any
18 branch campus or center. The initial aggregate athletic fee at
19 each university shall be equal to, but may be no greater than,
20 the 1982-1983 per-credit-hour activity and service fee
21 contributed to intercollegiate athletics, including women's
22 athletics, as provided by s. 240.533. Concurrently with the
23 establishment of the athletic fee, the activity and service
24 fee shall experience a one-time reduction equal to the initial
25 aggregate athletic fee. Any subsequent increase in the
26 athletic fee must be recommended by an athletic fee committee,
27 at least one-half of whom are students appointed by the
28 student body president. The remainder of the committee shall
29 be appointed by the university or college president. A
30 chairperson, appointed jointly by the university or college
31 president and the student body president, shall vote only in
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1 the case of a tie. The recommendations of the committee shall
2 take effect only after approval by the university or college
3 president, after consultation with the student body president,
4 with final approval by the State Board of Education Board of
5 Regents. An increase in the athletic fee may occur only once
6 each fiscal year and must be implemented beginning with the
7 fall term. The Board of Regents is responsible for
8 promulgating the rules and and timetables necessary to
9 implement this fee.
10 5. The sum of the activity and service, health, and
11 athletic fees a student is required to pay to register for a
12 course may not exceed 40 percent of the matriculation fee
13 established in law or in the General Appropriations Act. A
14 university or college is not required to lower any fee on the
15 effective date of this act in order to comply with this
16 paragraph. Within the 40-percent cap, a university or college
17 may not increase the aggregate sum of activity and service,
18 health, and athletic fees more than 5 percent per year unless
19 specifically authorized by law or in the General
20 Appropriations Act.
21 (b) A nonrefundable application fee in an amount not
22 to exceed $30.
23 (c) An orientation fee in an amount not to exceed $35.
24 (d) A fee for security, access, or identification
25 cards. The annual fee for such a card may not exceed $10 per
26 card.
27 (e) Materials and supplies fees to offset the cost of
28 materials or supplies that are consumed in the course of the
29 student's instructional activities, excluding the cost of
30 equipment replacement, repairs, and maintenance.
31
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1 (f) The Capital Improvement Trust Fund fee of $2.44
2 per credit hour per semester. The building fee is established
3 as $2.32 per credit hour per semester.
4 (g) A fee for financial aid purposes in an amount not
5 to exceed 5 percent of the student tuition and matriculation
6 fee per credit hour. The revenues from fees are to remain at
7 each campus and replace existing financial aid fees. Such
8 funds shall be disbursed to students as quickly as possible.
9 The State Board of Education shall specify specific limits on
10 the percent of the fees collected in a fiscal year which may
11 be carried forward unexpended to the following fiscal year. A
12 minimum of 50 percent of funds from the student financial aid
13 fee shall be used to provide financial aid based on absolute
14 need. A student who has received an award prior to July 1,
15 1984, shall have his or her eligibility assessed on the same
16 criteria that were used at the time of his or her original
17 award.
18 (3) Each university or college board of trustees may
19 establish the following fees to be paid by students who
20 receive the benefits or whose actions or omissions trigger the
21 fees:
22 (a) An admissions-deposit fee for the University of
23 Florida College of Dentistry in an amount not to exceed $200.
24 (b) Registration fees for audit, zero-hours
25 registration, and late registration in an amount not less than
26 $50 or more than $100 to be imposed on students who fail to
27 initiate registration during the regular registration period.
28 (c) Services charge, which may not exceed $15, for the
29 payment of matriculation, tuition, or fees in installments,
30 subject to the approval of the State Board of Education. The
31 revenues from such service charges shall be deposited into a
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1 student fee trust fund the Legislature has established and
2 assigned to the university or college for that purpose.
3 (d) A late-payment fee in an amount not less than $50
4 or more than $100 to be imposed on students who fail to pay or
5 fail to make appropriate arrangements to pay, by means of
6 installment payment, deferment, or third-party billing,
7 matriculation or tuition by the deadline set by each
8 university or college. Each university and college may waive
9 the late-payment fee for minor underpayments.
10 (e) A fee for miscellaneous health-related charges for
11 services provided at cost by the university or college health
12 center which are not covered by the health fee.
13 (f) Housing rental rates and miscellaneous housing
14 charges for services provided by the university or college at
15 the request of the student.
16 (g) A charge representing the reasonable cost of
17 efforts to collect payment of overdue accounts.
18 (h) A service charge on university or college loans in
19 lieu of interest and administrative handling charges.
20 (i) A fee for off-campus course offerings when the
21 location results in specific, identifiable increased costs to
22 the university or college.
23 (j) Library fees and fines, including charges for
24 damaged and lost library materials, overdue reserve library
25 books, interlibrary loans, and literature searches.
26 (k) Fees relating to duplicating, photocopying,
27 binding, and microfilming; copyright services; and
28 standardized testing. These fees may be charged only to those
29 who receive the services.
30 (l) Fees and fines relating to the use, late return,
31 and loss and damage of facilities and equipment.
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1 (m) A returned-check fee as authorized by s. 832.07(1)
2 for unpaid checks returned to the university or college.
3 (n) Traffic and parking fines, charges for parking
4 decals, and transportation-access fees.
5 (o) A fee for child care and services offered by the
6 Educational Research Center for Child Development.
7 (p) Fees for transcripts and diploma replacement, not
8 to exceed $10 per item.
9 (q) A fee for replacement of security, access, or
10 identification cards. The maximum amount charged for a
11 replacement card may not exceed $15.
12 (2) The university may permit the deferral of
13 registration and tuition fees for those students receiving
14 financial aid from federal or state assistance programs when
15 such aid is delayed in being transmitted to the student
16 through circumstances beyond the control of the student.
17 Failure to make timely application for such aid shall be
18 insufficient reason to receive such deferral. Veterans and
19 other eligible students receiving benefits under chapter 30,
20 chapter 31, chapter 32, chapter 34, or chapter 35, 38 U.S.C.,
21 or chapter 106, 10 U.S.C., shall be entitled to one deferment
22 each academic year and an additional deferment each time there
23 is a delay in the receipt of their benefits.
24 (4) When the General Appropriations Act requires a new
25 fee schedule, the university and college boards of trustees
26 shall establish a systemwide standard fee schedule required to
27 produce the total fee revenue established in the General
28 Appropriations Act based on the product of the assigned
29 enrollment and the fee schedule. Each university or college
30 board of trustees may approve the expenditure of any fee
31
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1 revenues resulting from the product of the fee schedule
2 adopted pursuant to this section and the assigned enrollment.
3 (3) The Board of Regents shall establish rules to
4 waive any or all application, course registration, and related
5 fees for persons 60 years of age or older who are residents of
6 this state and who attend classes for credit. No academic
7 credit shall be awarded for attendance in classes for which
8 fees are waived under this subsection. This privilege may be
9 granted only on a space-available basis, if such classes are
10 not filled as of the close of registration. A university may
11 limit or deny the privilege for courses which are in programs
12 for which the Board of Regents has established selective
13 admissions criteria. Persons paying full fees and state
14 employees taking courses on a space-available basis shall have
15 priority over those persons whose fees are waived in all cases
16 where classroom spaces are limited.
17 (4) Students enrolled in a dual enrollment or early
18 admission program pursuant to s. 240.116 shall be exempt from
19 the payment of registration, matriculation, and laboratory
20 fees. Students enrolled in accordance with this subsection may
21 be calculated as the proportional shares of full-time
22 equivalent enrollments each such student generates for state
23 funding purposes.
24 (5)(a) Any student for whom the state is paying a
25 foster care board payment pursuant to s. 409.145(3) or parts
26 II and III of chapter 39, for whom the permanency planning
27 goal pursuant to part III of chapter 39 is long-term foster
28 care or independent living, or who is adopted from the
29 Department of Children and Family Services after May 5, 1997,
30 shall be exempt from the payment of all undergraduate fees,
31 including fees associated with enrollment in
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1 college-preparatory instruction or completion of college-level
2 communication and computation skills testing programs. Before
3 a fee exemption can be given, the student shall have applied
4 for and been denied financial aid, pursuant to s. 240.404,
5 which would have provided, at a minimum, payment of all
6 undergraduate fees. Such exemption shall be available to any
7 student adopted from the Department of Children and Family
8 Services after May 5, 1997; however, the exemption shall be
9 valid for no more than 4 years after the date of graduation
10 from high school.
11 (b) Any student qualifying for a fee exemption under
12 this subsection shall receive such an exemption for not more
13 than 4 consecutive years or 8 semesters unless the student is
14 participating in college-preparatory instruction or is
15 requiring additional time to complete the college-level
16 communication and computation skills testing programs. Such a
17 student shall be eligible to receive a fee exemption for a
18 maximum of 5 consecutive years or 10 semesters.
19 (c) As a condition for continued fee exemption, a
20 student shall have earned a grade point average of at least
21 2.0 on a 4.0 scale for the previous term, maintain at least an
22 overall 2.0 average for college work, or have an average below
23 2.0 for only the previous term and be eligible for continued
24 enrollment in the institution.
25 (6) Any proprietor, owner, or worker of a company
26 whose business has been at least 50-percent negatively
27 financially impacted by the buyout of property around Lake
28 Apopka by the State of Florida is exempt from the payment of
29 registration, matriculation, and laboratory fees. A student
30 receiving a fee exemption in accordance with this subsection
31 must not have received compensation because of the buyout,
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1 must be designated a Florida resident for tuition purposes
2 pursuant to s. 240.1201, and must first have applied for and
3 been denied financial aid, pursuant to s. 240.404, which would
4 have provided, at a minimum, payment of all student fees. The
5 student is responsible for providing evidence to the
6 postsecondary education institution verifying that the
7 conditions of this subsection have been met, including support
8 documentation provided by the Department of Revenue. The
9 student must be currently enrolled in, or begin coursework
10 within, a program area by fall semester 2000. The exemption is
11 valid for a period of 4 years from the date that the
12 postsecondary education institution confirms that the
13 conditions of this subsection have been met.
14 (7) Each university may assess a service charge for
15 the payment of tuition and fees in installments. Such service
16 charge must be approved by the Board of Regents. The revenues
17 from such service charges shall be deposited into a student
18 fee trust fund the Legislature has established and assigned to
19 the university for that purpose.
20 (8) Any graduate student enrolled in a state-approved
21 school psychology training program shall be entitled to a
22 waiver of registration fees for internship credit hours
23 applicable to an internship in the public school system under
24 the supervision of a Department of Education certified school
25 psychologist employed by the school system.
26 (9) The Board of Regents shall exempt one-half of all
27 tuition and course-related fees for certain members of the
28 active Florida National Guard pursuant to the provisions of s.
29 250.10(8).
30 (10) The Board of Regents may establish rules to allow
31 for the waiver of out-of-state fees for nondegree-seeking
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1 students enrolled at State University System institutions if
2 the earned student credit hours generated by such students are
3 nonfundable and the direct cost for the program of study is
4 recovered from the fees charged to all students.
5 (5)(11) Students who are enrolled in Programs in
6 Medical Sciences are considered graduate students for the
7 purpose of enrollment and student fees.
8 (6) Subject to the approval of the State Board of
9 Education, a university or college board of trustees may
10 implement an individual university or college plan for a
11 differential out-of-state tuition fee for a university or
12 college that has a service area that borders another state.
13 (7) The assessment of additional fees is subject to
14 the approval of the State Board of Education.
15 Section 56. Notwithstanding subsection (7) of section
16 3 of chapter 2000-321, Laws of Florida, section 240.237,
17 Florida Statutes, shall not stand repealed January 7, 2003, as
18 scheduled by that law, but that section is reenacted and
19 amended to read:
20 240.237 Student records.--Each The university and
21 college board of trustees may prescribe the content and
22 custody of records and reports which the university or college
23 may maintain on its students. Such records are confidential
24 and exempt from the provisions of s. 119.07(1) and are open to
25 inspection only as provided in s. 228.093.
26 Section 57. Notwithstanding subsection (7) of section
27 3 of chapter 2000-321, Laws of Florida, section 240.239,
28 Florida Statutes, shall not stand repealed January 7, 2003, as
29 scheduled by that law, but that section is reenacted and
30 amended to read:
31 240.239 Associate in arts degrees; issuance.--
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1 (1) The purpose of this section is to require state
2 universities and colleges to present associate in arts
3 certificates upon request to qualified students.
4 (2) Students at state universities and colleges may
5 request associate in arts certificates if they have
6 successfully completed the minimum requirements for the degree
7 of associate in arts (A.A.).
8 (3) An associate in arts degree shall not be granted
9 unless a student has successfully completed minimum
10 requirements for college-level communication and computation
11 skills adopted by the State Board of Education and 60 academic
12 semester hours or the equivalent within a degree program area,
13 with 36 semester hours in general education courses in the
14 subject areas of communication, mathematics, social sciences,
15 humanities, and natural sciences, consistent with the general
16 education requirements specified in the articulation agreement
17 pursuant to s. 240.115.
18 Section 58. Notwithstanding subsection (7) of section
19 3 of chapter 2000-321, Laws of Florida, section 240.241,
20 Florida Statutes, shall not stand repealed January 7, 2003, as
21 scheduled by that law, but that section is reenacted and
22 amended to read:
23 240.241 Divisions of sponsored research at state
24 universities.--
25 (1) Each university board of trustees, with the
26 approval of the Department of Education, is authorized to
27 create, as it deems advisable, divisions of sponsored research
28 which will serve the function of administration and promotion
29 of the programs of research, including sponsored training
30 programs, of the university at which they are located.
31
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1 (2) Each The university board of trustees shall set
2 such policies to regulate the activities of the divisions of
3 sponsored research as it may consider necessary to effectuate
4 the purposes of this act and to administer the research
5 programs in a manner which assures efficiency and
6 effectiveness, producing the maximum benefit for the
7 educational programs and maximum service to the state. To
8 this end, materials that relate to methods of manufacture or
9 production, potential trade secrets, potentially patentable
10 material, actual trade secrets, business transactions, or
11 proprietary information received, generated, ascertained, or
12 discovered during the course of research conducted within the
13 state universities shall be confidential and exempt from the
14 provisions of s. 119.07(1), except that a division of
15 sponsored research shall make available upon request the title
16 and description of a research project, the name of the
17 researcher, and the amount and source of funding provided for
18 such project.
19 (3) A division of sponsored research created under the
20 provisions of this act shall be under the supervision of the
21 president of that university, who is authorized to appoint a
22 director; to employ full-time and part-time staff, research
23 personnel, and professional services; to employ on a part-time
24 basis personnel of the university; and to employ temporary
25 employees whose salaries are paid entirely from the permanent
26 sponsored research development fund or from that fund in
27 combination with other nonstate sources, with such positions
28 being exempt from the requirements of the Florida Statutes
29 relating to salaries, except that no such appointment shall be
30 made for a total period of longer than 1 year.
31
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1 (4) The president of the university where a division
2 of sponsored research is created, or his or her designee, is
3 authorized to negotiate, enter into, and execute research
4 contracts; to solicit and accept research grants and
5 donations; and to fix and collect fees, other payments, and
6 donations that may accrue by reason thereof. The president or
7 his or her designee may negotiate, enter into, and execute
8 contracts on a cost-reimbursement basis and may provide
9 temporary financing of such costs prior to reimbursement from
10 moneys on deposit in the sponsored research development fund,
11 except as may be prohibited elsewhere by law.
12 (5) A division of sponsored research shall be financed
13 from the moneys of a university which are on deposit or
14 received for use in the research or related programs of that
15 particular university. Such moneys shall be deposited by the
16 university in a permanent sponsored research development fund
17 in a depository or depositories approved for the deposit of
18 state funds and shall be accounted for and disbursed subject
19 to regular audit by the Auditor General.
20 (6) The fund balance on hand in any existing research
21 trust fund in the respective university, at the time a
22 division of sponsored research is created, shall be
23 transferred to a permanent sponsored research development fund
24 established for the university, and thereafter the fund
25 balance of the sponsored research development fund at the end
26 of any fiscal period may be used during any succeeding period
27 for the purposes and in the manner authorized by this act.
28 (7) Moneys deposited in the permanent sponsored
29 research development fund of a university shall be disbursed
30 in accordance with the terms of the contract, grant, or
31 donation under which they are received. Moneys received for
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1 overhead or indirect costs and other moneys not required for
2 the payment of direct costs shall be applied to the cost of
3 operating the division of sponsored research. Any surplus
4 moneys shall be used to support other research or sponsored
5 training programs in any area of the university. Moneys
6 allocated for the payment of salaries from the sponsored
7 research development fund shall be paid out by the Comptroller
8 of the state in the same manner as salaries from other state
9 funds. Transportation and per diem expense allowances shall be
10 the same as those provided by law for state employees in s.
11 112.061, except that non-State of Florida personnel performing
12 travel under a sponsored research subcontract may be
13 reimbursed for travel expenses in accordance with the
14 provisions of the applicable prime contract or grant and the
15 travel allowances established by the subcontractor, subject to
16 the requirements of subsection (9), or except as provided in
17 subsection (13).
18 (8)(a) Each university board of trustees shall submit
19 to the State Board of Education Board of Regents a report of
20 the activities of each division of sponsored research together
21 with an estimated budget for the next fiscal year.
22 (b) Not less than 90 days prior to the convening of
23 each regular session of the Legislature in which an
24 appropriation shall be made, the State Board of Education
25 Board of Regents shall submit to the chair of the
26 appropriations committee of each house of the Legislature a
27 compiled report, together with a compiled estimated budget for
28 the next fiscal year. A copy of such report and estimated
29 budget shall be furnished to the State Board of Education and
30 to the Governor, as the chief budget officer of the state.
31
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1 (9) All purchases of a division of sponsored research
2 shall be made in accordance with the policies and procedures
3 of the university; however, in compliance with policies and
4 procedures established by the university and concurred in by
5 the Department of Education, whenever a director of sponsored
6 research certifies to the president that, in a particular
7 instance, it is necessary for the efficient or expeditious
8 prosecution of a research project, the purchase of material,
9 supplies, equipment, or services for research purposes shall
10 be exempt from the general purchasing requirement of the
11 Florida Statutes.
12 (10) The university may authorize the construction,
13 alteration, or remodeling of buildings when the funds used are
14 derived entirely from the sponsored research development fund
15 of a university or from that fund in combination with other
16 nonstate sources, provided that such construction, alteration,
17 or remodeling is for use exclusively in the area of research;
18 it also may authorize the acquisition of real property when
19 the cost is entirely from said funds. Title to all real
20 property acquired pursuant to this subsection which are not
21 state lands shall vest in the university board of trustees
22 Board of Trustees of the Internal Improvement Trust Fund and
23 shall only be transferred or conveyed by it.
24 (11) The sponsored research programs of the Institute
25 of Food and Agricultural Sciences, the University of Florida
26 Health Science Center, and the engineering and industrial
27 experiment station shall continue to be centered at the
28 University of Florida as heretofore provided by law. Indirect
29 cost reimbursements of all grants deposited in the Division of
30 Sponsored Research shall be distributed directly to the above
31 units in direct proportion to the amounts earned by each unit.
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1 (12) The operation of the divisions of sponsored
2 research and the conduct of the sponsored research program are
3 expressly exempted from the provisions of any other laws or
4 portions of laws in conflict herewith and are, subject to the
5 requirements of subsection (9), exempted from the provisions
6 of chapters 215, 216, and 283.
7 (13) The divisions of sponsored research may pay, by
8 advancement or reimbursement, or a combination thereof, the
9 costs of per diem of officers, and employees, of the state and
10 of other authorized persons, as defined in s. 112.061(2)(e),
11 for foreign travel up to the current rates as stated in the
12 grant and contract terms and may also pay incidental expenses
13 as authorized by s. 112.061(8). This subsection applies to any
14 state officer or employee traveling in foreign countries for
15 sponsored programs of the university, if such travel expenses
16 are approved in the terms of the contract or grant. The
17 provisions of s. 112.061, other than those relating to per
18 diem, apply to the travel described in this subsection. As
19 used in this subsection, "foreign travel" means any travel
20 outside the United States and its territories and possessions
21 and Canada. Persons traveling in foreign countries pursuant
22 to this section shall not be entitled to reimbursements or
23 advancements pursuant to s. 112.061(6)(a)2. for such travel.
24 (14) Each division of sponsored research is authorized
25 to advance funds to any principal investigator who, under the
26 contract or grant terms, will be performing a portion of his
27 or her research at a site that is remote from the university.
28 Funds shall be advanced only to employees who have executed a
29 proper power of attorney with the university to ensure the
30 proper collection of such advanced funds if it becomes
31 necessary. As used in this subsection, the term "remote"
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1 means so far removed from the university as to render normal
2 purchasing and payroll functions ineffective.
3 (15) Notwithstanding the provisions of s.
4 216.262(1)(a), each division of sponsored research is
5 authorized, upon approval of the State Board of Education
6 Board of Regents, to establish additional positions as needed
7 to implement new contracts and grants, but in no instance
8 shall any such position become permanently established without
9 legislative approval.
10 (16) Notwithstanding the provisions of s. 216.351, s.
11 216.346 does not apply to contracts or subcontracts among
12 between state universities, colleges, or between community
13 colleges, or between state universities and community
14 colleges.
15 (17) Each university board of trustees may president
16 is authorized to adopt rules, as necessary, to administer this
17 section.
18 Section 59. Notwithstanding subsection (7) of section
19 3 of chapter 2000-321, Laws of Florida, section 240.242,
20 Florida Statutes, shall not stand repealed January 7, 2003, as
21 scheduled by that law, but that section is reenacted and
22 amended to read:
23 240.242 University leasing in affiliated research and
24 development park.--A university is exempt from the
25 requirements of s. 255.25(3), (4), and (8) when leasing
26 educational facilities in a research and development park with
27 which the university is affiliated and when the State Board of
28 Education Board of Regents certifies in writing that the
29 leasing of said educational facilities is in the best
30 interests of the university State University System and that
31
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1 the exemption from competitive bid requirements would not be
2 detrimental to the state.
3 Section 60. Notwithstanding subsection (7) of section
4 3 of chapter 2000-321, Laws of Florida, section 240.243,
5 Florida Statutes, shall not stand repealed January 7, 2003, as
6 scheduled by that law, but that section is reenacted and
7 amended to read:
8 240.243 Required number of classroom teaching hours
9 for university and college faculty members.--
10 (1) As used in this section:
11 (a) "State funds" means those funds appropriated
12 annually in the General Appropriations Act.
13 (b) "Classroom contact hour" means a regularly
14 scheduled 1-hour period of classroom activity in a course of
15 instruction which has been approved by the university or
16 college.
17 (2) Each full-time equivalent teaching faculty member
18 at a university or college who is paid wholly from state funds
19 shall teach a minimum of 12 classroom contact hours per week
20 at such university or college. However, any faculty member who
21 is assigned by his or her departmental chair or other
22 appropriate university or college administrator professional
23 responsibilities and duties in furtherance of the mission of
24 the university or college shall teach a minimum number of
25 classroom contact hours in proportion to 12 classroom hours
26 per week as such especially assigned aforementioned duties and
27 responsibilities bear to 12 classroom contact hours per week.
28 Any full-time faculty member who is paid partly from state
29 funds and partly from other funds or appropriations shall
30 teach a minimum number of classroom contact hours in such
31 proportion to 12 classroom contact hours per week as his or
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1 her salary paid from state funds bears to his or her total
2 salary. In determining the appropriate hourly weighting of
3 assigned duties other than classroom contact hours, the
4 universities and colleges shall develop and apply a formula
5 designed to equate the time required for nonclassroom duties
6 with classroom contact hours. "Full-time equivalent teaching
7 faculty member" shall be interpreted to mean all faculty
8 personnel budgeted in the instruction and research portion of
9 the budget, exclusive of those full-time equivalent positions
10 assigned to research, public service, administrative duties,
11 and academic advising. Full-time administrators, librarians,
12 and counselors shall be exempt from the provisions of this
13 section; and colleges of medicine and law and others which are
14 required for purposes of accreditation to meet national
15 standards prescribed by the American Medical Association, the
16 American Bar Association, or other professional associations
17 shall be exempt from the provisions of this section to the
18 extent that the requirements of this section differ from the
19 requirements of accreditation.
20 Section 61. Notwithstanding subsection (7) of section
21 3 of chapter 2000-321, Laws of Florida, section 240.245,
22 Florida Statutes, shall not stand repealed January 7, 2003, as
23 scheduled by that law, but that section is reenacted and
24 amended to read:
25 240.245 Evaluations of faculty members; report.--
26 (1) For the purpose of evaluating faculty members,
27 each university and college shall adopt procedures for the
28 assignment of duties and responsibilities to faculty members.
29 These assigned duties or responsibilities shall be conveyed to
30 each faculty member at the beginning of each academic term, in
31 writing, by his or her departmental chair or other appropriate
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1 university or college administrator making the assignment. In
2 evaluating the competencies of a faculty member, primary
3 assessment shall be in terms of his or her performance of the
4 assigned duties and responsibilities, and such evaluation
5 shall be given adequate consideration for the purpose of
6 salary adjustments, promotions, reemployment, and tenure. A
7 faculty member who is assigned full-time teaching duties as
8 provided by law shall be rewarded with salary adjustments,
9 promotions, reemployment, or tenure for meritorious teaching
10 and other scholarly activities related thereto.
11 (2) The State Board of Education Board of Regents
12 shall establish criteria for evaluating the quantity and
13 quality of service to public schools by university and college
14 faculty members and shall require consideration of this
15 service in promotion, tenure, and other reward measures. Each
16 university and college shall ensure that the following
17 policies are implemented:
18 (a) Flexible criteria for rewarding faculty members,
19 consistent with the educational goals and objectives of the
20 university or college, shall be established, which criteria
21 shall include quality teaching and service to public schools
22 as major factors in determining salary adjustments,
23 promotions, reemployment, or tenure.
24 (b) Measures shall be taken to increase the
25 recognition, reinforcements, and rewards given quality
26 teaching and service to public schools. Such measures might
27 include grants for professional development, curriculum
28 improvement, and instructional innovation, as well as awards
29 of varying kinds for meritorious teaching.
30 (c) The means of identifying and evaluating quality
31 teachers and outstanding service to public schools shall be
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1 determined in accordance with established guidelines of the
2 university or college.
3 (3) Each university and college The vice presidents
4 for academic affairs for the nine state universities shall
5 disseminate information to all faculty members which clearly
6 states that service to public schools is one of the criteria
7 used to determine salary adjustments, promotions,
8 reemployment, and tenure for faculty members.
9 Section 62. Notwithstanding subsection (7) of section
10 3 of chapter 2000-321, Laws of Florida, section 240.246,
11 Florida Statutes, shall not stand repealed January 7, 2003, as
12 scheduled by that law, but that section is reenacted and
13 amended to read:
14 240.246 Faculty members; test of spoken English.--The
15 State Board of Education Board of Regents shall adopt rules
16 requiring that all faculty members in the state universities
17 and colleges State University System, other than those persons
18 who teach courses that are conducted primarily in a foreign
19 language, be proficient in the oral use of English, as
20 determined by a satisfactory grade on the "Test of Spoken
21 English" of the Educational Testing Service or a similar test
22 approved by the State Board of Education board.
23 Section 63. Notwithstanding subsection (7) of section
24 3 of chapter 2000-321, Laws of Florida, section 240.2475,
25 Florida Statutes, shall not stand repealed January 7, 2003, as
26 scheduled by that law, but that section is reenacted and
27 amended to read:
28 240.2475 State university and college System
29 employment equity accountability program.--
30 (1) Each state university and college shall maintain
31 an annual equity plan for appropriate representation of women
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1 and minorities in senior-level administrative positions,
2 within tenure-track faculty, and within faculty-granted
3 tenure. Such plan shall be maintained until appropriate
4 representation has been achieved. As used in this subsection,
5 the term:
6 (a) "Appropriate representation" means category
7 employment representation that at least meets comparable
8 national standards for at least two consecutive reporting
9 periods.
10 (b) "Category" means major executive, administrative,
11 and professional grouping, including senior-level
12 administrative and professional positions, senior academic
13 administrative-level positions, and tenure-track faculty.
14 (2)(a) By April 1 of each year, each state university
15 and college president shall submit an annual equity report to
16 the State Board of Education Chancellor and the Board of
17 Regents. The equity report shall consist of a status update,
18 an analysis, and a status report of selected personnel
19 transactions. As used in this paragraph, the term, "selected
20 personnel transactions" means new hires in, promotions into,
21 tenure actions in, and terminations from a category. Each
22 university and college shall provide the job classification
23 title, gender, race, and appointment status of selected
24 personnel transactions. The status update shall assess
25 underrepresentation in each category. The status report shall
26 consist of current category employment representation,
27 comparable national standards, an evaluation of
28 representation, and annual goals to address
29 underrepresentation.
30 (b) After 1 year of implementation of a plan, and
31 annually thereafter, for those categories in which prior year
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1 goals were not achieved, each university and college shall
2 provide, in its annual equity report, a narrative explanation
3 and a plan for achievement of equity. The plan shall include
4 guidelines for ensuring balanced membership on selection
5 committees and specific steps for developing a diverse pool of
6 candidates for each vacancy in the category. The plan shall
7 also include a systematic process by which those responsible
8 for hiring are provided information and are evaluated
9 regarding their responsibilities pursuant to this section.
10 (c) The equity report shall include an analysis and
11 assessment of the university's accomplishment of annual goals
12 achieved, as specified in the university's or college's
13 affirmative action plan, for increasing the representation of
14 women and minorities in tenure-earning and senior-level
15 administrative positions.
16 (d) The equity report shall also include the current
17 rank, race, and gender of faculty eligible for tenure in a
18 category. In addition, each university and college shall
19 report representation of the pool of tenure-eligible faculty
20 at each stage of the transaction process and provide
21 certification that each eligible faculty member was apprised
22 annually of progress toward tenure. Each university and
23 college shall also report on the dissemination of standards
24 for achieving tenure; racial and gender composition of
25 committees reviewing recommendations at each transaction
26 level; and dissemination of guidelines for equitable
27 distribution of assignments.
28 (3)(a) A factor in the evaluation of university and
29 college presidents, vice presidents, deans, and chairpersons
30 shall be their annual progress in achieving the annual and
31 long-range hiring and promotional goals and objectives, as
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1 specified in the university's equity plan and affirmative
2 action plan. Annual budget allocations for positions and
3 funding shall be based on this evaluation. A summary of such
4 evaluations shall be submitted to the State Board of Education
5 Chancellor and the Board of Regents as part of the
6 university's annual equity report.
7 (b) Each university and college board of trustees The
8 Chancellor and the Board of Regents shall annually evaluate
9 the performance of the president of the university or college
10 presidents in achieving the annual equity goals and
11 objectives. A summary of the results of such evaluations
12 shall be included as part of the annual equity progress report
13 submitted by the State Board of Education Board of Regents to
14 the Legislature and the State Board of Education.
15 (4) The State Board of Education Board of Regents
16 shall submit an annual equity progress report to the President
17 of the Senate and, the Speaker of the House of
18 Representatives, and the State Board of Education on or before
19 August 1 of each year.
20 (5) Each university and college shall develop a
21 budgetary incentive plan to support and ensure attainment of
22 the goals developed pursuant to this section. The plan shall
23 specify, at a minimum, how resources shall be allocated to
24 support the achievement of goals and the implementation of
25 strategies in a timely manner. After prior review and
26 approval by the university president and the Board of Regents,
27 The plan shall be submitted as part of the annual equity
28 report submitted by each university and college to the State
29 Board of Education Board of Regents.
30
31
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1 (6) Relevant components of each university's and
2 college's affirmative action plan may be used to satisfy the
3 requirements of this section.
4 (7) Subject to available funding, the Legislature
5 shall provide an annual appropriation to the Board of Regents
6 to be allocated to the universities to further enhance equity
7 initiatives and related priorities that support the mission of
8 departments, divisions, or colleges in recognition of the
9 attainment of equity goals and objectives.
10 Section 64. Notwithstanding subsection (7) of section
11 3 of chapter 2000-321, Laws of Florida, section 240.253,
12 Florida Statutes, shall not stand repealed January 7, 2003, as
13 scheduled by that law, but that section is reenacted and
14 amended to read:
15 240.253 Personnel records.--
16 (1) Each university and college board of trustees
17 shall adopt rules prescribing the content and custody of
18 limited-access records that the university or college may
19 maintain on its employees. Such limited-access records are
20 confidential and exempt from the provisions of s. 119.07(1).
21 Such records are limited to the following:
22 (a) Records containing information reflecting academic
23 evaluations of employee performance shall be open to
24 inspection only by the employee and by officials of the
25 university or college responsible for supervision of the
26 employee.
27 (b) Records maintained for the purposes of any
28 investigation of employee misconduct, including but not
29 limited to a complaint against an employee and all information
30 obtained pursuant to the investigation of such complaint,
31 shall be confidential until the investigation ceases to be
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1 active or until the university or college provides written
2 notice to the employee who is the subject of the complaint
3 that the university or college has either:
4 1. Concluded the investigation with a finding not to
5 proceed with disciplinary action;
6 2. Concluded the investigation with a finding to
7 proceed with disciplinary action; or
8 3. Issued a letter of discipline.
9
10 For the purpose of this paragraph, an investigation shall be
11 considered active as long as it is continuing with a
12 reasonable, good faith anticipation that a finding will be
13 made in the foreseeable future. An investigation shall be
14 presumed to be inactive if no finding is made within 90 days
15 after the complaint is filed.
16 (c) Records maintained for the purposes of any
17 disciplinary proceeding brought against an employee shall be
18 confidential until a final decision is made in the
19 proceeding. The record of any disciplinary proceeding,
20 including any evidence presented, shall be open to inspection
21 by the employee at all times.
22 (d) Records maintained for the purposes of any
23 grievance proceeding brought by an employee for enforcement of
24 a collective bargaining agreement or contract shall be
25 confidential and shall be open to inspection only by the
26 employee and by officials of the university or college
27 conducting the grievance proceeding until a final decision is
28 made in the proceeding.
29 (2) Notwithstanding the foregoing, any records or
30 portions thereof which are otherwise confidential by law shall
31 continue to be exempt from the provisions of s. 119.07(1). In
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1 addition, for sexual harassment investigations, portions of
2 such records which identify the complainant, a witness, or
3 information which could reasonably lead to the identification
4 of the complainant or a witness are limited-access records.
5 (3) Except as required for use by the president in the
6 discharge of his or her official responsibilities, the
7 custodian of limited-access records may release information
8 from such records only upon authorization in writing from the
9 employee or upon order of a court of competent jurisdiction.
10 (4) Notwithstanding the provisions of subsection (1),
11 records comprising the common core items contained in the
12 State University System Student Assessment of Instruction
13 instrument may not be prescribed as limited-access records.
14 (5) This section applies act shall apply to records
15 created after July 1, 1995.
16 Section 65. Notwithstanding subsection (7) of section
17 3 of chapter 2000-321, Laws of Florida, section 240.2601,
18 Florida Statutes, shall not stand repealed January 7, 2003, as
19 scheduled by that law, but that section is reenacted and
20 amended to read:
21 240.2601 State Universities and Colleges University
22 System Facility Enhancement Challenge Grant Program.--
23 (1) The Legislature recognizes that the state
24 universities and colleges State University System do does not
25 have sufficient physical facilities to meet the current
26 demands of their its instructional and research programs. It
27 further recognizes that, to strengthen and enhance the state
28 universities and colleges State University System, it is
29 necessary to provide facilities in addition to those currently
30 available from existing revenue sources. It further
31 recognizes that there are sources of private support that, if
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1 matched with state support, can assist in constructing
2 much-needed facilities and strengthen the commitment of
3 citizens and organizations in promoting excellence throughout
4 the state universities and colleges. Therefore, it is the
5 intent of the Legislature to establish a trust fund to provide
6 the opportunity for each state university and college to
7 receive and match challenge grants for instructional and
8 research-related capital facilities within the university or
9 college.
10 (2) There is hereby established the Alec P. Courtelis
11 State Universities and Colleges University System Facility
12 Enhancement Challenge Grant Program for the purpose of
13 assisting the state universities and colleges State University
14 System build high priority instructional and research-related
15 capital facilities, including common areas connecting such
16 facilities. The associated foundations that serve the
17 universities and colleges shall solicit gifts from private
18 sources to provide matching funds for capital facilities. For
19 the purposes of this act, private sources of funds shall not
20 include any federal, state, or local government funds that a
21 university or college may receive.
22 (3) There is established the Alec P. Courtelis Capital
23 Facilities Matching Trust Fund for the purpose of providing
24 matching funds from private contributions for the development
25 of high priority instructional and research-related capital
26 facilities, including common areas connecting such facilities,
27 within the state universities and colleges State University
28 System. The Legislature shall appropriate funds to be
29 transferred to the trust fund. The Public Education Capital
30 Outlay and Debt Service Trust Fund, Capital Improvement Trust
31 Fund, Division of Sponsored Research Trust Fund, and Contracts
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1 and Grants Trust Fund shall not be used as the source of the
2 state match for private contributions. All appropriated funds
3 deposited into the trust fund shall be invested pursuant to
4 the provisions of s. 18.125. Interest income accruing to that
5 portion of the trust fund shall increase the total funds
6 available for the challenge grant program. Interest income
7 accruing from the private donations shall be returned to the
8 participating foundation upon completion of the project. The
9 State Board of Education Board of Regents shall administer the
10 trust fund and all related construction activities.
11 (4) No project shall be initiated unless all private
12 funds for planning, construction, and equipping the facility
13 have been received and deposited in the trust fund and the
14 state's share for the minimum amount of funds needed to begin
15 the project has been appropriated by the Legislature. The
16 Legislature may appropriate the state's matching funds in one
17 or more fiscal years for the planning, construction, and
18 equipping of an eligible facility. However, these requirements
19 shall not preclude the university or college from expending
20 available funds from private sources to develop a prospectus,
21 including preliminary architectural schematics and/or models,
22 for use in its efforts to raise private funds for a facility.
23 Additionally, any private sources of funds expended for this
24 purpose are eligible for state matching funds should the
25 project materialize as provided for in this section.
26 (5) To be eligible to participate in the Alec P.
27 Courtelis Capital Facilities Matching Trust Fund, a state
28 university or college shall raise a contribution equal to
29 one-half of the total cost of a facilities construction
30 project from private nongovernmental sources which shall be
31 matched by a state appropriation equal to the amount raised
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1 for a facilities construction project subject to the General
2 Appropriations Act.
3 (6) If the state's share of the required match is
4 insufficient to meet the requirements of subsection (5), the
5 university or college shall renegotiate the terms of the
6 contribution with the donors. If the project is terminated,
7 each private donation, plus accrued interest, reverts to the
8 foundation for remittance to the donor.
9 (7) By September 1 of each year, the State Board of
10 Education Board of Regents shall transmit to the Legislature a
11 list of projects which meet all eligibility requirements to
12 participate in the Alec P. Courtelis Capital Facilities
13 Matching Trust Fund and a budget request which includes the
14 recommended schedule necessary to complete each project.
15 (8) In order for a project to be eligible under this
16 program, it must be included in the state university or
17 college State University System 5-year Capital Improvement
18 Plan and must receive prior approval from the State Board of
19 Education Board of Regents and the Legislature.
20 (9) No university's or college's project shall be
21 removed from the approved 3-year PECO priority list because of
22 its successful participation in this program until approved by
23 the Legislature and provided for in the General Appropriations
24 Act. When such a project is completed and removed from the
25 list, all other projects shall move up on the 3-year PECO
26 priority list. A university or college shall not use PECO
27 funds, including the Capital Improvement Trust Fund fee and
28 the building fee, to complete a project under this section.
29 (10) Any project funds that are unexpended after a
30 project is completed shall revert to the Capital Facilities
31 Matching Trust Fund. Fifty percent of such unexpended funds
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1 shall be reserved for the university or college which
2 originally received the private contribution for the purpose
3 of providing private matching funds for future facility
4 construction projects as provided in this section. The
5 balance of such unexpended funds shall be available to any
6 state university or college for future facility construction
7 projects conducted pursuant to this section.
8 (11) The surveys, architectural plans, facility, and
9 equipment shall be the property of the State of Florida. A
10 facility constructed pursuant to this section may be named in
11 honor of a donor at the option of the university or college
12 and the Board of Regents. No facility shall be named after a
13 living person without prior approval by the Legislature.
14 Section 66. Notwithstanding subsection (7) of section
15 3 of chapter 2000-321, Laws of Florida, section 240.2605,
16 Florida Statutes, shall not stand repealed January 7, 2003, as
17 scheduled by that law, but that section is reenacted and
18 amended to read:
19 240.2605 Trust Fund for Major Gifts.--
20 (1) There is established a Trust Fund for Major Gifts.
21 The purpose of the trust fund is to enable the Board of
22 Regents Foundation, each university, and New College to
23 provide donors with an incentive in the form of matching
24 grants for donations for the establishment of permanent
25 endowments, which must be invested, with the proceeds of the
26 investment used to support libraries and instruction and
27 research programs, as defined by the State Board of Education
28 procedure of the Board of Regents. All funds appropriated for
29 the challenge grants, new donors, major gifts, or eminent
30 scholars program must be deposited into the trust fund and
31 invested pursuant to s. 18.125 until the State Board of
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1 Education Board of Regents allocates the funds to universities
2 to match private donations. Notwithstanding s. 216.301 and
3 pursuant to s. 216.351, any undisbursed balance remaining in
4 the trust fund and interest income accruing to the portion of
5 the trust fund which is not matched and distributed to
6 universities must remain in the trust fund and be used to
7 increase the total funds available for challenge grants. The
8 Board of Regents may authorize any university to encumber the
9 state matching portion of a challenge grant from funds
10 available under s. 240.272.
11 (2) The State Board of Education Board of Regents
12 shall specify the process for submission, documentation, and
13 approval of requests for matching funds, accountability for
14 endowments and proceeds of endowments, allocations to
15 universities, restrictions on the use of the proceeds from
16 endowments, and criteria used in determining the value of
17 donations.
18 (3)(a) The State Board of Education Board of Regents
19 shall allocate the amount appropriated to the trust fund to
20 the Board of Regents Foundation, each university, and New
21 College based on the amount of the donation and the
22 restrictions applied to the donation.
23 (b) Donations for a specific purpose must be matched
24 in the following manner:
25 1. The Board of Regents Foundation and each university
26 that raises at least $100,000 but no more than $599,999 from a
27 private source must receive a matching grant equal to 50
28 percent of the private contribution.
29 2. The Board of Regents Foundation and each university
30 that raises a contribution of at least $600,000 but no more
31
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1 than $1 million from a private source must receive a matching
2 grant equal to 70 percent of the private contribution.
3 3. The Board of Regents Foundation and each university
4 that raises a contribution in excess of $1 million but no more
5 than $1.5 million from a private source must receive a
6 matching grant equal to 75 percent of the private
7 contribution.
8 4. The Board of Regents Foundation and each university
9 that raises a contribution in excess of $1.5 million but no
10 more than $2 million from a private source must receive a
11 matching grant equal to 80 percent of the private
12 contribution.
13 5. The Board of Regents Foundation and each university
14 that raises a contribution in excess of $2 million from a
15 private source must receive a matching grant equal to 100
16 percent of the private contribution.
17 6. The amount of matching funds used to match a single
18 gift in any given year is limited to $3 million. The total
19 amount of matching funds available for any single gift is
20 limited to $15 million, to be distributed in equal amounts of
21 $3 million per year over 5 years.
22 (c) The State Board of Education Board of Regents
23 shall encumber state matching funds for any pledged
24 contributions, pro rata, based on the requirements for state
25 matching funds as specified for the particular challenge grant
26 and the amount of the private donations actually received by
27 the university or Board of Regents Foundation for the
28 respective challenge grant.
29 (4) Matching funds may be provided for contributions
30 encumbered or pledged under the Florida Endowment Trust Fund
31 for Eminent Scholars Act prior to July 1, 1994, and for
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1 donations or pledges of any amount equal to or in excess of
2 the prescribed minimums which are pledged for the purpose of
3 this section.
4 (5)(a) The Board of Regents Foundation, each
5 university foundation, and New College Foundation shall
6 establish a challenge grant account for each challenge grant
7 as a depository for private contributions and state matching
8 funds to be administered on behalf of the State Board of
9 Education Board of Regents, the university, or New College.
10 State matching funds must be transferred to a university
11 foundation or New College Foundation upon notification that
12 the university or New College has received and deposited the
13 amount specified in this section in a foundation challenge
14 grant account.
15 (b) The foundation serving a university and New
16 College Foundation each has the responsibility for the
17 maintenance and investment of its challenge grant account and
18 for the administration of the program on behalf of the
19 university or New College, pursuant to procedures specified by
20 the State Board of Education Board of Regents. Each foundation
21 shall include in its annual report to the State Board of
22 Education Board of Regents information concerning collection
23 and investment of matching gifts and donations and investment
24 of the account.
25 (c) A donation of at least $600,000 and associated
26 state matching funds may be used to designate an Eminent
27 Scholar Endowed Chair pursuant to rules adopted procedures
28 specified by the State Board of Education Board of Regents.
29 (6) The donations, state matching funds, or proceeds
30 from endowments established under this section may not be
31
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1 expended for the construction, renovation, or maintenance of
2 facilities or for the support of intercollegiate athletics.
3 (7) The Board of Regents Foundation may participate in
4 the same manner as a university foundation with regard to the
5 provisions of this section.
6 Section 67. Notwithstanding subsection (7) of section
7 3 of chapter 2000-321, Laws of Florida, section 240.261,
8 Florida Statutes, shall not stand repealed January 7, 2003, as
9 scheduled by that law, but that section is reenacted and
10 amended to read:
11 240.261 Codes of conduct; disciplinary measures;
12 rulemaking authority; HIV and AIDS policy; student judicial
13 system.--
14 (1) Each university and college board of trustees may
15 adopt, by rule, codes of conduct and appropriate penalties for
16 violations of rules by students and employees, to be
17 administered by the university or college. Such penalties,
18 unless otherwise provided by law, may include: reprimand;
19 restitution; fines; withholding of diplomas or transcripts
20 pending compliance with rules, completion of any student
21 judicial process or sanction, or payment of fines;
22 restrictions on the use of or removal from university and
23 college facilities; community service; educational
24 requirements; and the imposition of probation, suspension,
25 dismissal, or expulsion.
26 (2) Each university and college board of trustees may
27 adopt rules for, by rule, a code of conduct and appropriate
28 penalties for violations of rules by student organizations, to
29 be administered by the university or college. Such penalties,
30 unless otherwise provided by law, may include: reprimand;
31 restitution; suspension, cancellation, or revocation of the
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1 registration or official recognition of a student
2 organization; and restrictions on the use of, or removal from,
3 university and college facilities.
4 (3) Sanctions authorized by university and college
5 codes of conduct may be imposed only for acts or omissions in
6 violation of rules adopted by the university or college board
7 of trustees, including rules adopted under this section, rules
8 of the State Board of Education Board of Regents, county and
9 municipal ordinances, and the laws of this state, the United
10 States, or any other state.
11 (4) Each university and college board of trustees may
12 establish and adopt rules for, by rule, codes of appropriate
13 penalties for violations of rules governing student academic
14 honesty. Such penalties, unless otherwise provided by law, may
15 include: reprimand; reduction of grade; denial of academic
16 credit; invalidation of university or college credit or of the
17 degree based upon such credit; probation; suspension;
18 dismissal; or expulsion. In addition to any other penalties
19 that may be imposed, an individual may be denied admission or
20 further registration, and the university or college may
21 invalidate academic credit for work done by a student and may
22 invalidate or revoke the degree based upon such credit if it
23 is determined that the student has made false, fraudulent, or
24 incomplete statements in the application, residence affidavit,
25 or accompanying documents or statements in connection with, or
26 supplemental to, the application for admission to or
27 graduation from the university or college.
28 (5) Each The university and college board of trustees
29 shall adopt rules for the lawful discipline of any student,
30 faculty member, or member of the administrative staff who
31 intentionally acts to impair, interfere with, or obstruct the
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1 orderly conduct, processes, and functions of a state
2 university or college. The Said rules may apply to acts
3 conducted on or off campus when relevant to such orderly
4 conduct, processes, and functions.
5 (6) Each university and college shall review and
6 update as necessary a student handbook that includes, but is
7 not limited to, student rights and responsibilities, appeals
8 processes available to students, a roster of contact persons
9 within the administrative staff available to respond to
10 student inquiries, and a statement as to the policy on
11 acquired immune deficiency syndrome, including the name and
12 telephone number of the university or college counselor for
13 acquired immune deficiency syndrome. Each student handbook
14 must include a statement displayed prominently which provides
15 that the university or college will not tolerate the sale,
16 possession, or use of controlled substances, with the
17 exception of medication prescribed by a physician and taken in
18 accordance with the prescribed usage, nor will the university
19 or college tolerate the consumption of alcoholic beverages by
20 students younger than 21 years of age or the sale of alcoholic
21 beverages to students younger than 21 years of age. Each
22 student handbook must also list the legal and university and
23 college sanctions that will be imposed upon students who
24 violate the law or the policies of the university or college
25 regarding controlled substances and alcoholic beverages.
26 (7) Each university and college board of trustees
27 shall develop a comprehensive policy that addresses the
28 provision of instruction, information, and activities
29 regarding human immunodeficiency virus infection and acquired
30 immune deficiency syndrome. Such instruction, information, or
31 activities shall emphasize the known modes of transmission of
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1 human immunodeficiency virus infection and acquired immune
2 deficiency syndrome, signs and symptoms, associated risk
3 factors, appropriate behavior, attitude change, and means used
4 to control the spread of human immunodeficiency virus
5 infection and acquired immune deficiency syndrome.
6 (8) Each university and college board of trustees
7 shall establish a committee, at least one half of the members
8 of which shall be students appointed by the student body
9 president, to periodically review and evaluate the student
10 judicial system.
11 Section 68. Notwithstanding subsection (7) of section
12 3 of chapter 2000-321, Laws of Florida, section 240.262,
13 Florida Statutes, shall not stand repealed January 7, 2003, as
14 scheduled by that law, but that section is reenacted and
15 amended to read:
16 240.262 Hazing prohibited at state universities and
17 colleges.--
18 (1) As used in this section, the term "hazing" means
19 any action or situation which recklessly or intentionally
20 endangers the mental or physical health or safety of a student
21 for the purpose of initiation or admission into or affiliation
22 with any organization operating under the sanction of a
23 university or college, which organization is hereinafter
24 referred to as a "college organization" or "university
25 organization." Such term includes, but is not limited to, any
26 brutality of a physical nature, such as whipping; beating;
27 branding; forced calisthenics; exposure to the elements;
28 forced consumption of any food, liquor, drug, or other
29 substance; or other forced physical activity which could
30 adversely affect the physical health or safety of the
31 individual, and also includes any activity which would subject
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1 the individual to extreme mental stress, such as sleep
2 deprivation, forced exclusion from social contact, forced
3 conduct which could result in extreme embarrassment, or other
4 forced activity which could adversely affect the mental health
5 or dignity of the individual. For the purposes of this
6 section, any activity as described above upon which the
7 initiation or admission into or affiliation with a university
8 organization or college organization is directly or indirectly
9 conditioned shall be presumed to be a "forced" activity, the
10 willingness of an individual to participate in such activity
11 notwithstanding.
12 (2) Each university and college board of trustees
13 shall adopt a written antihazing policy and, pursuant to such
14 policy, shall adopt rules prohibiting students or other
15 persons associated with any university organization or college
16 organization from engaging in any activity which can be
17 described as hazing.
18 (a) Pursuant to the provisions of s. 240.261, each
19 university and college board of trustees shall provide a
20 program for the enforcement of such rules and shall adopt
21 appropriate penalties for violations of such rules, to be
22 administered by the person or agency at the university or
23 college responsible for the sanctioning of such university
24 organizations or college organizations.
25 1. Such penalties may include the imposition of fines;
26 the withholding of diplomas or transcripts pending compliance
27 with the rules or pending payment of fines; and the imposition
28 of probation, suspension, or dismissal.
29 2. In the case of a university organization or college
30 organization that which authorizes hazing in blatant disregard
31 of such rules, penalties may also include rescission of
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1 permission for that organization to operate on campus property
2 or to otherwise operate under the sanction of the university
3 or college.
4 3. All penalties imposed under the authority of this
5 subsection shall be in addition to any penalty imposed for
6 violation of any of the criminal laws of this state or for
7 violation of any other university or college rule to which the
8 violator may be subject.
9 (b) Rules adopted pursuant hereto shall apply to acts
10 conducted on or off campus whenever such acts are deemed to
11 constitute hazing.
12 (3) Upon approval by the Board of Regents of the
13 antihazing policy of a university and of the rules and
14 penalties adopted pursuant thereto, the Each university and
15 college shall provide a copy of the antihazing policy along
16 with the such policy, rules, and penalties to each student
17 enrolled in that university or college and shall require the
18 inclusion of such policy, rules, and penalties in the bylaws
19 of every organization operating under the sanction of the
20 university or college.
21 (4) Any amendments to such approved policy, rules, or
22 penalties shall be submitted, within 10 days after the
23 adoption of such amendments, to the Board of Regents for its
24 approval.
25 Section 69. Notwithstanding subsection (7) of section
26 3 of chapter 2000-321, Laws of Florida, section 240.263,
27 Florida Statutes, shall not stand repealed January 7, 2003, as
28 scheduled by that law, but that section is reenacted and
29 amended to read:
30 240.263 Regulation of traffic at universities and
31 colleges; definitions.--
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1 (1) In construing ss. 240.263-240.268, the term:
2 (a) "Traffic," when used as a noun, means the use or
3 occupancy of, and the movement in, on, or over, streets, ways,
4 walks, roads, alleys, and parking areas by vehicles,
5 pedestrians, or ridden or herded animals.
6 (b) "Adjacent municipality" means a municipality which
7 is contiguous or adjacent to, or which contains within its
8 boundaries all or part of the grounds of, a university or
9 college; except that, if the grounds of a university or
10 college are not within or contiguous to a municipality,
11 "adjacent municipality" means the county seat of the county
12 which contains within its boundaries all or part of the
13 grounds of the university or college.
14 (c) "Grounds" includes all of the campus and grounds
15 of the university or college, whether it be the campus proper
16 or outlying or noncontiguous land of the university or college
17 within the county.
18 (d) "Law enforcement officers" include municipal
19 police, patrol officers, traffic officers, sheriffs, deputies,
20 highway patrol officers, and county traffic officers assigned
21 to duty on the grounds of the university or college, as well
22 as campus police, traffic officers, guards, parking
23 patrollers, and other noncommissioned personnel designated for
24 traffic purposes by the university or college.
25 (e) "University traffic infraction" or "college
26 traffic infraction" means a noncriminal violation of
27 university or college parking and traffic rules which is not
28 included under s. 318.14 or s. 318.17 or any municipal
29 ordinance, which is not punishable by incarceration, and for
30 which there is no right to trial by jury or to court-appointed
31 counsel.
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1 (f) "Traffic authority" means an individual or a group
2 of individuals at each university and college, authorized and
3 appointed by the president of the university or college to
4 adjudicate university traffic infractions or college traffic
5 infractions.
6 (2) A traffic rule becomes enforceable shall be deemed
7 promulgated when adopted by the university or college board of
8 trustees individual institution.
9 Section 70. Notwithstanding subsection (7) of section
10 3 of chapter 2000-321, Laws of Florida, section 240.264,
11 Florida Statutes, shall not stand repealed January 7, 2003, as
12 scheduled by that law, but that section is reenacted and
13 amended to read:
14 240.264 Rules of universities and colleges; municipal
15 ordinances.--Each university and college board of trustees
16 shall adopt rules that which govern traffic on the grounds of
17 that university or college; that which provide penalties for
18 the infraction of such traffic rules; and that which the
19 university or college board of trustees finds necessary,
20 convenient, or advisable for the safety or welfare of the
21 students, faculty members, or other persons. Copies of such
22 rules shall be posted at the university or college on public
23 bulletin boards where notices are customarily posted, filed
24 with the city clerk or corresponding municipal or county
25 officer, and made available to any person requesting same.
26 When adopted, said rules shall be enforceable as herein
27 provided. All ordinances of the adjacent municipality
28 relating to traffic which are not in conflict or inconsistent
29 with the traffic rules adopted by the individual university or
30 college board of trustees shall extend and be applicable to
31 the grounds of the university or college. The provisions of
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1 chapter 316 shall extend and be applicable to the grounds of
2 the university or college, and the rules adopted by the
3 individual university and college boards of trustees shall not
4 conflict with any section of that chapter.
5 Section 71. Notwithstanding subsection (7) of section
6 3 of chapter 2000-321, Laws of Florida, section 240.265,
7 Florida Statutes, shall not stand repealed January 7, 2003, as
8 scheduled by that law, but that section is reenacted and
9 amended to read:
10 240.265 Violations; penalties.--Any person who
11 violates any of the those rules adopted by a university or
12 college board of trustees the individual institution shall be
13 deemed to have committed a university traffic infraction or
14 college traffic infraction and shall be fined or penalized as
15 provided by the rules adopted by the university or college
16 board of trustees institution. Any person who violates any
17 traffic regulation enumerated in chapter 316 shall be charged,
18 and the cause shall proceed, in accordance with chapters 316
19 and 318.
20 Section 72. Notwithstanding subsection (7) of section
21 3 of chapter 2000-321, Laws of Florida, section 240.266,
22 Florida Statutes, shall not stand repealed January 7, 2003, as
23 scheduled by that law, but that section is reenacted and
24 amended to read:
25 240.266 Payment of fines; jurisdiction and procedures
26 of university or college traffic authority; campus violation
27 fines.--
28 (1) A person charged with a university traffic
29 infraction or college traffic infraction shall elect the
30 option prescribed in paragraph (a) or the option prescribed in
31 paragraph (b). If neither option is exercised within the
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1 prescribed time by the person charged with a university
2 traffic infraction or college infraction, an additional fine
3 or penalty may be assessed, and shall be payable, in
4 accordance with the rules of the university or college board
5 of trustees.
6 (a) The person charged may pay the applicable
7 infraction fine, either by mail or in person, within the time
8 period specified in the rules of the individual university or
9 college board of trustees. A schedule of infraction fines
10 applicable to each university and college shall be adopted by
11 the university or college board of trustees.
12 (b) The person charged may elect to appear before the
13 university or college traffic authority for administrative
14 determination pursuant to procedures enumerated in the rules
15 of such university or college board of trustees.
16 (2) Each university and college may is authorized to
17 approve the establishment of a university or college traffic
18 authority to hear violations of traffic rules. In such cases
19 as come before the authority, the university or college
20 traffic authority shall determine whether the person is guilty
21 or not guilty of the charge. In the case of a finding of
22 guilt, the authority shall, in its discretion, impose an
23 appropriate penalty pursuant to s. 240.265.
24 (3) This section shall provide the exclusive
25 procedures for the adjudication of university traffic
26 infractions or college traffic infractions.
27 Section 73. Notwithstanding subsection (7) of section
28 3 of chapter 2000-321, Laws of Florida, section 240.267,
29 Florida Statutes, shall not stand repealed January 7, 2003, as
30 scheduled by that law, but that section is reenacted and
31 amended to read:
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1 240.267 Use of traffic and parking moneys.--Moneys
2 collected from parking assessments and infraction fines shall
3 be deposited in appropriate funds and shall be used to defray
4 the administrative and operating costs of the traffic and
5 parking program at the university or college institution, to
6 provide for additional parking facilities on campus, or for
7 student loan purposes.
8 Section 74. Notwithstanding subsection (7) of section
9 3 of chapter 2000-321, Laws of Florida, section 240.268,
10 Florida Statutes, shall not stand repealed January 7, 2003, as
11 scheduled by that law, but that section is reenacted and
12 amended to read:
13 240.268 University and college police.--
14 (1) Each university and college shall is empowered and
15 directed to provide for police officers for the university or
16 college, and such police officers shall hereafter be known and
17 designated as the "university police." or "college police."
18 (2) The university police and college police are
19 hereby declared to be law enforcement officers of the state
20 and conservators of the peace with the right to arrest, in
21 accordance with the laws of this state, any person for
22 violation of state law or applicable county or city ordinances
23 when such violations occur on any property or facilities that
24 which are under the guidance, supervision, regulation, or
25 control of the state universities and colleges, including
26 property and facilities of university or college
27 direct-support organizations State University System, except
28 that arrests may be made off campus when hot pursuit
29 originates on campus. Such officers shall have full authority
30 to bear arms in the performance of their duties and to execute
31 search warrants within their territorial jurisdiction.
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1 University and college police, when requested by the sheriff
2 or local police authority, may serve subpoenas or other legal
3 process and may make arrest of any person against whom a
4 warrant has been issued or any charge has been made of
5 violation of federal or state laws or county or city
6 ordinances.
7 (3) University and college police shall promptly
8 deliver all persons arrested and charged with a felony to the
9 sheriff of the county within which the university or college
10 is located, and all persons arrested and charged with
11 misdemeanors shall be delivered to the applicable authority as
12 may be provided by law, but otherwise to the sheriff of the
13 county in which the university or college is located.
14 (4) University and college police must meet the
15 minimum standards established by the Criminal Justice
16 Standards and Training Commission and chapter 943. Each police
17 officer shall, before entering into the performance of his or
18 her duties, take the oath of office as established by the
19 university or college; and the university or college may
20 obtain and approve a bond on each officer, payable to the
21 Governor and his or her successors in office, conditioned on
22 the faithful performance of the duties of such university or
23 college police officer. The university or college may
24 determine the amount of the bond. In determining the amount of
25 the bond, the university or college may consider the amount of
26 money or property likely to be in the custody of the officer
27 at any one time. The university or college shall provide a
28 uniform set of identification credentials for each university
29 or college police officer.
30 (5) In performance of any of the powers, duties, and
31 functions authorized by law or this section, university and
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1 college police shall have the same rights, protections, and
2 immunities afforded other peace or law enforcement officers.
3 (6) The university, in concurrence with the Department
4 of Law Enforcement, shall adopt rules, including, but not
5 limited to, the appointment, employment, and removal of
6 university police in accordance with the state Career Service
7 System, and, further, establish in writing a policy manual,
8 including, but not limited to, routine and emergency law
9 enforcement situations. A policy manual shall be furnished to
10 each university police officer.
11 Section 75. Notwithstanding subsection (7) of section
12 3 of chapter 2000-321, Laws of Florida, section 240.2682,
13 Florida Statutes, shall not stand repealed January 7, 2003, as
14 scheduled by that law, but that section is reenacted and
15 amended to read:
16 240.2682 Florida Postsecondary Education Security
17 Information Act.--
18 (1) This act may be cited as the "Florida
19 Postsecondary Education Security Information Act."
20 (2) For the purposes of this act, "postsecondary
21 institution" means a state university or college identified in
22 s. 240.2011, a nonpublic college or university licensed
23 pursuant to s. 246.081, or a nonpublic college or university
24 exempt from licensure pursuant to s. 246.085.
25 Section 76. Notwithstanding subsection (7) of section
26 3 of chapter 2000-321, Laws of Florida, section 240.2683,
27 Florida Statutes, shall not stand repealed January 7, 2003, as
28 scheduled by that law, but that section is reenacted and
29 amended to read:
30 240.2683 Report of campus crime statistics.--
31
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1 (1) Each postsecondary institution shall prepare an
2 annual report of campus crime statistics for submission to the
3 respective governing or licensing boards of jurisdiction. The
4 data for these reports may be taken from the Florida
5 Department of Law Enforcement Annual Report. The Department
6 of Education shall prescribe the format for institutional
7 submission. Each postsecondary institution shall file the
8 reports with The Board of Regents and State Board of
9 Independent Colleges and Universities shall compile the
10 reports and convey the aggregate institutional reports to the
11 Commissioner of Education.
12 (2) Each postsecondary institution shall prepare a
13 report of crime statistics as reported under subsection (1)
14 for the most recent 3-year period. The report shall be
15 updated annually. The institution shall give notice that this
16 report is available upon request.
17 Section 77. Notwithstanding subsection (7) of section
18 3 of chapter 2000-321, Laws of Florida, section 240.2684,
19 Florida Statutes, shall not stand repealed January 7, 2003, as
20 scheduled by that law, but that section is reenacted to read:
21 240.2684 Assessment of physical plant safety.--The
22 president of each postsecondary institution shall conduct or
23 cause to be conducted an annual assessment of physical plant
24 safety. An annual report shall incorporate the findings
25 obtained through such assessment and recommendations for the
26 improvement of safety on each campus. The annual report shall
27 be submitted to the respective governing or licensing board of
28 jurisdiction no later than January 1 of each year. Each board
29 shall compile the individual institutional reports and convey
30 the aggregate institutional reports to the Commissioner of
31 Education. The Commissioner of Education shall convey these
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1 reports and the reports required in s. 240.2683 to the
2 President of the Senate and the Speaker of the House of
3 Representatives no later than March 1 of each year.
4 Section 78. Notwithstanding subsection (7) of section
5 3 of chapter 2000-321, Laws of Florida, section 240.271,
6 Florida Statutes, shall not stand repealed January 7, 2003, as
7 scheduled by that law, but that section is reenacted and
8 amended to read:
9 240.271 State university and college System;
10 funding.--
11 (1) Planned enrollments for each university and
12 college as accepted or modified by the Legislature and program
13 cost categories shall be the basis for the allocation of
14 appropriated funds to the universities and colleges.
15 (2) In addition to enrollment-based appropriations,
16 categorical programs shall be established in the state
17 universities and colleges University System which are not
18 directly related to planned student enrollment. Such programs
19 shall be based upon the assigned missions of the institutions
20 and shall include, but not be limited to, research and public
21 service programs and authority to spend fee revenues collected
22 pursuant to subsection (5) and s. 240.235 s. 240.209(3)(e).
23 Appropriations by the Legislature and allocations by the board
24 shall be based upon full costs, as determined pursuant to
25 subsection (1), and priorities established by the Legislature.
26 (3) The Legislature by line item in an appropriations
27 act may identify programs of extraordinary quality for the
28 utilization of state funds to be matched by nonstate and
29 nonfederal sources.
30 (4) The State Board of Education Board of Regents
31 shall establish and validate a cost-estimating system
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1 consistent with the requirements of subsection (1) and shall
2 report as part of its legislative budget request the actual
3 expenditures for the fiscal year ending the previous June 30.
4 The report shall include total expenditures from all sources
5 and shall be in such detail as needed to support the
6 legislative budget request.
7 (5)(a) If the actual enrollment for any university or
8 college is less than planned enrollment by more than 5 percent
9 for any 2 consecutive fiscal years, the university or college
10 enrollment plan for the next year shall be reduced. If actual
11 enrollment exceeds planned enrollment by more than 5 percent,
12 an explanation of the excess shall be provided with the next
13 year's enrollment plan. The analysis of enrollment conducted
14 for implementing this subsection shall be based on the
15 categories of enrollment used in the education and general
16 appropriation.
17 (b) Beginning in fiscal year 1995-1996, and as
18 authorized in the General Appropriations Act, the Board of
19 Regents shall allocate to each university the student fees
20 collected by the university other than revenues generated by
21 enrollment growth in excess of 5 percent above planned
22 enrollment.
23 (6) The enrollment planning plus program cost data
24 established by this section shall be used as the basis for
25 preparing the legislative budget requests.
26 Section 79. Sections 240.272 and 240.273, Florida
27 Statutes, are repealed.
28 Section 80. Notwithstanding subsection (7) of section
29 3 of chapter 2000-321, Laws of Florida, section 240.274,
30 Florida Statutes, shall not stand repealed January 7, 2003, as
31
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1 scheduled by that law, but that section is reenacted and
2 amended to read:
3 240.274 Universities and colleges; public documents
4 distributed to libraries.--The general library of each state
5 university and college institution in the State University
6 System is entitled to receive copies of reports of state
7 officials, departments, and institutions and all other state
8 documents published by the state. Each officer of the state
9 empowered by law to distribute such public documents is
10 authorized to transmit without charge, except for payment of
11 shipping costs, the number of copies of each public document
12 desired upon requisition from the librarian. It is the duty
13 of the library to keep public documents in a convenient form
14 accessible to the public. The library may, under rules
15 formulated by the Board of Regents, is authorized to exchange
16 documents for those of other states, territories, and
17 countries.
18 Section 81. Notwithstanding subsection (7) of section
19 3 of chapter 2000-321, Laws of Florida, section 240.275,
20 Florida Statutes, shall not stand repealed January 7, 2003, as
21 scheduled by that law, but that section is reenacted and
22 amended to read:
23 240.275 Law libraries of certain institutions of
24 higher learning designated as state legal depositories.--
25 (1) The law libraries of the University of Florida,
26 Florida State University, Florida Agricultural and Mechanical
27 University, Florida International University, Stetson
28 University, Nova University, and the University of Miami are
29 designated as state legal depositories.
30 (2) Each officer of the state empowered by law to
31 distribute legal publications is authorized to transmit, upon
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1 payment of shipping costs or cash on delivery, to the state
2 legal depositories copies of such publications as requested.
3 However, the number of copies transmitted shall be limited to:
4 (a) Eight copies of each volume of General Acts and
5 each volume of Special Acts to each of the state legal
6 depositories;
7 (b) Up to a maximum number of each volume of the
8 Florida Statutes and each supplement volume, computed on the
9 basis of one set for every 10 students enrolled during the
10 school year, based upon the average enrollment as certified by
11 the registrar; and
12 (c) One copy of each journal of the House of
13 Representatives and each journal of the Senate to each state
14 legal depository.
15 (3) It is the duty of the librarian of any depository
16 to keep all public documents in a convenient form accessible
17 to the public.
18 (4) The libraries of all community colleges in the
19 Florida Community College System as defined in s. 240.301 are
20 designated as state depositories for the Florida Statutes and
21 supplements published by or under the authority of the state;
22 these depositories each may receive upon request one copy of
23 each volume without charge, except for payment of shipping
24 costs.
25 Section 82. Section 240.276, Florida Statutes, is
26 repealed.
27 Section 83. Notwithstanding subsection (7) of section
28 3 of chapter 2000-321, Laws of Florida, section 240.277,
29 Florida Statutes, shall not stand repealed January 7, 2003, as
30 scheduled by that law, but that section is reenacted and
31 amended to read:
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1 240.277 Additional appropriation.--
2 (1) All moneys received by the state universities and
3 colleges institutions under the management of the Board of
4 Regents, other than from state and federal sources, from
5 student building and capital improvement fees, and from
6 vending machine collections, are hereby appropriated to the
7 use of the Board of Regents, for the respective state
8 university or college institutions collecting the moneys same,
9 to be expended as the state university or college directs
10 Board of Regents may direct; however, the funds may shall not
11 be expended except in pursuance of detailed budgets approved
12 by the State Board of Education filed with the Executive
13 Office of the Governor and may shall not be expended for the
14 construction or reconstruction of buildings except as provided
15 under s. 240.295.
16 (2) All moneys received from vending machine
17 collections by the state universities and colleges
18 institutions under the management of the Board of Regents
19 shall be expended only as set forth in detailed budgets
20 approved by the State Board of Education Board of Regents.
21 (3)(a) All moneys received by institutions under the
22 management of the Board of Regents for the Auxiliary
23 Enterprises and Contracts, Grants and Donations budget
24 entities, and the self-insurance program authorized in s.
25 240.213, shall be exempt from the requirements of s. 216.023.
26 The Board of Regents, in consultation with the appropriations
27 committees of the Legislature, shall approve an estimated
28 level of expenditures, salary rates, and positions for each of
29 these budget entities. If such expenditures exceed the prior
30 year level by more than 25 percent, the full membership of the
31 appropriations committees shall be notified of the increase.
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1 (b) No new state appropriation shall be obligated as a
2 source of matching funds for potential federal or private
3 contracts or grants. Upon the termination of any federal or
4 private contracts or grants, the state is shall not be
5 obligated to provide continued funding for personnel or
6 project costs related to such contracts or grants.
7 Section 84. Section 240.279, Florida Statutes, is
8 repealed.
9 Section 85. Notwithstanding subsection (7) of section
10 3 of chapter 2000-321, Laws of Florida, section 240.2803,
11 Florida Statutes, shall not stand repealed January 7, 2003, as
12 scheduled by that law, but that section is reenacted and
13 amended to read:
14 240.2803 Auxiliary enterprises; contracts, grants, and
15 donations; definitions.--As used in s. 19(f)(3), Art. III of
16 the State Constitution, the term:
17 (1) "Auxiliary enterprises" includes activities that
18 directly or indirectly provide a product or a service, or
19 both, to a university, college, or its students, faculty, or
20 staff and for which a charge is made. These auxiliary
21 enterprises are business activities of a university or college
22 which require no support from the General Revenue Fund, and
23 include activities such as housing, bookstores, student health
24 services, continuing education programs, food services,
25 college stores, operation of vending machines, specialty
26 shops, day care centers, golf courses, student activities
27 programs, data center operations, and intercollegiate
28 athletics programs.
29 (2) "Contracts, grants, and donations" includes
30 noneducational and general funding sources in support of
31 research, public services, and training. The term includes
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1 grants and donations, sponsored-research contracts, and
2 Department of Education funding for developmental research
3 schools and other activities for which the funds are deposited
4 outside the State Treasury.
5 Section 86. Sections 240.28031 and 240.28035, Florida
6 Statutes, are repealed.
7 Section 87. Notwithstanding subsection (7) of section
8 3 of chapter 2000-321, Laws of Florida, section 240.2805,
9 Florida Statutes, shall not stand repealed January 7, 2003, as
10 scheduled by that law, but that section is reenacted and
11 amended to read:
12 240.2805 Administration of capital improvement and
13 building fees trust funds.--The State Board of Education Board
14 of Regents shall administer the Capital Improvement Fee Trust
15 Fund and the Building Fee Trust Fund which include receipts
16 from capital improvement and building student fee assessments,
17 interest earnings, and subsidy grants. All funds, except those
18 to be used for debt service payments, reserve requirements,
19 and educational research centers for child development,
20 pursuant to s. 240.531, shall be used to fund projects
21 appropriated by the Legislature. Projects funded pursuant to
22 this section may be expanded by the use of supplemental funds
23 such as grants, auxiliary enterprises, private donations, and
24 other nonstate sources when approved by the Executive Office
25 of the Governor.
26 Section 88. Notwithstanding subsection (7) of section
27 3 of chapter 2000-321, Laws of Florida, section 240.281,
28 Florida Statutes, shall not stand repealed January 7, 2003, as
29 scheduled by that law, but that section is reenacted and
30 amended to read:
31
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1 240.281 Deposit of funds received by state
2 universities and colleges institutions and agencies in the
3 State University System.--All funds received by any state
4 university or college may be deposited outside the State
5 Treasury, except as otherwise provided by law. institution or
6 agency in the State University System, from whatever source
7 received and for whatever purpose, shall be deposited in the
8 State Treasury subject to disbursement in such manner and for
9 such purposes as the Legislature may by law provide. The
10 following funds shall be exempt from the provisions of this
11 section and, with the approval of the Board of Regents, may be
12 deposited outside the State Treasury:
13 (1) Student deposits.
14 (2) Scholarship funds from private sources.
15 (3) Student loan funds.
16 (4) Contractor's bid deposits.
17 (5) Vending machine collections.
18 (6) Alumni association funds.
19 (7) Funds received from private sources as gifts,
20 grants, bequests, or donations.
21 (8) Funds received by a faculty practice plan as
22 provided by rule of the Board of Regents; however, the
23 University of Florida and the University of South Florida
24 shall prepare operating budgets at the same level of detail as
25 that required of the education and general and Board of
26 Regents budget entities for these funds.
27 (9) Such other funds as may be approved by the Board
28 of Regents and the Executive Office of the Governor subject to
29 the review provisions of s. 216.177.
30 Section 89. Sections 240.283, 240.285, 240.287, and
31 240.289, Florida Statutes, are repealed.
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1 Section 90. Notwithstanding subsection (7) of section
2 3 of chapter 2000-321, Laws of Florida, section 240.291,
3 Florida Statutes, shall not stand repealed January 7, 2003, as
4 scheduled by that law, but that section is reenacted and
5 amended to read:
6 240.291 Delinquent accounts.--
7 (1) Each university and college may is directed to
8 exert every effort to collect all delinquent accounts.
9 (2) Each university and college may is authorized to
10 charge off or to settle such accounts that are as may prove
11 uncollectible.
12 (3) Each university and college may is authorized to
13 employ the service of a collection agency when deemed
14 advisable in collecting delinquent accounts.
15 (4) Each university and college board of trustees may
16 is authorized to adopt rules, as necessary, to implement the
17 provisions of this section, including setoff procedures,
18 payroll deductions, and restrictions on release of
19 transcripts, awarding of diplomas, and access to other
20 university or college resources and services.
21 Section 91. Notwithstanding subsection (7) of section
22 3 of chapter 2000-321, Laws of Florida, section 240.293,
23 Florida Statutes, shall not stand repealed January 7, 2003, as
24 scheduled by that law, but that section is reenacted and
25 amended to read:
26 240.293 Contracts of institutions for supplies,
27 utility services, and building construction exempt from
28 operation of county or municipal ordinance or charter.--
29 (1) The state universities and colleges may are
30 authorized to contract for supplies, utility services, and
31 building construction without regulation or restriction by
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1 municipal or county charter or ordinance. Contractual
2 arrangements shall be in the best interests of the state and
3 shall give consideration to rates, adequacy of service, and
4 the dependability of the contractor.
5 (2) Any municipal or county charter, ordinance, or
6 regulation that serves to restrict or prohibit the intent of
7 subsection (1) shall be inoperative.
8 Section 92. Notwithstanding subsection (7) of section
9 3 of chapter 2000-321, Laws of Florida, section 240.2945,
10 Florida Statutes, shall not stand repealed January 7, 2003, as
11 scheduled by that law, but that section is reenacted and
12 amended to read:
13 240.2945 Building construction standards;
14 exemptions.--The state universities and colleges are exempt
15 from local amendments to the Florida Building Code and the
16 Fire Prevention Code.
17 Section 93. Notwithstanding subsection (7) of section
18 3 of chapter 2000-321, Laws of Florida, section 240.295,
19 Florida Statutes, shall not stand repealed January 7, 2003, as
20 scheduled by that law, but that section is reenacted and
21 amended to read:
22 240.295 State universities and colleges University
23 System; authorization for fixed capital outlay projects.--
24 (1) Notwithstanding the provisions of chapter 216,
25 including s. 216.351, The state universities and colleges
26 University System may accomplish fixed capital outlay projects
27 consistent with the provisions of this section. Projects
28 authorized by this section shall not require educational plant
29 survey approval as prescribed in chapter 235. No project which
30 upon completion requires general revenue for operation or
31
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1 maintenance shall be accomplished without approval by the
2 Legislature.
3 (2) The following types of projects may be
4 accomplished pursuant to the restrictions identified in
5 subsection (1):
6 (a) Construction of any new buildings, or remodeling
7 of existing buildings, when funded from nonstate sources such
8 as federal grant funds, private gifts, grants, or lease
9 arrangements if such grants or gifts are given for the
10 specific purpose of construction;
11 (b) The replacement of any buildings destroyed by fire
12 or other calamity;
13 (c) Construction of projects financed as provided in
14 s. 240.2093 or part I of chapter 243;
15 (d) Construction of new facilities or remodeling of
16 existing facilities to meet needs for research, provided that
17 such projects are financed pursuant to s. 240.241; or
18 (e) Construction of facilities or remodeling of
19 existing facilities to meet needs as determined by the
20 university or college, provided that the amount of funds for
21 any such project does not exceed $500,000, and the trust
22 funds, other than the funds used to accomplish projects
23 contemplated in this subsection, are authorized and available
24 for such purposes.
25 (3) Other than those projects currently authorized, no
26 project proposed by a university or college which is to be
27 funded from Capital Improvement Trust Fund fees or building
28 fees shall be submitted to the State Board of Education Board
29 of Regents for approval without prior consultation with the
30 student government association of that university or college.
31
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1 The State Board of Education Board of Regents shall adopt
2 promulgate rules which are consistent with this requirement.
3 (4) Each university and college board of trustees The
4 Board of Regents shall, in consultation with local and state
5 emergency management agencies, assess existing facilities to
6 identify the extent to which each campus has public hurricane
7 evacuation shelter space. Each The board shall submit to the
8 Governor and the Legislature by August 1 of each year a 5-year
9 capital improvements program that identifies new or
10 retrofitted facilities that will incorporate enhanced
11 hurricane resistance standards and that can be used as public
12 hurricane evacuation shelters. Enhanced hurricane resistance
13 standards include fixed passive protection for window and door
14 applications to provide mitigation protection, security
15 protection with egress, and energy efficiencies that meet
16 standards required in the 130-mile-per-hour wind zone areas.
17 Each The board must also submit proposed facility retrofit
18 projects to the Department of Community Affairs for assessment
19 and inclusion in the annual report prepared in accordance with
20 s. 252.385(3). Until a regional planning council region in
21 which a campus is located has sufficient public hurricane
22 evacuation shelter space, any campus building for which a
23 design contract is entered into subsequent to July 1, 2001,
24 and which has been identified by a the board, with the
25 concurrence of the local emergency management agency or the
26 Department of Community Affairs, to be appropriate for use as
27 a public hurricane evacuation shelter, must be constructed in
28 accordance with public shelter standards.
29 Section 94. Notwithstanding subsection (7) of section
30 3 of chapter 2000-321, Laws of Florida, section 240.296,
31 Florida Statutes, shall not stand repealed January 7, 2003, as
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1 scheduled by that law, but that section is reenacted and
2 amended to read:
3 240.296 State university and college system facilities
4 loan and debt surety program.--
5 (1) LEGISLATIVE INTENT.--The Legislature recognizes
6 the need for new facilities, improvements to existing
7 facilities, and equipment to accommodate university and
8 college needs for student housing, dining, parking,
9 merchandising, athletics, and other income-generating,
10 self-supporting enterprises. It is further recognized that
11 projects for these purposes must be approved by the
12 Legislature before revenue certificates may be issued on
13 behalf of the State Board of Education Board of Regents, and
14 that the credit ratings of these revenue certificates may be
15 enhanced by a secondary pledge of unobligated trust funds. It
16 is, therefore, the intent of the Legislature to establish a
17 program to provide the opportunity for each state university
18 and college to obtain funds for these projects and to serve as
19 a source of secondary credit enhancement for revenue
20 certificates issued on behalf of the State Board of Education
21 Board of Regents. This program shall be administered in
22 accordance with rules adopted procedures established by the
23 State Board of Education Board of Regents.
24 (2) ADMINISTRATION OF THE PROGRAM.--
25 (a) Projects, including acquisition of new facilities,
26 improvements to existing facilities, and equipment to
27 accommodate university and college needs for student housing,
28 parking, dining, merchandising, athletics, or other
29 income-generating, self-supporting enterprises, shall be
30 eligible for loans or secondary credit enhancement, as the
31
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1 case may be, subject to the rules adopted procedures
2 established by the State Board of Education Board of Regents.
3 (b) To be eligible for secondary credit enhancement
4 from the program, the primary revenue stream dedicated to each
5 project must be sufficient to attain a minimum debt coverage
6 ratio established by the State Board of Education Board of
7 Regents. The surety pledge from the program for any one
8 project shall not exceed an amount equal to 1 year's debt
9 service or lease payments and such surety pledge shall not
10 extend beyond the first 5 years of the debt, unless
11 specifically authorized by the State Board of Education Board
12 of Regents. The State Board of Education shall adopt rules
13 Board of Regents shall establish procedures for charges and
14 for repayments of draws from the program.
15 (c) To be eligible for a loan, the university or
16 college must demonstrate the project's fiscal sufficiency,
17 including loan repayment provisions.
18 (d) All construction allocations shall be acquired in
19 accordance with rules adopted by the State Board of Education
20 established by the Board of Regents, pursuant to s.
21 240.209(3)(o).
22 Section 95. Section 240.2985, Florida Statutes, is
23 repealed.
24 Section 96. Notwithstanding subsection (7) of section
25 3 of chapter 2000-321, Laws of Florida, section 240.299,
26 Florida Statutes, shall not stand repealed January 7, 2003, as
27 scheduled by that law, but that section is reenacted and
28 amended to read:
29 240.299 Direct-support organizations; use of property;
30 board of directors; activities; audit; facilities.--
31
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1 (1) DEFINITIONS.--For the purposes of this section,
2 the term:
3 (a) "University direct-support organization" or
4 "college direct-support organization" means an organization
5 which is:
6 1. A Florida corporation not for profit incorporated
7 under the provisions of chapter 617 and approved by the
8 Department of State;
9 2. Organized and operated exclusively to receive,
10 hold, invest, and administer property and to make expenditures
11 to or for the benefit of a state university or college in
12 Florida or for the benefit of a research and development park
13 or research and development authority affiliated with a state
14 university or college and organized under part V of chapter
15 159; and
16 3. An organization that which the State Board of
17 Education Board of Regents, after review, has certified to be
18 operating in a manner consistent with the goals of the
19 university or college and in the best interest of the state.
20 Any organization that which is denied certification by the
21 State Board of Education may Board of Regents shall not use
22 the name of the university or college that which it serves.
23 (b) "Personal services" includes full-time or
24 part-time personnel as well as payroll processing.
25 (2) USE OF PROPERTY.--
26 (a) Each university and college board of trustees may
27 The Board of Regents is authorized to permit the use of
28 property, facilities, and personal services at any state
29 university or college by any university direct-support
30 organization or college direct-support organization, and,
31 subject to the provisions of this section, direct-support
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1 organizations may establish accounts with the State Board of
2 Administration for investment of funds pursuant to part IV of
3 chapter 218.
4 (b) Each university and college board of trustees The
5 Board of Regents shall prescribe by rule conditions with which
6 a university direct-support organization or college
7 direct-support organization must comply in order to use
8 property, facilities, or personal services at any state
9 university or college. Such rules shall provide for budget
10 and audit review and oversight by the State Board of Education
11 Board of Regents.
12 (c) A university or college board of trustees may The
13 Board of Regents shall not permit the use of property,
14 facilities, or personal services at any state university or
15 college by any university direct-support organization or
16 college direct-support organization that which does not
17 provide equal employment opportunities to all persons
18 regardless of race, color, religion, sex, age, or national
19 origin.
20 (3) BOARD OF DIRECTORS.--Each university and college
21 board of trustees The chair of the Board of Regents may
22 appoint a representative to the board of directors and the
23 executive committee of any direct-support organization
24 established under this section. The president of the
25 university or college for which the direct-support
26 organization is established, or his or her designee, shall
27 also serve on the board of directors and the executive
28 committee of any direct-support organization established to
29 benefit that university or college.
30 (4) ACTIVITIES; RESTRICTION.--A university
31 direct-support organization or a college direct-support
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1 organization may not give is prohibited from giving, either
2 directly or indirectly, any gift to a political committee or
3 committee of continuous existence as defined in s. 106.011 for
4 any purpose other than those certified by a majority roll call
5 vote of the governing board of the direct-support organization
6 at a regularly scheduled meeting as being directly related to
7 the educational mission of the university or college.
8 (5) ANNUAL AUDIT.--Each direct-support organization
9 shall provide for an annual financial audit of its accounts
10 and records to be conducted by an independent certified public
11 accountant in accordance with rules adopted by the Auditor
12 General pursuant to s. 11.45(8) and by the Board of Regents.
13 The annual audit report shall be submitted, within 9 months
14 after the end of the fiscal year, to the Auditor General and
15 the State Board of Education Board of Regents for review. The
16 State Board of Education, the university or college board of
17 trustees Board of Regents, the Auditor General, and the Office
18 of Program Policy Analysis and Government Accountability may
19 shall have the authority to require and receive from the
20 organization or from its independent auditor any records
21 relative to the operation of the organization. The identity of
22 donors who desire to remain anonymous shall be protected, and
23 that anonymity shall be maintained in the auditor's report.
24 All records of the organization other than the auditor's
25 report, management letter, and any supplemental data requested
26 by the State Board of Education, the university or college
27 board of trustees Board of Regents, the Auditor General, and
28 the Office of Program Policy Analysis and Government
29 Accountability shall be confidential and exempt from the
30 provisions of s. 119.07(1).
31
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1 (6) FACILITIES.--In addition to issuance of
2 indebtedness pursuant to s. 240.2093(2), each direct-support
3 organization may is authorized to enter into agreements to
4 finance, design and construct, lease, lease-purchase,
5 purchase, or operate facilities necessary and desirable to
6 serve the needs and purposes of the university or college, as
7 determined by the systemwide strategic plan adopted by the
8 State Board of Education Board of Regents, upon approval of
9 such agreements by the State Board of Education Board of
10 Regents and approval of the project by the Legislature. Such
11 agreements are subject to the provisions of s. 243.151.
12 (7) ANNUAL BUDGETS AND REPORTS.--Each direct-support
13 organization shall submit to the university president and the
14 State Board of Education Board of Regents its federal Internal
15 Revenue Service Application for Recognition of Exemption form
16 (Form 1023) and its federal Internal Revenue Service Return of
17 Organization Exempt from Income Tax form (Form 990).
18 Section 97. Notwithstanding subsection (7) of section
19 3 of chapter 2000-321, Laws of Florida, section 240.2995,
20 Florida Statutes, shall not stand repealed January 7, 2003, as
21 scheduled by that law, but that section is reenacted and
22 amended to read:
23 240.2995 University and college health services
24 support organizations.--
25 (1) Each state university and college board of
26 trustees may is authorized to establish university and college
27 health services support organizations that which shall have
28 the ability to enter into, for the benefit of the university
29 or college academic health sciences center, arrangements with
30 other entities as providers in other integrated health care
31 systems or similar entities. To the extent required by law or
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1 rule, university and college health services support
2 organizations shall become licensed as insurance companies,
3 pursuant to chapter 624, or be certified as health maintenance
4 organizations, pursuant to chapter 641. University and
5 college health services support organizations shall have sole
6 responsibility for the acts, debts, liabilities, and
7 obligations of the organization. In no case shall the state,
8 college, or university have any responsibility for such acts,
9 debts, liabilities, and obligations incurred or assumed by
10 university or college health services support organizations.
11 (2) Each university and college health services
12 support organization shall be a Florida corporation not for
13 profit, incorporated under the provisions of chapter 617 and
14 approved by the Department of State.
15 (3) The State Board of Education Board of Regents may
16 prescribe, by rule, conditions with which a university or
17 college health services support organization must comply in
18 order to be certified. Each university and college board of
19 trustees may adopt rules providing the conditions with which a
20 university or college health support organization must comply
21 in order and to use property, facilities, or personal services
22 at the any state university or college. The rules must provide
23 for budget, audit review, and oversight by the State Board of
24 Education Board of Regents. Such rules shall provide that the
25 university or college health services support organization may
26 provide salary supplements and other compensation or benefits
27 for university or college faculty and staff employees only as
28 set forth in the organization's budget, which is shall be
29 subject to approval by the university or college president.
30 (4) Each university and college board of trustees The
31 chair of the Board of Regents may appoint a representative to
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1 the board of directors and the executive committee of any
2 university or college health services support organization
3 established under this section. The president of the
4 university or college for which the university or college
5 health services support organization is established, or the
6 president's designee, shall also serve on the board of
7 directors and the executive committee of any university or
8 college health services support organization established to
9 benefit that university or college.
10 (5) Each university and college health services
11 support organization shall provide for an annual financial
12 audit in accordance with s. 240.299(5) s. 240.299(4). The
13 auditor's report, management letter, and any supplemental data
14 requested by the State Board of Education Board of Regents and
15 the Auditor General are shall be considered public records,
16 pursuant to s. 119.07.
17 Section 98. Notwithstanding subsection (7) of section
18 3 of chapter 2000-321, Laws of Florida, section 240.2996,
19 Florida Statutes, shall not stand repealed January 7, 2003, as
20 scheduled by that law, but that section is reenacted and
21 amended to read:
22 240.2996 University and college health services
23 support organization; confidentiality of information.--
24 (1) All meetings of a governing board of a university
25 or college health services support organization and all
26 university and college health services support organization
27 records shall be open and available to the public in
28 accordance with s. 286.011 and s. 24(b), Art. I of the State
29 Constitution and chapter 119 and s. 24(a), Art. I of the State
30 Constitution, respectively, unless made confidential or exempt
31 by law. Records required by the Department of Insurance to
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1 discharge its duties shall be made available to the department
2 upon request.
3 (2) The following university health services support
4 organization's records and information of a university or
5 college health services support organization are confidential
6 and exempt from the provisions of s. 119.07(1) and s. 24(a),
7 Art. I of the State Constitution:
8 (a) Contracts for managed care arrangements under
9 which the university or college health services support
10 organization provides health care services, preferred provider
11 organization contracts, health maintenance organization
12 contracts, alliance network arrangements, and exclusive
13 provider organization contracts, and any documents directly
14 relating to the negotiation, performance, and implementation
15 of any such contracts for managed care arrangements or
16 alliance network arrangements. As used in this paragraph, the
17 term "managed care" means systems or techniques generally used
18 by third-party payors or their agents to affect access to and
19 control payment for health care services. Managed-care
20 techniques most often include one or more of the following:
21 prior, concurrent, and retrospective review of the medical
22 necessity and appropriateness of services or site of services;
23 contracts with selected health care providers; financial
24 incentives or disincentives related to the use of specific
25 providers, services, or service sites; controlled access to
26 and coordination of services by a case manager; and payor
27 efforts to identify treatment alternatives and modify benefit
28 restrictions for high-cost patient care.
29 (b) Each university and college health services
30 support organization's marketing plan the disclosure of which
31 may reasonably be expected by the organization's governing
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1 board to be used by a competitor or an affiliated provider of
2 the organization to frustrate, circumvent, or exploit the
3 purposes of the plan before it is implemented and which is not
4 otherwise known or cannot be legally obtained by a competitor
5 or an affiliated provider. However, documents that are
6 submitted to the organization's governing board as part of the
7 board's approval of the organization's budget, and the budget
8 itself, are not confidential and exempt.
9 (c) Trade secrets, as defined in s. 688.002, including
10 reimbursement methodologies and rates.
11 (d) The records of the peer review panels, committees,
12 governing board, and agents of the university or college
13 health services support organization which relate solely to
14 the evaluation of health care services and professional
15 credentials of health care providers and physicians employed
16 by or providing services under contract to the university or
17 college health services support organization. The exemptions
18 created by this paragraph shall not be construed to impair any
19 otherwise established rights of an individual health care
20 provider to inspect documents concerning the determination of
21 such provider's professional credentials.
22 (3) Any portion of a governing board or peer review
23 panel or committee meeting during which a confidential and
24 exempt contract, document, record, marketing plan, or trade
25 secret, as provided for in subsection (2), is discussed is
26 exempt from the provisions of s. 286.011 and s. 24(b), Art. I
27 of the State Constitution.
28 (4) Those portions of any public record, such as a
29 tape recording, minutes, and notes, generated during that
30 portion of a governing board or peer review panel or committee
31 meeting which is closed to the public pursuant to this
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1 section, which contain information relating to contracts,
2 documents, records, marketing plans, or trade secrets which
3 are made confidential and exempt by this section, are
4 confidential and exempt from the provisions of s. 119.07(1)
5 and s. 24(a), Art. I of the State Constitution.
6 (5) The exemptions from s. 119.07(1) and s. 24(a),
7 Art. I of the State Constitution and s. 286.011 and s. 24(b),
8 Art. I of the State Constitution provided in this section do
9 not apply if the governing board of a university or college
10 health services support organization votes to lease, sell, or
11 transfer all or any substantial part of the facilities or
12 property of the university or college health services support
13 organization to a nonpublic entity.
14 (6) Any person may petition a court of competent
15 jurisdiction for an order for the public release of those
16 portions of any public record, such as a tape recording,
17 minutes, or notes, generated during that portion of a
18 governing board meeting which is closed to the public pursuant
19 to subsection (3), which record is made confidential and
20 exempt by subsection (4). Any action pursuant to this
21 subsection must be brought in the county where the principal
22 office of the university or college health services support
23 organization is located, as reflected in the records of the
24 custodian of state records Secretary of State. In any order
25 for the public release of a record pursuant to this
26 subsection, the court shall make a finding that a compelling
27 public interest is served by the release of the record or
28 portions thereof which exceeds the public necessity for
29 maintaining the confidentiality of such record as described in
30 s. 2, chapter 96-171, Laws of Florida, and that the release of
31 the record will not cause damage to or adversely affect the
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1 interests of private persons, business entities, the
2 university or college health services support organization, or
3 the affiliated university or college.
4 (7) Those portions of any public record, such as a
5 tape recording, minutes, or notes, generated during that
6 portion of a governing board meeting at which negotiations for
7 contracts for managed-care arrangements occur, are reported
8 on, or are acted on by the governing board, which record is
9 made confidential and exempt by subsection (4), shall become
10 public records 2 years after the termination or completion of
11 the term of the contract to which such negotiations relate or,
12 if no contract was executed, 2 years after the termination of
13 the negotiations. Notwithstanding paragraph (2)(a) and
14 subsection (4), a university or college health services
15 support organization must make available, upon request, the
16 title and general description of a contract for managed-care
17 arrangements, the names of the contracting parties, and the
18 duration of the contract term. All contracts for managed-care
19 arrangements which are made confidential and exempt by
20 paragraph (2)(a), except those portions of any contract
21 containing trade secrets which are made confidential and
22 exempt by paragraph (2)(c), shall become public 2 years after
23 the termination or completion of the term of the contract.
24 (8) A university or college health services support
25 organization may petition a court of competent jurisdiction to
26 continue the confidentiality of any public record made
27 nonconfidential by this section, upon a showing of good cause.
28 In determining good cause, the court shall balance the
29 property, privacy, and economic interests of any affected
30 person or business entity with those of the university or
31 college health services support organization and with the
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1 public interest and must make a finding that a substantial
2 public interest is served by the continued confidentiality of
3 the public record for an additional time period. The length of
4 time for this continued exemption may be no longer than is
5 necessary to protect that substantial public interest.
6 (9) This act does not preclude discovery of records
7 and information that are otherwise discoverable under the
8 Florida Rules of Civil Procedure or any statutory provision
9 allowing discovery or presuit disclosure of such records and
10 information for the purpose of civil actions.
11 Section 99. Subsection (14) of section 240.2997,
12 Florida Statutes, is amended to read:
13 240.2997 Florida State University College of
14 Medicine.--
15 (14) INDEMNIFICATION FROM LIABILITY.--This section
16 shall be construed to authorize the Florida State University,
17 for and on behalf of the Board of Regents, to negotiate and
18 purchase policies of insurance to indemnify from any liability
19 those individuals or entities providing sponsorship or
20 training to the students of the medical school, professionals
21 employed by the medical school, and students of the medical
22 school.
23 Section 100. Notwithstanding subsection (7) of section
24 3 of chapter 2000-321, Laws of Florida, section 240.301,
25 Florida Statutes, shall not stand repealed January 7, 2003, as
26 scheduled by that law, but that section is reenacted and
27 amended to read:
28 240.301 Community colleges; definition, mission, and
29 responsibilities.--
30 (1) State community colleges shall consist of all
31 public educational institutions operated by community college
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1 district boards of trustees under the law statutory authority
2 and rules of the State Board of Education and the State Board
3 of Community Colleges. A community college may provide adult
4 education services, including adult basic education, adult
5 general education, adult secondary education, and general
6 educational development test instruction. The state community
7 colleges are locally based and governed entities with
8 statutory and funding ties to state government. As such, the
9 community colleges' mission reflects a commitment to be
10 responsive to local educational needs and challenges. In
11 achieving this mission, the community colleges shall strive to
12 maintain sufficient local authority and flexibility while
13 preserving appropriate legal accountability to the state.
14 (2) As comprehensive institutions, the community
15 colleges shall provide high-quality, affordable education and
16 training opportunities, shall foster a climate of excellence,
17 and shall provide opportunities to all while combining high
18 standards with an open-door admission policy. The community
19 colleges shall, as open-access institutions, serve all who can
20 benefit, without regard to age, race, gender, creed, or ethnic
21 or economic background, while emphasizing the achievement of
22 social and educational equity so that all can be prepared for
23 full participation in society.
24 (3) The primary mission and responsibility of public
25 community colleges is responding to community needs for
26 postsecondary academic education and degree career education.
27 This mission and responsibility includes being responsible
28 for:
29 (a) Providing lower level undergraduate instruction
30 and awarding associate degrees, and providing upper-level
31
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1 instruction and awarding baccalaureate degrees as specifically
2 authorized by law.
3 (b) Preparing students directly for vocations
4 requiring less than baccalaureate degrees. This may include
5 preparing for job entry, supplementing of skills and
6 knowledge, and responding to needs in new areas of technology.
7 Career education in the community college shall consist of
8 certificate career education programs leading to certificates
9 for occupational completion points, credit courses leading to
10 associate in science degrees and associate in applied
11 technology degrees, and other programs in fields requiring
12 substantial academic work, background, or qualifications. A
13 community college may offer vocational programs in fields
14 having lesser academic or technical requirements.
15 (c) Providing student development services, including
16 assessment, student tracking, support for disabled students,
17 advisement, counseling, financial aid, career development, and
18 remedial and tutorial services, to ensure student success.
19 (d) Promoting economic development for the state
20 within each community college district through the provision
21 of special programs, including, but not limited to, the:
22 1. Enterprise Florida-related programs.
23 2. Technology transfer centers.
24 3. Economic development centers.
25 4. Workforce literacy programs.
26 (4) A separate and secondary role for community
27 colleges includes the offering of programs in:
28 (a) Community services that which are not directly
29 related to academic or occupational advancement.
30 (b) Adult general education.
31 (c) Recreational and leisure services.
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1 (5) Funding for community colleges shall reflect their
2 mission as follows:
3 (a) Postsecondary academic and vocational education
4 programs and adult general education programs shall have first
5 priority in community college funding.
6 (b) Community service programs shall be presented to
7 the Legislature with rationale for state funding. The
8 Legislature may identify priority areas for use of these
9 funds.
10 (6) Community colleges are authorized to offer such
11 programs and courses as are necessary to fulfill their mission
12 and are authorized to grant associate in arts degrees,
13 associate in science degrees, associate in applied science
14 degrees, certificates, awards, and diplomas. Each community
15 college is also authorized to provide access to baccalaureate
16 degrees through concurrent-use partnerships or through
17 offering a limited number of baccalaureate degrees as
18 authorized by law, and to make provisions for the general
19 educational development examination.
20 Section 101. Notwithstanding subsection (7) of section
21 3 of chapter 2000-321, Laws of Florida, section 240.303,
22 Florida Statutes, shall not stand repealed January 7, 2003, as
23 scheduled by that law, but that section is reenacted and
24 amended to read:
25 240.303 "Community college" and "junior college" used
26 interchangeably.--Whenever The terms term "community college"
27 and "junior college," as used appears in the Florida Statutes
28 in reference to a tax-supported institution, have the same
29 meaning. it shall be construed to mean a "junior college."
30 Section 102. Notwithstanding subsection (7) of section
31 3 of chapter 2000-321, Laws of Florida, section 240.3031,
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1 Florida Statutes, shall not stand repealed January 7, 2003, as
2 scheduled by that law, but that section is reenacted and
3 amended to read:
4 240.3031 Florida community colleges College System
5 defined.--Florida's The Florida community colleges College
6 System shall consist of the following:
7 (1) The State Board of Community Colleges of the
8 Division of Community Colleges of the Department of Education.
9 (1)(2) Brevard Community College.
10 (2)(3) Broward Community College.
11 (3)(4) Central Florida Community College.
12 (4)(5) Chipola Junior College.
13 (5)(6) Daytona Beach Community College.
14 (6)(7) Edison Community College.
15 (7)(8) Florida Community College at Jacksonville.
16 (8)(9) Florida Keys Community College.
17 (9)(10) Gulf Coast Community College.
18 (10)(11) Hillsborough Community College.
19 (11)(12) Indian River Community College.
20 (12)(13) Lake City Community College.
21 (13)(14) Lake-Sumter Community College.
22 (14)(15) Manatee Community College.
23 (15)(16) Miami-Dade Community College.
24 (16)(17) North Florida Community College.
25 (17)(18) Okaloosa-Walton Community College.
26 (18)(19) Palm Beach Community College.
27 (19)(20) Pasco-Hernando Community College.
28 (20)(21) Pensacola Junior College.
29 (21)(22) Polk Community College.
30 (22)(23) St. Johns River Community College.
31 (23)(24) St. Petersburg Junior College.
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1 (24)(25) Santa Fe Community College.
2 (25)(26) Seminole Community College.
3 (26)(27) South Florida Community College.
4 (27)(28) Tallahassee Community College.
5 (28)(29) Valencia Community College.
6 Section 103. Sections 240.305 and 240.309, Florida
7 Statutes; section 240.311, Florida Statutes, as amended by
8 section 34 of chapter 2001-170 and section 77 of chapter
9 2001-266, Laws of Florida; and section 240.3115, Florida
10 Statutes, are repealed.
11 Section 104. Notwithstanding subsection (7) of section
12 3 of chapter 2000-321, Laws of Florida, section 240.312,
13 Florida Statutes, shall not stand repealed January 7, 2003, as
14 scheduled by that law, but that section is reenacted and
15 amended to read:
16 240.312 Community colleges; program review.--The
17 director of the Division of Community Colleges shall develop
18 guidelines for the review of all academic programs in
19 community colleges. Program reviews, to be conducted in
20 conjunction with the Council for Education Policy Research and
21 Improvement, shall document how individual programs are
22 achieving stated learning and program objectives within the
23 context of the institution's mission. The results of the
24 program reviews shall inform the strategic planning, program
25 development, and budgeting decisions at the institutional
26 level. Program reviews for the community college system shall
27 be coordinated with the Postsecondary Education Planning
28 Commission every year. Every major program shall be reviewed
29 every 5 years or whenever the effectiveness or efficiency of a
30 program is jeopardized, except that certificate career
31 education programs and programs leading to an associate in
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1 science degree shall be reviewed every 3 years. Indicators of
2 quality and criteria for the program reviews shall be defined.
3 The results of these program reviews shall be tied to the
4 budget request for the community college system.
5 Section 105. Notwithstanding subsection (7) of section
6 3 of chapter 2000-321, Laws of Florida, section 240.313,
7 Florida Statutes, shall not stand repealed January 7, 2003, as
8 scheduled by that law, but that section is reenacted and
9 amended to read:
10 240.313 Community college districts; establishment and
11 organization of boards of trustees.--
12 (1) Each community college district authorized by law
13 and the Department of Education is an independent, separate,
14 legal entity created for the operation of a community college.
15 The district board of trustees, the community college
16 district, and the community college are one and the same legal
17 entity, a political subdivision of the state, for all purposes
18 under this section, including, without limitation, the
19 ownership of property and the transaction of business.
20 (2) Community college district boards of trustees
21 shall be comprised of five members when a community college
22 district is confined to one school board district; seven
23 members when a community college district is confined to one
24 school board district and the district board of trustees so
25 elects; and not more than nine members when the district
26 contains two or more school board districts, as provided by
27 regulations of the State Board of Education. However, Florida
28 Community College at Jacksonville shall have an odd number of
29 trustees.
30 (3) Trustees shall be appointed by the Governor,
31 approved by four members of the State Board of Education, and
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1 confirmed by the Senate in regular session; however, an no
2 appointee shall take office on an interim basis pending Senate
3 action until such action or the end of the next regular
4 session, whichever occurs earlier. after his or her
5 appointment has been approved by four members of the State
6 Board of Education; further, the State Board of Education
7 shall develop rules and procedures for review and approval of
8 the appointees. Prior to the time the Governor appoints any
9 member of any community college district board of trustees,
10 the school board or boards in the community college district
11 may submit to the Governor for his or her consideration the
12 names of two or more persons for each office.
13 (4) Members of the district board of trustees shall
14 receive no salary but may receive reimbursement for expenses
15 as provided in s. 112.061, including mileage to and from
16 official board meetings.
17 (5) At its first regular meeting after July 1 of each
18 year, each district board of trustees shall organize by
19 electing a chair, whose duty as such is to preside at all
20 meetings of the district board, to call special meetings
21 thereof, and to attest to actions of the district board, and a
22 vice chair, whose duty as such is to act as chair during the
23 absence or disability of the elected chair. It is the further
24 duty of the chair of each district board of trustees to notify
25 the Governor, in writing, whenever a board member fails to
26 attend three consecutive regular district board meetings in
27 any one fiscal year, which absences may be grounds for
28 removal.
29 (6) A community college president shall be the
30 executive officer and corporate secretary of the district
31 board of trustees as well as the chief administrative officer
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1 of the community college, and all the components of the
2 institution and all aspects of its operation are responsible
3 to the district board of trustees through the president.
4 (7) The district board of trustees shall have the
5 power to take action without a recommendation from the
6 president and shall have the power to require the president to
7 deliver to the district board all data and information
8 required by the district board in the performance of its
9 duties.
10 Section 106. Notwithstanding subsection (7) of section
11 3 of chapter 2000-321, Laws of Florida, section 240.315,
12 Florida Statutes, shall not stand repealed January 7, 2003, as
13 scheduled by that law, but that section is reenacted and
14 amended to read:
15 240.315 Community college district board of trustees;
16 board to constitute a corporation.--Each community college
17 district board of trustees is constituted a body corporate by
18 the name of "The District Board of Trustees of ...(name of
19 community college)..., Florida." with all powers of a body
20 corporate, including a corporate seal, the power to contract
21 and be contracted with, to sue and be sued, to plead and be
22 impleaded in all courts of law or equity, and to give and
23 receive donations. In all suits against a district board,
24 service of process shall be made on the chair of the district
25 board or, in the absence of the chair, on another member of
26 the district board.
27 Section 107. Notwithstanding subsection (7) of section
28 3 of chapter 2000-321, Laws of Florida, section 240.317,
29 Florida Statutes, shall not stand repealed January 7, 2003, as
30 scheduled by that law, but that section is reenacted and
31 amended to read:
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1 240.317 Community colleges; legislative intent.--It is
2 the legislative intent that community colleges, constituted as
3 political subdivisions of the state, continue to be operated
4 by district boards of trustees as provided in s. 240.315 and
5 that no department, bureau, division, agency, or subdivision
6 of the state exercise any responsibility and authority to
7 operate any community college of the state except as
8 specifically provided by law or rules of the State Board of
9 Education and State Board of Community Colleges.
10 Section 108. Section 240.318, Florida Statutes, is
11 created to read:
12 240.318 Community college presidents; powers and
13 duties.--
14 (1) The president is the chief executive officer of
15 the community college, shall be corporate secretary of the
16 community college district board of trustees, and is
17 responsible for the operation and administration of the
18 community college. Consistent with the law, the mission of the
19 community college, the rules of the State Board of Education,
20 and the rules of the community college district boards of
21 trustees, each community college president shall:
22 (a) Recommend the adoption of rules to the community
23 college district board of trustees to implement provisions of
24 law governing the operation and administration of the
25 community college, which shall include the specific powers and
26 duties enumerated in this section.
27 (b) Prepare a budget request and an operating budget
28 for approval by the community college district board of
29 trustees.
30 (c) Administer the community college personnel
31 program, including, but not limited to, recruiting,
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1 appointing, transferring, promoting, compensating, evaluating,
2 rewarding, demoting, disciplining, suspending, and removing
3 personnel.
4 (d) Govern admissions.
5 (e) Approve, execute, and administer contracts for and
6 on behalf of the community college district board of trustees
7 for the acquisition of commodities, goods, licenses,
8 equipment, services, leases of real and personal property, and
9 planning and construction to be rendered to or by the
10 community college. Any contract exceeding $1 million must be
11 approved by the community college district board of trustees
12 before the contract is entered. Community college presidents
13 shall comply with s. 287.055 for the procurement of
14 professional services. For purposes of a community college
15 president's contracting authority, a continuing contract for
16 professional services under s. 287.055 is one in which
17 construction costs do not exceed $1 million or the fee for
18 study activity does not exceed $100,000.
19 (f) Manage the property and other resources of the
20 community college.
21 (g) Establish the academic calendar of the community
22 college.
23 (h) Administer the community college's program of
24 intercollegiate athletics.
25 (i) Recommend to the community college district board
26 of trustees the establishment and termination of degree and
27 other programs.
28 (j) Award degrees.
29 (k) Recommend to the community college district board
30 of trustees a schedule of tuition and fees to be charged by
31
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1 the community college, within law and rules of the State Board
2 of Education.
3 (l) Review periodically the operations of the
4 community college in order to determine how effectively and
5 efficiently the community college is being administered and
6 whether it is meeting the goals of its strategic plan adopted
7 by the State Board of Education.
8 (m) Enter into agreements for student exchange
9 programs which involve students at the community college and
10 students in other institutions of higher learning.
11 (n) Provide purchasing, contracting, and budgetary
12 review processes for student government organizations.
13 (o) Ensure compliance with federal and state laws,
14 rules, and other requirements that are applicable to the
15 community college.
16 (p) Maintain all data and information pertaining to
17 the operation of the community college, and report on the
18 attainment by the community college of institutional and
19 statewide performance accountability goals.
20 (q) Administer matters relating to students such as
21 classification, attendance, progress, student accounts,
22 discipline, suspension, expulsion, and graduation, subject to
23 the law, the rules of the State Board of Education, and the
24 rules of the community college district boards of trustees.
25 (r) Ensure compliance with s. 286.011. Upon a
26 determination by a court of a second violation of s. 286.011
27 by a community college president, the community college
28 president is subject to removal for cause. Upon a
29 determination by a court that a community college president
30 has knowingly violated s. 286.011, the community college
31 president shall be removed. The community college district
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1 board of trustees shall appoint a new president pursuant to s.
2 240.319. The penalties imposed by this subsection are
3 cumulative to the penalties imposed under s. 286.011.
4 Violations of s. 286.011 prior to the enactment of this
5 paragraph do not constitute violations for purposes of this
6 subsection.
7 (2) For purposes of this chapter, the powers, duties,
8 and authority vested with a community college are vested with
9 the president of the community college or his or her designee.
10 Unless expressly prohibited by law, rule of the State Board of
11 Education, or rule of the community college district board of
12 trustees, each community college president may delegate any
13 power, duty, or authority vested in the president by law, rule
14 of the State Board of Education, or rule of the community
15 college district board of trustees.
16 Section 109. Notwithstanding subsection (7) of section
17 3 of chapter 2000-321, Laws of Florida, section 240.319,
18 Florida Statutes, shall not stand repealed January 7, 2003, as
19 scheduled by that law, but that section is reenacted and
20 amended to read:
21 240.319 Community college district boards of trustees;
22 duties and powers.--
23 (1) Each community college district board of trustees
24 is vested with the responsibility to govern and set policy for
25 operate its respective community college and with such
26 necessary authority as is needed for the proper operation and
27 improvement thereof in accordance with rules of the State
28 Board of Education and State Board of Community Colleges.
29 (2) The district board of trustees, after considering
30 recommendations submitted by the community college president,
31 may has authority to adopt rules pursuant to ss. 120.536(1)
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1 and 120.54 to implement the provisions of law conferring
2 duties upon it. These rules may supplement those prescribed
3 by the State Board of Education and the State Board of
4 Community Colleges if they will contribute to the more orderly
5 and efficient operation of the Florida Community College
6 System.
7 (3) Each community college district board of trustees
8 is specifically authorized to adopt rules that are related to
9 its mission and, procedures, and policies, consistent with law
10 and the rules of the State Board of Education. Unless
11 expressly prohibited by law, each community college district
12 board of trustees may delegate any power, duty, or authority
13 vested in the district board of trustees, in whole or in part,
14 to its respective president. and State Board of Community
15 Colleges, related to its mission and responsibilities as set
16 forth in s.