Senate Bill sb1564c2
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Florida Senate - 2002 CS for CS for SB 1564
By the Committees on Governmental Oversight and Productivity;
Education; and Senator Villalobos
302-2333-02
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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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.
15
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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 CS for SB 1564
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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 CS for SB 1564
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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 CS for SB 1564
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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 CS for SB 1564
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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 providing for the designation of fees for
25
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Florida Senate - 2002 CS for CS for SB 1564
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1 technology improvement; authorizing a district
2 board to establish separate fees; reenacting s.
3 240.353, F.S., relating to a procedure for
4 determining the number of instruction units;
5 reenacting and amending s. 240.3575, F.S.,
6 relating to economic development centers;
7 authorizing the State Board of Education to
8 award grants; reenacting and amending s.
9 240.359, F.S., relating to state financial
10 support and annual apportionment of funds;
11 eliminating provisions providing for funding
12 programs for disabled students; conforming
13 provisions to changes made by the act;
14 reenacting and amending s. 240.36, F.S.;
15 renaming the Dr. Philip Benjamin Academic
16 Improvement Program for Community Colleges;
17 consolidating current matching grant programs;
18 establishing guidelines for contributions;
19 revising the allocation process; reenacting and
20 amending s. 240.361, F.S., relating to budgets
21 for community colleges; requiring the Division
22 of Community Colleges to review budgets;
23 reenacting and amending s. 240.363, F.S.,
24 relating to financial accounting and
25 expenditures; requiring the State Board of
26 Education to adopt rules; authorizing a
27 district board of trustees to adopt rules for
28 transferring funds to direct-support
29 organizations; reenacting s. 240.364, F.S.,
30 relating to prohibited expenditures; reenacting
31 s. 240.365, F.S., relating to delinquent
26
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Florida Senate - 2002 CS for CS for SB 1564
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1 accounts; reenacting and amending s. 240.367,
2 F.S., relating to current loans to community
3 college district boards of trustees;
4 transferring approval power from the Department
5 of Education to the State Board of Education;
6 reenacting s. 240.369, F.S., relating to an
7 exemption provided for community colleges from
8 regulation by a county civil service
9 commission; reenacting s. 240.371, F.S.,
10 relating to the transfer of benefits arising
11 under local or special acts; reenacting and
12 amending s. 240.375, F.S., relating to costs
13 for civil actions against officers, employees,
14 or agents of district boards of trustees;
15 providing that failure of a board to take
16 certain actions does not constitute a cause of
17 action against the board; reenacting and
18 amending s. 240.376, F.S.; providing
19 responsibilities of a board of trustees with
20 respect to property held for the benefit of the
21 community colleges; reenacting and amending s.
22 240.3763, F.S.; providing requirements for a
23 district board of trustees with respect to
24 self-insurance services; reenacting and
25 amending s. 240.377, F.S.; clarifying the
26 authority of a district board of trustees over
27 the budget for promotions and public relations;
28 reenacting s. 240.379, F.S., relating to the
29 applicability of certain laws to community
30 colleges; reenacting and amending s. 240.38,
31 F.S., relating to community college police;
27
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Florida Senate - 2002 CS for CS for SB 1564
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1 defining the term "campus"; eliminating
2 requirements that certain personnel rules
3 conform to the Career Service System;
4 reenacting s. 240.3815, F.S., relating to
5 reporting campus crime statistics; reenacting
6 and amending s. 240.382, F.S., relating to
7 child development training centers; conforming
8 provisions to changes made by the act;
9 reenacting and amending s. 240.383, F.S.,
10 relating to the State Community College
11 Facility Enhancement Challenge Grant Program;
12 conforming provisions to changes made by the
13 act; reenacting and amending s. 240.3836, F.S.,
14 relating to site-determined baccalaureate
15 access; specifying duties of the State Board of
16 Education; reenacting and amending s. 240.384,
17 F.S., relating to training school consolidation
18 pilot projects; providing for the State Board
19 of Education to make certain budget requests
20 with respect to a project; redesignating part
21 IV of ch. 240, F.S., as "State-funded Student
22 Assistance"; reenacting s. 240.40, F.S.,
23 relating to the State Student Financial
24 Assistance Trust Fund; reenacting and amending
25 s. 240.4015, F.S.; redesignating the Florida
26 Merit Scholarship Program as the Florida
27 Medallion Scholarship Program; reenacting and
28 amending s. 240.40201, F.S.; revising the
29 eligibility period for the Florida Bright
30 Futures Scholarship Program; conforming
31 provisions to changes made by the act;
28
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Florida Senate - 2002 CS for CS for SB 1564
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1 reenacting and amending ss. 240.40202,
2 240.40203, 240.40204, F.S.; revising
3 eligibility requirements for the Florida Bright
4 Futures Scholarship Program; revising
5 application dates; requiring certain reports
6 concerning a high school student's progress
7 toward eligibility for an award; providing for
8 initial acceptance of a scholarship to conform
9 to changes made by the act; prohibiting awards
10 to students earning credit hours designated at
11 the postbaccalaureate level; eliminating
12 obsolete provisions; reenacting and amending
13 ss. 240.40205, 240.40206, 240.40207, F.S.,
14 relating to Florida Academic Scholars awards;
15 conforming provisions to changes made by the
16 act; eliminating obsolete provisions; providing
17 for the calculation of awards; repealing s.
18 240.40208, F.S., relating to a transition from
19 certain scholarships to the Bright Futures
20 Program; reenacting and amending s. 240.40209,
21 F.S.; requiring that awards be calculated using
22 fees prescribed by the Department of Education;
23 reenacting s. 240.40242, F.S., relating to the
24 use of criteria under the Bright Futures
25 Program for scholarships for children of
26 deceased or disabled veterans; reenacting and
27 amending s. 240.404, F.S.; revising eligibility
28 requirements for state-funded student
29 assistance; conforming provisions to changes
30 made by the act; reenacting and amending s.
31 240.40401, F.S.; revising requirements for
29
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Florida Senate - 2002 CS for CS for SB 1564
302-2333-02
1 developing the state-funded student assistance
2 database; reenacting ss. 240.4041, 240.4042,
3 F.S., relating to state financial aid for
4 students with a disability and the appeal
5 process for financial aid; creating s.
6 240.4043, F.S.; providing state-funded fee
7 waivers for certain students at state
8 universities, public postsecondary education
9 institutions, technical centers, and community
10 colleges; reenacting and amending s. 240.405,
11 F.S.; providing for state-funded assistance for
12 school employees; requiring that the Department
13 of Education administer the program; providing
14 for loan repayments and tuition reimbursement
15 of college expenses for students who are
16 employed in areas of certain critical
17 shortages; providing for a loan forgiveness
18 program; providing for a grant program;
19 providing for a minority teacher education
20 scholars program; providing eligibility
21 requirements; repealing ss. 240.4063, 240.4064,
22 240.4065, F.S., relating to the Florida Teacher
23 Scholarship and Forgivable Loan Program, the
24 Critical Teacher Shortage Tuition Reimbursement
25 Program, and the Critical Teacher Shortage
26 Program; reenacting s. 240.4067, F.S., relating
27 to the Medical Education Reimbursement and Loan
28 Repayment Program; repealing s. 240.40685,
29 F.S., relating to the Certified Education
30 Paraprofessional Welfare Transition Program;
31 reenacting and amending s. 240.4069, F.S.,
30
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Florida Senate - 2002 CS for CS for SB 1564
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1 relating to the Virgil Hawkins Fellows
2 Assistance Program; providing for the
3 fellowship to be available to minority students
4 enrolled at all public law schools in the
5 state; conforming provisions to changes made by
6 the act; reenacting ss. 240.4075, 240.4076,
7 F.S., relating to the Nursing Student Loan
8 Forgiveness Program and the nursing scholarship
9 program; repealing s. 240.4082, F.S., relating
10 to the Teacher/Quest Scholarship Program;
11 reenacting and amending s. 240.409, F.S.;
12 providing for a Student Assistance Grant
13 Program; incorporating provisions governing
14 certain need-based student grants; revising the
15 eligibility period for certain state-funded,
16 need-based student assistance programs;
17 conforming provisions to changes made by the
18 act; requiring the State Board of Education to
19 adopt rules; repealing ss. 240.4095, 240.4097,
20 F.S., relating to the Florida Private Student
21 Assistance Grant Program and the Florida
22 Postsecondary Student Assistance Grant Program;
23 reenacting and amending s. 240.4098, F.S.;
24 providing requirements for state-funded student
25 assistance; repealing s. 240.40985, F.S.,
26 relating to Elderly Education Program Grants;
27 reenacting and amending s. 240.412, F.S.,
28 relating to the Jose Marti Scholarship
29 Challenge Grant Program; revising eligibility
30 requirements; reenacting s. 240.4125, F.S.,
31 relating to the Mary McLeod Bethune Scholarship
31
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Florida Senate - 2002 CS for CS for SB 1564
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1 Program; reenacting and amending s. 240.4126,
2 F.S.; authorizing certain scholarships under
3 the Rosewood Family Scholarship Program;
4 reenacting s. 240.4128, F.S., relating to the
5 minority teacher education scholars program;
6 reenacting and amending s. 240.4129, F.S.;
7 revising the appointment of members to the
8 Florida Fund for Minority Teachers, Inc., to
9 conform to changes made by the act; reenacting
10 and amending s. 240.413, F.S., relating to the
11 Seminole and Miccosukee Indian Scholarships;
12 revising eligibility requirements; repealing
13 ss. 240.414, 240.4145, 240.4146, 240.417, F.S.,
14 relating to the Latin American and Caribbean
15 Basin Scholarship Program, the African and
16 Afro-Caribbean Scholarship Program, the
17 Nicaraguan and Haitian Scholarship Program, and
18 increased registration or tuition fees for
19 funding financial aid programs; reenacting s.
20 240.418, F.S., relating to need-based financial
21 aid; reenacting and amending s. 240.421, F.S.;
22 creating the Florida Advisory Council for
23 State-Funded Student Assistance; conforming
24 provisions to changes made in the act;
25 reenacting and amending s. 240.424, F.S.;
26 revising duties of the Department of Education
27 to conform to changes made in the act;
28 reenacting ss. 240.429, 240.431, F.S., relating
29 to certain activities of the department and
30 funding; reenacting and amending s. 240.437,
31 F.S.; providing for developing and
32
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Florida Senate - 2002 CS for CS for SB 1564
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1 administering state-funded student assistance;
2 reenacting ss. 240.439, 240.441, 240.447,
3 240.449, 240.451, 240.453, 240.457, 240.459,
4 240.4595, 240.461, 240.463, F.S., relating to
5 the Student Loan Program; reenacting and
6 amending s. 240.465, F.S., relating to the
7 handling of delinquent accounts by the
8 Department of Education; reenacting ss. 240.47,
9 240.471, 240.472, 240.473, 240.474, 240.475,
10 240.476, 240.477, 240.478, 240.479, 240.48,
11 240.481, 240.482, 240.483, 240.484, 240.485,
12 240.486, 240.487, 240.488, 240.489, 240.49,
13 240.491, 240.492, 240.493, 240.494, 240.495,
14 240.496, 240.497, F.S., relating to the Florida
15 Higher Education Loan Act; reenacting s.
16 240.4975, F.S., relating to the authority of
17 the State Board of Administration to borrow and
18 lend funds to finance student loans; reenacting
19 and amending s. 240.498, F.S.; revising
20 requirements for appointing members to the
21 board of the Florida Education Fund; repealing
22 s. 240.4986, F.S., relating to the Health Care
23 Education Quality Enhancement Challenge Grant
24 Program for Community Colleges; reenacting and
25 amending s. 240.4987, F.S.; expanding the
26 institutions participating in the Florida
27 Minority Medical Education Program; reenacting
28 ss. 240.4988, 240.4989, F.S., relating to the
29 Theodore R. and Vivian M. Johnson Scholarship
30 Program and educational leadership enhancement
31 grants; creating s. 240.499, F.S.; providing
33
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Florida Senate - 2002 CS for CS for SB 1564
302-2333-02
1 for the William L. Boyd, IV, Florida resident
2 access grants; providing requirements for
3 eligibility; providing a funding formula;
4 creating s. 240.4991, F.S.; providing for an
5 Ethics in Business Scholarship Program;
6 creating s. 240.4992, F.S.; providing for
7 ethics in business scholarships; authorizing
8 the State Board of Education to adopt rules;
9 creating s. 240.4993, F.S.; providing for a
10 Florida Work Experience Program; providing for
11 eligibility; requiring the department to adopt
12 rules; reenacting and amending s. 240.501,
13 F.S.; revising provisions authorizing the Board
14 of Trustees of the University of Florida to
15 receive grants of money appropriated under a
16 specified Act of Congress; requiring that
17 agricultural and home economics extension work
18 be carried on in connection with the Institute
19 of Food and Agricultural Sciences; repealing s.
20 240.503, F.S., relating to assent by the
21 Legislature to receive certain grants; creating
22 s. 240.504, F.S.; providing the assent of the
23 Legislature to provisions of a specified Act of
24 Congress; authorizing the Board of Trustees of
25 Florida Agricultural and Mechanical University
26 to receive certain grants; reenacting and
27 amending s. 240.505, F.S.; providing for the
28 administration of and program support for the
29 Florida Cooperative Extension Service;
30 providing for extension agents to be appointed
31 as faculty members; providing for joint
34
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Florida Senate - 2002 CS for CS for SB 1564
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1 employment and personnel policies; requiring
2 availability of certain program materials;
3 reenacting and amending s. 240.507, F.S.;
4 authorizing the Institute of Food and
5 Agricultural Sciences to pay the employer's
6 share of certain required premiums; reenacting
7 s. 240.5095, F.S., relating to research and
8 development programs funded by pari-mutual
9 wagering revenues; reenacting and amending s.
10 240.511, F.S.; authorizing acceptance of
11 certain federal appropriations for the
12 Institute of Food and Agricultural Sciences;
13 reenacting and amending s. 240.5111, F.S.,
14 relating to the Multidisciplinary Center for
15 Affordable Housing; conforming provisions to
16 changes made by the act; reenacting and
17 amending ss. 240.512, 240.5121, F.S.; revising
18 certain provisions for use of lands and
19 facilities on the campus of the University of
20 South Florida; revising requirements for the
21 not-for-profit corporation operating the H. Lee
22 Moffitt Cancer Center and Research Institute;
23 establishing an approval process for
24 not-for-profit corporate subsidiaries;
25 providing conditions for sovereign immunity for
26 the not-for-profit corporation and its
27 subsidiaries; providing duties of a chief
28 executive officer; providing duties of the
29 State Board of Education; conforming provisions
30 to changes made by the act; authorizing the
31 State Board of Education to adopt rules;
35
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Florida Senate - 2002 CS for CS for SB 1564
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1 reenacting and amending s. 240.513, F.S.,
2 relating to the J. Hillis Miller Health Center
3 at the University of Florida; including
4 additional teaching hospitals as part of the
5 center; providing duties of the university
6 board of trustees; conforming provisions to
7 changes made by the act; reenacting and
8 amending s. 240.5135, F.S., relating to Shands
9 Jacksonville Healthcare, Inc.; authorizing the
10 Board of Trustees of the University of Florida
11 to secure liability coverage; eliminating
12 references to the Board of Regents; reenacting
13 and amending s. 240.514, F.S.; eliminating
14 authorization of the Louis De La Parte Florida
15 Mental Health Institute to use the pay plan of
16 the State University System; reenacting s.
17 240.515, F.S., relating to the Florida Museum
18 of Natural History; reenacting s. 240.516,
19 F.S., relating to vertebrate paleontological
20 sites and remains; reenacting s. 240.5161,
21 F.S., relating to the program of vertebrate
22 paleontology within the Florida Museum of
23 Natural History; reenacting and amending s.
24 240.5162, F.S., relating to field investigation
25 permits; conforming a cross-reference;
26 reenacting s. 240.5163, F.S., relating to the
27 preservation of certain rights of mine or
28 quarry operators and dragline or heavy
29 equipment operations; reenacting and amending
30 s. 240.517, F.S., relating to the furnishing of
31 books by the Clerk of the Supreme Court;
36
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1 eliminating references to the Board of Regents;
2 reenacting s. 240.518, F.S., relating to the
3 Historically Black College and University
4 Library Improvement Program; amending s.
5 240.5185, F.S.; providing for small grants to
6 faith-based organizations for partnerships with
7 universities and colleges; eliminating obsolete
8 reporting requirements; repealing s.
9 240.5186(10), F.S., relating to the community
10 computer access grant program; eliminating
11 obsolete reporting requirements; repealing ss.
12 240.519, 240.52, F.S., relating to a school of
13 optometry and collections management for
14 museums and galleries of the State University
15 System; reenacting and amending s. 240.527,
16 F.S., relating to the University of South
17 Florida at St. Petersburg; providing duties of
18 the State Board of Education; eliminating
19 obsolete funding requirements; providing
20 rulemaking authority; amending s. 240.5275,
21 F.S., relating to the University of South
22 Florida Sarasota/Manatee; conforming provisions
23 to changes made by the act; providing
24 rulemaking authority; amending s. 240.5277,
25 F.S., relating to New College of Florida;
26 conforming provisions; providing that the
27 student body president is an ex officio, voting
28 member of the board of trustees; amending s.
29 240.5278, F.S.; revising requirements for
30 certain policies of St. Petersburg College;
31 providing duties of the State Board of
37
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Florida Senate - 2002 CS for CS for SB 1564
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1 Education; requiring that the Commissioner of
2 Education resolve issues involving
3 upper-division students; eliminating obsolete
4 provisions; repealing ss. 240.528, 240.5285,
5 F.S., relating to the Broward County campuses
6 of Florida Atlantic University and the Florida
7 Atlantic University campuses; reenacting and
8 amending s. 240.529, F.S., relating to public
9 accountability and state approval for teacher
10 preparation programs; eliminating obsolete
11 provisions; authorizing colleges to establish
12 preteacher and teacher education pilot
13 programs; repealing ss. 240.52901, 240.5291,
14 240.53, F.S., relating to rules for teaching
15 students with limited English proficiency,
16 teaching profession enhancement grants, and
17 postdoctoral programs to train faculty to
18 provide middle childhood education training and
19 technical assistance; reenacting and amending
20 s. 240.531, F.S.; providing for governance of
21 educational research centers by the university
22 board of trustees rather than the Board of
23 Regents; authorizing boards of trustees to
24 adopt rules; authorizing funding using a
25 portion of the Capital Improvement Trust Fund;
26 reenacting and amending s. 240.5321, F.S.;
27 requiring the State Board of Education rather
28 than the Board of Regents to establish a Center
29 for Brownfield Rehabilitation Assistance;
30 reenacting and amending s. 240.5325, F.S.;
31 providing duties of the State Board of
38
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Florida Senate - 2002 CS for CS for SB 1564
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1 Education and the Commissioner of Education
2 with respect to research activities relating to
3 solid and hazardous waste management;
4 eliminating obsolete provisions; repealing s.
5 240.5326, F.S., relating to research protocols
6 to determine the most appropriate pollutant
7 dispersal agents; reenacting s. 240.5329, F.S.,
8 relating to the Florida LAKEWATCH Program;
9 reenacting and amending s. 240.533, F.S.;
10 creating the Council on Equity in Athletics
11 from among the state universities and colleges;
12 requiring the Commissioner of Education to
13 serve as chair of the council; providing for
14 membership on the council; requiring the State
15 Board of Education to determine the level of
16 funding and support for women's intercollegiate
17 athletics; requiring gender equity plans;
18 eliminating obsolete provisions; repealing ss.
19 240.5339, 240.5340, 240.5341, 240.5342,
20 240.5343, 240.5344, 240.5345, 240.5346,
21 240.5347, 240.5348, 240.5349, F.S., relating to
22 the Collegiate Athletic Association Compliance
23 Enforcement Procedures Act; reenacting and
24 amending s. 240.535, F.S.; assigning the New
25 World School of the Arts to the State Board of
26 Education and other entities; conforming
27 provisions to changes made by the act;
28 repealing ss. 240.539, 240.540, 240.541, F.S.,
29 relating to advanced technology research, the
30 incubator facilities program, and postsecondary
31 education programs of excellence; amending s.
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1 240.551, F.S., relating to the Florida Prepaid
2 College Program; conforming provisions to
3 changes made by the act; including certain
4 colleges within state postsecondary
5 institutions; providing for the Attorney
6 General, the Chief Financial Officer, the
7 Director of the Division of Colleges and
8 Universities, and the Director of the Division
9 of Community Colleges to be members of the
10 Florida Prepaid College Board; requiring the
11 Chief Financial Officer to approve qualified
12 public depositories; providing for strategic
13 alliances with certain entities; reenacting s.
14 240.552, F.S., relating to the Florida Prepaid
15 Tuition Scholarship Program; reenacting and
16 amending s. 240.553, F.S.; authorizing the
17 Florida College Savings Program Board to
18 establish agreements with colleges; authorizing
19 alliances with certain entities; repealing ss.
20 240.6045, 240.605, 240.6054, 240.606, F.S.,
21 relating to the limited-access competitive
22 grant program, William L. Boyd, IV, Florida
23 resident access grants, ethics in business
24 scholarships, and the Florida Work Experience
25 Program; reenacting and amending s. 240.607,
26 F.S.; authorizing community college boards of
27 trustees to develop and sign articulation
28 agreements; eliminating obsolete provisions;
29 repealing ss. 240.6071, 240.6072, 240.6073,
30 240.6074, 240.6075, 240.609, F.S., relating to
31 the occupational therapist or physical
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1 therapist critical shortage program, a student
2 loan forgiveness program, a scholarship loan
3 program, a tuition reimbursement program, and
4 postsecondary endowment grants; reenacting and
5 amending s. 240.61, F.S., relating to the
6 college reach-out program; conforming
7 provisions to changes made by the act;
8 eliminating a requirement that the State Board
9 of Education give preference to a program that
10 identifies participants from among students who
11 are not already enrolled in similar programs;
12 eliminating a requirement that certain
13 appropriations be for initiatives and
14 performances; revising the membership of the
15 advisory council; requiring that the
16 Commissioner of Education appoint members to
17 the advisory council unless otherwise provided;
18 authorizing representation from the Council for
19 Education Policy Research and Improvement,
20 state colleges, universities, community
21 colleges, and equal opportunity coordinators;
22 revising reporting requirements; eliminating
23 funding requirements; reenacting s. 240.631,
24 F.S., relating to the Institute for
25 Nonviolence; reenacting and amending s.
26 240.632, F.S.; requiring the State Board of
27 Education to establish the Institute for
28 Nonviolence; revising membership of the
29 advisory board; reenacting ss. 240.633,
30 240.634, F.S., relating to the powers and
31 duties of the Institute for Nonviolence and
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1 institute fellowships; reenacting and amending
2 s. 240.636, F.S., relating to research of the
3 Rosewood incident; eliminating obsolete
4 provisions; reenacting and amending s. 240.70,
5 F.S.; including state colleges in provisions
6 for courses to assist substance-abuse
7 recognition and referral; reenacting and
8 amending s. 240.701, F.S.; including state
9 colleges in provisions establishing incentives
10 for internships for disadvantaged areas;
11 reenacting and amending s. 240.702, F.S.;
12 authorizing the Commissioner of Education to
13 designate a conflict resolution consortium
14 center; eliminating obsolete provisions;
15 reenacting and amending s. 240.705, F.S.;
16 authorizing colleges to participate in
17 partnerships to develop child protection
18 workers; reenacting and amending s. 240.706,
19 F.S., relating to the Leadership Board for
20 Applied Public Services; conforming provisions
21 to changes made by the act; reenacting and
22 amending s. 240.709, F.S.; including state
23 colleges in provisions creating the Institute
24 on Urban Policy and Commerce; amending s.
25 240.710, F.S.; authorizing the State Board of
26 Education to create the Digital Media Education
27 Coordination Group; eliminating obsolete
28 provisions; amending ss. 240.7101, 240.7105,
29 F.S., relating to the colleges of law at
30 Florida International University and Florida
31 Agricultural and Mechanical University;
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1 conforming provisions to changes made by the
2 act; amending s. 240.711, 242.3305, F.S.,
3 relating to the Ringling Center for Cultural
4 Arts and the School for the Deaf and the Blind;
5 conforming cross-references; amending ss.
6 243.01, 243.105, 243.141, 243.151, F.S.,
7 relating to the educational institutions law;
8 providing for the State Board of Education to
9 assume the duties of the former Board of
10 Regents; eliminating obsolete references;
11 authorizing university and college boards of
12 trustees to enter into certain agreements to
13 lease land, purchase, or lease-purchase certain
14 lands, facilities, and related improvements;
15 providing that all agreements executed by the
16 former Board of Regents for certain purposes
17 are validated, ratified, and confirmed;
18 amending s. 243.52, F.S.; revising definitions
19 governing the funding of educational facilities
20 to conform to changes made by the act; amending
21 s. 282.005, F.S., relating to information
22 resources management; assigning certain
23 functions to the boards of trustees of
24 universities, colleges, and community colleges;
25 amending ss. 282.103, 282.105, F.S.; requiring
26 state universities, colleges, and other
27 entities to use SUNCOM; amending s. 282.106,
28 F.S.; providing for SUNCOM service to the
29 libraries of state colleges and universities;
30 amending s. 282.3031, F.S.; assigning functions
31 of information resources management to boards
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1 of trustees of universities, colleges, and
2 community colleges; amending ss. 282.3063,
3 282.310, F.S.; eliminating a requirement that
4 the State University System submit a specified
5 planning and management report to the State
6 Technology Office; requiring that an annual
7 report include such planning and management
8 information from annual reports prepared by the
9 university and college boards of trustees and
10 the community college district boards of
11 trustees; eliminating obsolete provisions;
12 amending s. 284.34, F.S.; excluding
13 professional medical liability and nuclear
14 energy liability of the university boards of
15 trustees from the State Risk Management Trust
16 Fund; eliminating obsolete provisions; amending
17 s. 287.042, F.S., relating to state purchasing;
18 conforming a cross-reference to changes made by
19 the act; amending s. 447.203, F.S.;
20 establishing the university and college boards
21 of trustees as a public employer rather than
22 the former Board of Regents; eliminating
23 provisions authorizing graduate assistants as
24 nonpublic employees; providing that the
25 university or college board of trustees is the
26 legislative body for purposes of collective
27 bargaining; providing requirements for
28 selecting a student representative for
29 collective bargaining purposes; amending s.
30 447.301, F.S.; eliminating provisions
31 authorizing reimbursement for university
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1 representatives for travel and per diem
2 expenses from student activity fees; amending
3 s. 447.403, F.S.; revising provisions for
4 resolving disputes involving a collective
5 bargaining agreement; eliminating obsolete
6 provisions; amending s. 766.112, F.S.;
7 prescribing applicability of provisions
8 relating to comparative fault to boards of
9 trustees; amending s. 768.28, F.S.; providing
10 venue in actions brought against boards of
11 trustees; providing applicability of provisions
12 relating to waiver of sovereign immunity to
13 boards of trustees; amending s. 626.852, F.S.;
14 providing inapplicability of provisions
15 relating to insurance adjusters to employees
16 and agents of a board of trustees; amending s.
17 627.912, F.S.; requiring certain reports with
18 respect to actions for damages caused by
19 employees or agents of a board of trustees;
20 providing effective dates.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 11.061, Florida Statutes, is
25 amended to read:
26 11.061 State, university, college, and community
27 college employee lobbyists; registration; recording
28 attendance; penalty; exemptions.--
29 (1) Any person employed by any executive, judicial, or
30 quasi-judicial department of the state or community college,
31 college, or university of the state who seeks to encourage the
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1 passage, defeat, or modification of any legislation by
2 personal appearance or attendance before the House of
3 Representatives or the Senate, or any committee thereof,
4 shall, prior thereto, register as a lobbyist with the joint
5 legislative office on a form to be provided by the joint
6 legislative office in the same manner as any other lobbyist is
7 required to register, whether by rule of either house or
8 otherwise. This shall not preclude any person from contacting
9 her or his legislator regarding any matter during hours other
10 than the established business hours of the person's respective
11 agency, university, college, or community college.
12 (2)(a) Each state, university, college, or community
13 college employee or employee of a community college registered
14 pursuant to the provisions of this section shall:
15 1. Record with the chair of the committee any
16 attendance before any committee during established business
17 hours of the agency, university, college, or community college
18 employing the person.
19 2. Record with the joint legislative office any
20 attendance in the legislative chambers, committee rooms,
21 legislative offices, legislative hallways, and other areas in
22 the immediate vicinity during the established business hours
23 of the agency, university, college, or community college
24 employing the person.
25 (b) Any person who appears before a committee or
26 subcommittee of the House of Representatives or the Senate at
27 the request of the committee or subcommittee chair as a
28 witness or for informational purposes shall be exempt from the
29 provisions of this subsection.
30 (3) Any state, university, college, or community
31 college employee or employee of a community college who
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1 violates any provision of this section by not registering with
2 the joint legislative office as a lobbyist or by failing to
3 record hours spent as a lobbyist in areas and activities as
4 set forth in this section during the established business
5 hours of the agency, university, college, or community college
6 employing the person shall have deducted from her or his
7 salary an amount equivalent to her or his hourly wage times
8 the number of hours that she or he was in violation of this
9 section.
10 (4) Any person employed by any executive, judicial, or
11 quasi-judicial department of the state or by any community
12 college, college, or university of the state whose position is
13 designated in that department's budget as being used during
14 all, or a portion of, the fiscal year for lobbying shall
15 comply with the provisions of subsection (1), but shall be
16 exempt from the provisions of subsections (2) and (3).
17 Section 2. Paragraphs (a), (b), and (c) of subsection
18 (2) of section 11.062, Florida Statutes, are amended to read:
19 11.062 Use of state funds for lobbying prohibited;
20 penalty.--
21 (2)(a) A department of the executive branch, a state
22 university, a state college, a community college, or a water
23 management district may not use public funds to retain a
24 lobbyist to represent it before the legislative or executive
25 branch. However, full-time employees of a department of the
26 executive branch, a state university, a state college, a
27 community college, or a water management district may register
28 as lobbyists and represent that employer before the
29 legislative or executive branch. Except as a full-time
30 employee, a person may not accept any public funds from a
31 department of the executive branch, a state university, a
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1 state college, a community college, or a water management
2 district for lobbying.
3 (b) A department of the executive branch, a state
4 university, a state college, a community college, or a water
5 management district that violates this subsection may be
6 prohibited from lobbying the legislative or executive branch
7 for a period not exceeding 2 years.
8 (c) This subsection shall not be construed to prohibit
9 a department of the executive branch, a state university, a
10 state college, a community college, or a water management
11 district from retaining a lobbyist for purposes of
12 representing the entity before the executive or legislative
13 branch of the Federal Government. Further, any person so
14 retained is not subject to the prohibitions of this
15 subsection.
16 Section 3. Paragraphs (b), (c), (f), (g), and (h) of
17 subsection (2) of section 110.123, Florida Statutes, are
18 amended to read:
19 110.123 State group insurance program.--
20 (2) DEFINITIONS.--As used in this section, the term:
21 (b) "Enrollee" means all state officers and employees,
22 retired state officers and employees, surviving spouses of
23 deceased state officers and employees, and terminated
24 employees or individuals with continuation coverage who are
25 enrolled in an insurance plan offered by the state group
26 insurance program. "Enrollee" includes all state university
27 and college officers and employees, retired state university
28 and college officers and employees, surviving spouses of
29 deceased state university and college officers and employees,
30 and terminated university and college employees or individuals
31
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1 with continuation coverage who are enrolled in an insurance
2 plan offered by the state group insurance program.
3 (c) "Full-time state employees" includes all full-time
4 employees of all branches or agencies of state government
5 holding salaried positions and paid by state warrant or from
6 agency funds, and employees paid from regular salary
7 appropriations for 8 months' employment, including university
8 personnel on academic contracts, but in no case shall "state
9 employee" or "salaried position" include persons paid from
10 other-personal-services (OPS) funds. "Full-time employees"
11 includes all full-time employees of the state universities and
12 colleges.
13 (f) "Part-time state employee" means any employee of
14 any branch or agency of state government paid by state warrant
15 from salary appropriations or from agency funds, and who is
16 employed for less than the normal full-time workweek
17 established by the department or, if on academic contract or
18 seasonal or other type of employment which is less than
19 year-round, is employed for less than 8 months during any
20 12-month period, but in no case shall "part-time" employee
21 include a person paid from other-personal-services (OPS)
22 funds. "Part-time state employee" includes any part-time
23 employee of the state universities and colleges.
24 (g) "Retired state officer or employee" or "retiree"
25 means any state, university, or college officer or state,
26 university, or college employee who retires under a state
27 retirement system or a state optional annuity or retirement
28 program or is placed on disability retirement, and who was
29 insured under the state group insurance program at the time of
30 retirement, and who begins receiving retirement benefits
31
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1 immediately after retirement from state, university, or
2 college office or employment.
3 (h) "State agency" or "agency" means any branch,
4 department, or agency of state government. "State agency" or
5 "agency" includes any state university or college for purposes
6 of this section only.
7 Section 4. Subsection (6) of section 120.52, Florida
8 Statutes, is amended to read:
9 120.52 Definitions.--As used in this act:
10 (6) "Educational unit" means a local school district,
11 a community college district, the Florida School for the Deaf
12 and the Blind, a state university, or a state college or a
13 unit of the State University System other than the Board of
14 Regents.
15 Section 5. Paragraph (a) of subsection (1) and
16 paragraph (a) of subsection (4) of section 120.55, Florida
17 Statutes, are amended to read:
18 120.55 Publication.--
19 (1) The Department of State shall:
20 (a)1. Publish in a permanent compilation entitled
21 "Florida Administrative Code" all rules adopted by each
22 agency, citing the specific rulemaking authority pursuant to
23 which each rule was adopted, all history notes as authorized
24 in s. 120.545(9), and complete indexes to all rules contained
25 in the code. Supplementation shall be made as often as
26 practicable, but at least monthly. The department may
27 contract with a publishing firm for the publication, in a
28 timely and useful form, of the Florida Administrative Code;
29 however, the department shall retain responsibility for the
30 code as provided in this section. This publication shall be
31 the official compilation of the administrative rules of this
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1 state. The Department of State shall retain the copyright
2 over the Florida Administrative Code.
3 2. Rules general in form but applicable to only one
4 school district, community college district, or county, or a
5 part thereof, or university or college rules relating to
6 internal personnel or business and finance shall not be
7 published in the Florida Administrative Code. Exclusion from
8 publication in the Florida Administrative Code shall not
9 affect the validity or effectiveness of such rules.
10 3. At the beginning of the section of the code dealing
11 with an agency that files copies of its rules with the
12 department, the department shall publish the address and
13 telephone number of the executive offices of each agency, the
14 manner by which the agency indexes its rules, a listing of all
15 rules of that agency excluded from publication in the code,
16 and a statement as to where those rules may be inspected.
17 4. Forms shall not be published in the Florida
18 Administrative Code; but any form which an agency uses in its
19 dealings with the public, along with any accompanying
20 instructions, shall be filed with the committee before it is
21 used. Any form or instruction which meets the definition of
22 "rule" provided in s. 120.52 shall be incorporated by
23 reference into the appropriate rule. The reference shall
24 specifically state that the form is being incorporated by
25 reference and shall include the number, title, and effective
26 date of the form and an explanation of how the form may be
27 obtained.
28 (4)(a) Each year the Department of State shall furnish
29 the Florida Administrative Weekly, without charge and upon
30 request, as follows:
31
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1 1. One subscription to each federal and state court
2 having jurisdiction over the residents of the state; the
3 Legislative Library; each state university library; each state
4 college; the State Library; each depository library designated
5 pursuant to s. 257.05; and each standing committee of the
6 Senate and House of Representatives and each state legislator.
7 2. Two subscriptions to each state department.
8 3. Three subscriptions to the library of the Supreme
9 Court of Florida, the library of each state district court of
10 appeal, the division, the library of the Attorney General,
11 each law school library in Florida, the Secretary of the
12 Senate, and the Clerk of the House of Representatives.
13 4. Ten subscriptions to the committee.
14 Section 6. Paragraphs (e) and (g) of subsection (1) of
15 section 120.81, Florida Statutes, are amended to read:
16 120.81 Exceptions and special requirements; general
17 areas.--
18 (1) EDUCATIONAL UNITS.--
19 (e) Educational units, other than the state
20 universities and colleges units of the State University System
21 and the Florida School for the Deaf and the Blind, shall not
22 be required to make filings with the committee of the
23 documents required to be filed by s. 120.54 or s.
24 120.55(1)(a)4.
25 (g) Sections 120.569 and 120.57 do not apply to any
26 proceeding in which the substantial interests of a student are
27 determined by a state university, a state college the State
28 University System or a community college district. Each
29 university and college board of trustees The Board of Regents
30 shall establish a committee, at least half of whom shall be
31 appointed by the student government association Council of
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1 Student Body Presidents, which shall establish rules and
2 guidelines ensuring fairness and due process in judicial
3 proceedings involving students in the state university or
4 college State University System.
5 Section 7. Section 231.621, Florida Statutes, is
6 repealed.
7 Section 8. Notwithstanding subsection (7) of section 3
8 of chapter 2000-321, Laws of Florida, section 239.117, Florida
9 Statutes, shall not stand repealed January 7, 2003, as
10 scheduled by that law, but that section is reenacted and
11 amended to read:
12 239.117 Workforce development postsecondary student
13 fees.--
14 (1) This section applies to students enrolled in
15 workforce development programs who are reported for funding
16 through the Workforce Development Education Fund, except that
17 college credit fees for the community colleges are governed by
18 s. 240.35.
19 (2) All students shall be charged fees except students
20 who are exempt from fees or students whose fees are waived.
21 (3) The following students are exempt from any
22 requirement for the payment of registration, matriculation,
23 and laboratory fees for adult basic, adult secondary, or
24 vocational-preparatory instruction:
25 (a) A student who does not have a high school diploma
26 or its equivalent.
27 (b) A student who has a high school diploma or its
28 equivalent and who has academic skills at or below the eighth
29 grade level pursuant to state board rule. A student is
30 eligible for this exemption from fees if the student's skills
31 are at or below the eighth grade level as measured by a test
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1 administered in the English language and approved by the
2 Department of Education, even if the student has skills above
3 that level when tested in the student's native language.
4 (4) The following students are exempt from the payment
5 of registration, matriculation, and laboratory fees:
6 (a) A student enrolled in a dual enrollment or early
7 admission program pursuant to s. 239.241.
8 (b) A student enrolled in an approved apprenticeship
9 program, as defined in s. 446.021.
10 (c) A student for whom the state is paying a foster
11 care board payment pursuant to s. 409.145(3) or pursuant to
12 parts II and III of chapter 39, for whom the permanency
13 planning goal pursuant to part III of chapter 39 is long-term
14 foster care or independent living, or who is adopted from the
15 Department of Children and Family Services after May 5, 1997.
16 Such exemption includes fees associated with enrollment in
17 vocational-preparatory instruction and completion of the
18 college-level communication and computation skills testing
19 program. Such exemption shall be available to any student
20 adopted from the Department of Children and Family Services
21 after May 5, 1997; however, the exemption shall be valid for
22 no more than 4 years after the date of graduation from high
23 school.
24 (d) A student enrolled in an employment and training
25 program under the welfare transition program. The regional
26 workforce board shall pay the community college or school
27 district for costs incurred for welfare transition program
28 participants.
29 (e) A student who lacks a fixed, regular, and adequate
30 nighttime residence or whose primary nighttime residence is a
31 public or private shelter designed to provide temporary
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1 residence for individuals intended to be institutionalized, or
2 a public or private place not designed for, or ordinarily used
3 as, a regular sleeping accommodation for human beings.
4 (f) A student who is a proprietor, owner, or worker of
5 a company whose business has been at least 50 percent
6 negatively financially impacted by the buy-out of property
7 around Lake Apopka by the State of Florida. Such a student may
8 receive a fee exemption only if the student has not received
9 compensation because of the buy-out, the student is designated
10 a Florida resident for tuition purposes, pursuant to s.
11 240.1201, and the student has applied for and been denied
12 financial aid, pursuant to s. 240.404, which would have
13 provided, at a minimum, payment of all student fees. The
14 student is responsible for providing evidence to the
15 postsecondary education institution verifying that the
16 conditions of this paragraph have been met, including support
17 documentation provided by the Department of Revenue. The
18 student must be currently enrolled in, or begin coursework
19 within, a program area by fall semester 2000. The exemption
20 is valid for a period of 4 years from the date that the
21 postsecondary education institution confirms that the
22 conditions of this paragraph have been met.
23 (3)(5) School districts and community colleges may
24 waive fees for any fee-nonexempt student. The total value of
25 fee waivers granted by the school district or community
26 college may not exceed the amount established annually in the
27 General Appropriations Act. Any student whose fees are waived
28 in excess of the authorized amount may not be reported for
29 state funding purposes. Any school district or community
30 college that waives fees and requests state funding for a
31 student in violation of the provisions of this section shall
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1 be penalized at a rate equal to 2 times the value of the
2 full-time student enrollment reported.
3 (4)(6)(a) The Commissioner of Education shall provide
4 to the State Board of Education no later than December 31 of
5 each year a schedule of fees for workforce development
6 education, excluding continuing workforce education, for
7 school districts and community colleges. The fee schedule
8 shall be based on the amount of student fees necessary to
9 produce 25 percent of the prior year's average cost of a
10 course of study leading to a certificate or diploma. At the
11 discretion of a school board or a community college, this fee
12 schedule may be implemented over a 3-year period, with full
13 implementation in the 1999-2000 school year. In years
14 preceding that year, if fee increases are necessary for some
15 programs or courses, the fees shall be raised in increments
16 designed to lessen their impact upon students already
17 enrolled. Fees for students who are not residents for tuition
18 purposes must offset the full cost of instruction.
19 Fee-nonexempt students enrolled in vocational-preparatory
20 instruction shall be charged fees equal to the fees charged
21 for certificate career education instruction. Each community
22 college that conducts college-preparatory and
23 vocational-preparatory instruction in the same class section
24 may charge a single fee for both types of instruction.
25 (b) Fees for continuing workforce education shall be
26 locally determined by the school board or community college.
27 However, at least 50 percent of the expenditures for the
28 continuing workforce education program provided by the
29 community college or school district must be derived from
30 fees.
31
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1 (c) The State Board of Education shall adopt a fee
2 schedule for school districts that produces the fee revenues
3 calculated pursuant to paragraph (a). The schedule so
4 calculated shall take effect, unless otherwise specified in
5 the General Appropriations Act.
6 (d) The State Board of Education shall adopt, by rule,
7 the definitions and procedures that school boards shall use in
8 the calculation of cost borne by students.
9 (5)(7) Each year the State Board of Community Colleges
10 shall review and evaluate the percentage of the cost of adult
11 programs and certificate career education programs supported
12 through student fees. For students who are residents for
13 tuition purposes, the schedule so adopted must produce
14 revenues equal to 25 percent of the prior year's average
15 program cost for college-preparatory and certificate-level
16 workforce development programs. Fees for continuing workforce
17 education shall be locally determined by the school board or
18 community college. However, at least 50 percent of the
19 expenditures for the continuing workforce education program
20 provided by the community college or school district must be
21 derived from fees. Fees for students who are not residents for
22 tuition purposes must offset the full cost of instruction.
23 (6)(8) Each school board and community college board
24 of trustees may establish a separate fee for financial aid
25 purposes in an additional amount of up to 10 percent of the
26 student fees collected for workforce development programs
27 funded through the Workforce Development Education Fund. All
28 fees collected shall be deposited into a separate workforce
29 development student financial aid fee trust fund of the
30 district or community college to support students enrolled in
31 workforce development programs. Any undisbursed balance
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1 remaining in the trust fund and interest income accruing to
2 investments from the trust fund shall increase the total funds
3 available for distribution to workforce development education
4 students. Awards shall be based on student financial need and
5 distributed in accordance with a nationally recognized system
6 of need analysis approved by the State Board for Career
7 Education. Fees collected pursuant to this subsection shall be
8 allocated in an expeditious manner.
9 (7)(9) The State Board of Education and the State
10 Board of Community Colleges shall adopt rules to allow the
11 deferral of registration and tuition fees for students
12 receiving financial aid from a federal or state assistance
13 program when such aid is delayed in being transmitted to the
14 student through circumstances beyond the control of the
15 student. The failure to make timely application for such aid
16 is an insufficient reason to receive a deferral of fees. The
17 rules must provide for the enforcement and collection or other
18 settlement of delinquent accounts.
19 (8)(10) Any veteran or other eligible student who
20 receives benefits under chapter 30, chapter 31, chapter 32,
21 chapter 34, or chapter 35 of Title 38, U.S.C., or chapter 106
22 of Title 10, U.S.C., is entitled to one deferment each
23 academic year and an additional deferment each time there is a
24 delay in the receipt of benefits.
25 (9)(11) Each school district and community college
26 shall be responsible for collecting all deferred fees. If a
27 school district or community college has not collected a
28 deferred fee, the student may not earn state funding for any
29 course for which the student subsequently registers until the
30 fee has been paid.
31
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1 (10)(12) Any school district or community college that
2 reports students who have not paid fees in an approved manner
3 in calculations of full-time equivalent enrollments for state
4 funding purposes shall be penalized at a rate equal to 2 times
5 the value of such enrollments. Such penalty shall be charged
6 against the following year's allocation from the Florida
7 Workforce Development Education Fund or the Community College
8 Program Fund and shall revert to the General Revenue Fund.
9 The State Board of Education shall specify, in rule, approved
10 methods of student fee payment. Such methods must include,
11 but need not be limited to, student fee payment; payment
12 through federal, state, or institutional financial aid; and
13 employer fee payments.
14 (11)(13) Each school district and community college
15 shall report only those students who have actually enrolled in
16 instruction provided or supervised by instructional personnel
17 under contract with the district or community college in
18 calculations of actual full-time enrollments for state funding
19 purposes. A student who has been exempted from taking a
20 course or who has been granted academic or vocational credit
21 through means other than actual coursework completed at the
22 granting institution may not be calculated for enrollment in
23 the course from which the student has been exempted or for
24 which the student has been granted credit. School districts
25 and community colleges that report enrollments in violation of
26 this subsection shall be penalized at a rate equal to 2 times
27 the value of such enrollments. Such penalty shall be charged
28 against the following year's allocation from the Workforce
29 Development Education Fund and shall revert to the General
30 Revenue Fund.
31
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1 (12)(14) School boards and community college boards of
2 trustees may establish scholarship funds using donations. If
3 such funds are established, school boards and community
4 college boards of trustees shall adopt rules that provide for
5 the criteria and methods for awarding scholarships from the
6 fund.
7 (13)(15) Each school board and community college board
8 of trustees may establish a separate fee for capital
9 improvements, technology enhancements, or equipping buildings
10 which may not exceed 5 percent of the matriculation fee for
11 resident students or 5 percent of the matriculation and
12 tuition fee for nonresident students. Funds collected by
13 community colleges through these fees may be bonded only for
14 the purpose of financing or refinancing new construction and
15 equipment, renovation, or remodeling of educational
16 facilities. The fee shall be collected as a component part of
17 the registration and tuition fees, paid into a separate
18 account, and expended only to construct and equip, maintain,
19 improve, or enhance the certificate career education or adult
20 education facilities of the school district or community
21 college. Projects funded through the use of the capital
22 improvement fee must meet the survey and construction
23 requirements of chapter 235. Pursuant to s. 216.0158, each
24 school board and community college board of trustees shall
25 identify each project, including maintenance projects,
26 proposed to be funded in whole or in part by such fee. Capital
27 improvement fee revenues may be pledged by a board of trustees
28 as a dedicated revenue source to the repayment of debt,
29 including lease-purchase agreements and revenue bonds, with a
30 term not to exceed 20 years, and not to exceed the useful life
31 of the asset being financed, only for the new construction and
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1 equipment, renovation, or remodeling of educational
2 facilities. Community colleges may use the services of the
3 Division of Bond Finance of the State Board of Administration
4 to issue any bonds authorized through the provisions of this
5 subsection. Any such bonds issued by the Division of Bond
6 Finance shall be in compliance with the provisions of the
7 State Bond Act. Bonds issued pursuant to the State Bond Act
8 shall be validated in the manner provided by chapter 75. The
9 complaint for such validation shall be filed in the circuit
10 court of the county where the seat of state government is
11 situated, the notice required to be published by s. 75.06
12 shall be published only in the county where the complaint is
13 filed, and the complaint and order of the circuit court shall
14 be served only on the state attorney of the circuit in which
15 the action is pending. A maximum of 15 cents per credit hour
16 may be allocated from the capital improvement fee for child
17 care centers conducted by the school board or community
18 college board of trustees.
19 (14)(16) Community colleges and district school boards
20 are not authorized to charge students enrolled in workforce
21 development programs any fee that is not specifically
22 authorized by statute. In addition to matriculation, tuition,
23 financial aid, capital improvement, and technology fees, as
24 authorized in this section, community colleges and district
25 school boards are authorized to establish fee schedules for
26 the following user fees and fines: laboratory fees; parking
27 fees and fines; library fees and fines; fees and fines
28 relating to facilities and equipment use or damage; access or
29 identification card fees; duplicating, photocopying, binding,
30 or microfilming fees; standardized testing fees; diploma
31 replacement fees; transcript fees; application fees;
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1 graduation fees; and late fees related to registration and
2 payment. Such user fees and fines shall not exceed the cost of
3 the services provided and shall only be charged to persons
4 receiving the service. Parking fee revenues may be pledged by
5 a community college board of trustees as a dedicated revenue
6 source for the repayment of debt, including lease-purchase
7 agreements and revenue bonds with terms not exceeding 20 years
8 and not exceeding the useful life of the asset being financed.
9 Community colleges shall use the services of the Division of
10 Bond Finance of the State Board of Administration to issue any
11 revenue bonds authorized by the provisions of this subsection.
12 Any such bonds issued by the Division of Bond Finance shall be
13 in compliance with the provisions of the State Bond Act. Bonds
14 issued pursuant to the State Bond Act shall be validated in
15 the manner established in chapter 75. The complaint for such
16 validation shall be filed in the circuit court of the county
17 where the seat of state government is situated, the notice
18 required to be published by s. 75.06 shall be published only
19 in the county where the complaint is filed, and the complaint
20 and order of the circuit court shall be served only on the
21 state attorney of the circuit in which the action is pending.
22 (15)(17) Each district school board and community
23 college district board of trustees is authorized to establish
24 specific fees for workforce development instruction not
25 reported for state funding purposes or for workforce
26 development instruction not reported as state funded full-time
27 equivalent students. District school boards and district
28 boards of trustees are not required to charge any other fee
29 specified in this section for this type of instruction.
30 (16)(18) Each district school board and community
31 college district board of trustees is authorized to establish
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1 a separate fee for technology, not to exceed $1.80 per credit
2 hour or credit-hour equivalent for resident students and not
3 more than $5.40 per credit hour or credit-hour equivalent for
4 nonresident students, or the equivalent, to be expended in
5 accordance with technology improvement plans. The technology
6 fee may apply only to associate degree programs and courses.
7 Fifty percent of technology fee revenues may be pledged by a
8 community college board of trustees as a dedicated revenue
9 source for the repayment of debt, including lease-purchase
10 agreements, not to exceed the useful life of the asset being
11 financed. Revenues generated from the technology fee may not
12 be bonded.
13 Section 9. Notwithstanding subsection (7) of section 3
14 of chapter 2000-321, Laws of Florida, section 240.105, Florida
15 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 (Substantial rewording of section. See
19 s. 240.105, F.S., for present text.)
20 240.105 Statement of purpose and mission.--
21 (1) The Legislature finds that postsecondary education
22 is an integral part of the systemwide support structure that
23 upholds the principles of Florida's educational mission. Under
24 these principles, postsecondary education is to maintain
25 effective coordination with other levels and sectors of
26 education, center its efforts and accomplishments on students,
27 continuously improve student access and equity, and promote
28 accountability for student achievement and improvement to the
29 highest possible level of academic excellence. This level of
30 excellence requires each participant in postsecondary
31 educational efforts to promote education which:
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1 (a) Is of the highest possible quality.
2 (b) Enables students of all ages, backgrounds, and
3 levels of income to participate in the search for knowledge
4 and individual development.
5 (c) Stresses undergraduate teaching as its main
6 priority.
7 (d) Offers selected professional, graduate, and
8 research programs with emphasis on state and national needs.
9 (e) Fosters diversity of educational opportunity.
10 (f) Promotes service to the public.
11 (g) Makes effective and efficient use of human and
12 physical resources.
13 (h) Functions cooperatively with other educational
14 institutions and systems.
15 (i) Promotes internal coordination and the wisest
16 possible use of resources.
17 (2) In providing postsecondary education, the state's
18 mission is to develop the workforce and human resources, to
19 discover and disseminate knowledge, and to extend knowledge
20 and its application beyond the campus to the benefit and
21 stimulation of society. Postsecondary education may accomplish
22 its mission only if it develops in students heightened
23 intellectual, cultural, and humane sensitivities; scientific,
24 professional, and technological expertise; and a sense of
25 purpose. Inherent in this broad mission are methods of
26 instruction, research, extended training, and public service
27 designed to educate people and improve the human condition.
28 Basic to every purpose of the system is the search for truth.
29 Section 10. Notwithstanding subsection (7) of section
30 3 of chapter 2000-321, Laws of Florida, section 240.107,
31
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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 to read:
3 240.107 College-level communication and computation
4 skills examination.--
5 (1) It is the intent of the Legislature that the
6 examination of college-level communication and computation
7 skills provided in s. 229.551 serve as a mechanism for
8 students to demonstrate that they have mastered the academic
9 competencies prerequisite to upper-division undergraduate
10 instruction. It is further intended that the examination
11 serve as both a summative evaluation instrument prior to
12 student enrollment in upper-division programs and as a source
13 of information for student advisers. It is not intended that
14 student passage of the examination supplant the need for a
15 student to complete the general education curriculum
16 prescribed by an institution.
17 (2) State universities and community colleges shall
18 conduct a minimum of two administrations, one of which may
19 consist of an alternative administration, of the college-level
20 communication and computation skills examination per academic
21 term. Such administrations shall be available to all
22 lower-division students seeking associate in arts or
23 baccalaureate degrees upon completion of at least 18 semester
24 hours or the equivalent. State universities and community
25 colleges shall report at a minimum the examination scores of
26 all students tested at each administration of the
27 college-level communication and computation skills
28 examination.
29 (3) No state university or community college shall
30 confer an associate in arts or baccalaureate degree upon any
31 student who fails to complete successfully the examination of
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1 college-level communication and computation skills. Students
2 who received their associate in arts degree prior to September
3 1, 1982, shall be exempt from the provisions of this
4 subsection.
5 (4) The State Board of Education, by rule, shall set
6 the minimum scores that constitute successful completion of
7 the examination. In establishing the minimum scores that
8 constitute successful completion of the examination, the State
9 Board of Education shall consider any possible negative impact
10 of the tests on minority students. Determinations regarding a
11 student's successful completion of the examination shall be
12 based on the minimum standards prescribed by rule for the date
13 the student initially takes the examination.
14 (5) Any student who, in the best professional opinion
15 of the university, has a specific learning disability such
16 that the student can not demonstrate successful completion of
17 one or more sections of the college-level communication and
18 computation skills examination and is achieving at the college
19 level in every area except that of the disability, and whose
20 diagnosis indicates that further remediation will not succeed
21 in overcoming the disability, may appeal through the
22 appropriate dean to a committee appointed by the president or
23 vice president for academic affairs for special consideration.
24 The committee shall examine the evidence of the student's
25 academic and medical records and may hear testimony relevant
26 to the case. The committee may grant a waiver for one or more
27 sections of the college-level communication and computation
28 skills examination based on the results of its review.
29 (6) Each community college president and university
30 president shall establish a committee to consider requests for
31 waivers from the provisions of subsection (3). The committee
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1 shall be chaired by the chief academic officer of the
2 institution and shall have four additional members appointed
3 by the president: a member of the mathematics department, a
4 member of the English department, the institutional test
5 administrator, and a fourth faculty member from a department
6 other than English or mathematics. Any student who has taken a
7 subtest of the examination required by this section at least
8 four times and has not achieved a passing score, but has
9 otherwise demonstrated proficiency in coursework in the same
10 subject area, may request a waiver from that particular
11 subtest. Waivers shall be considered only after students have
12 been provided test adaptations or other administrative
13 adjustments to permit the accurate measurement of the
14 student's proficiency in the subject areas measured by the
15 examination authorized in this section. The committee shall
16 consider the student's educational records and other evidence
17 as to whether the student should be able to pass the subtest
18 under consideration. A waiver may be recommended to the
19 president upon majority vote of the committee. The president
20 may approve or disapprove the recommendation. The president
21 may not approve a request which the committee has disapproved.
22 If a waiver for a given subtest is approved, the student's
23 transcript shall include a statement that the student did not
24 meet the requirements of subsection (3) and that a waiver was
25 granted.
26 (7) The State Board of Education, by rule, shall
27 establish fees for the administration of the examination to
28 private postsecondary students.
29 (8) The State Board of Education, by rule, shall
30 establish fees for the administration of the examination at
31 times other than regularly scheduled dates to accommodate
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1 examinees who are unable to be tested on those dates. The
2 board shall establish the conditions under which examinees may
3 be admitted to the special administrations.
4 (9) Any student fulfilling one or both of the
5 following requirements before completion of associate in arts
6 degree requirements or baccalaureate degree requirements is
7 exempt from the testing requirements of this section:
8 (a) Achieves a score that meets or exceeds a minimum
9 score on a nationally standardized examination, as established
10 by the Articulation Coordinating Committee; or
11 (b) Demonstrates successful remediation of any
12 academic deficiencies identified by the college placement test
13 and achieves a cumulative grade point average of 2.5 or above,
14 on a 4.0 scale, in postsecondary-level coursework identified
15 by the Postsecondary Education Planning Commission. The
16 Department of Education shall specify the means by which a
17 student may demonstrate successful remediation.
18
19 Any student denied a degree prior to January 1, 1996, based on
20 the failure of at least one subtest of the CLAST may use
21 either of the alternatives specified in this subsection for
22 receipt of a degree if such student meets all degree program
23 requirements at the time of application for the degree under
24 the exemption provisions of this subsection. This section does
25 not require a student to take the CLAST before being given the
26 opportunity to use any of the alternatives specified in this
27 subsection. The exemptions provided herein do not apply to
28 requirements for certification as provided in s. 231.17.
29 Section 11. Notwithstanding subsection (7) of section
30 3 of chapter 2000-321, Laws of Florida, section 240.115,
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:
3 240.115 Articulation agreement; acceleration
4 mechanisms.--
5 (1)(a) Articulation between secondary and
6 postsecondary education; admission of associate in arts degree
7 graduates from Florida community colleges and state
8 universities; admission of applied technology diploma program
9 graduates from public community colleges or technical centers;
10 admission of technical associate in science degree and
11 associate in applied science degree graduates from Florida
12 community colleges; the use of acceleration mechanisms,
13 including nationally standardized examinations through which
14 students may earn credit; general education requirements and
15 statewide common course code numbers as provided for in s.
16 229.551(1); and articulation among programs in nursing shall
17 be governed by the articulation agreement, as established by
18 the State Board Department of Education. The articulation
19 agreement must specifically provide that every associate in
20 arts graduate of a Florida community college shall have met
21 all general education requirements and must be granted
22 admission to the upper division of a state university except
23 to a limited access or teacher certification program or a
24 major program requiring an audition. After admission has been
25 granted to students under provisions of this section and to
26 university students who have successfully completed 60 credit
27 hours of coursework, including 36 hours of general education,
28 and demonstrated college-level communication and computation
29 skills as required in met the requirements of s. 240.107,
30 admission shall be granted to state university State
31 University System and Florida community college students who
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1 have successfully completed 60 credit hours of work, including
2 36 hours of general education. Community college associate in
3 arts graduates shall receive priority for admission to a state
4 university over out-of-state students. Orientation programs
5 and student handbooks provided to freshman enrollees and
6 transfer students at state universities must include an
7 explanation of this provision of the articulation agreement.
8 (b) Any student who transfers among postsecondary
9 institutions that are fully accredited by a regional or
10 national accrediting agency recognized by the United States
11 Department of Education and that participate in the statewide
12 course numbering system common course designation and
13 numbering system shall be awarded credit by the receiving
14 institution for courses satisfactorily completed by the
15 student at the previous institutions. Credit shall be awarded
16 if the courses are judged by the appropriate statewide course
17 numbering system common course designation and numbering
18 system faculty committee task force representing school
19 districts, community colleges, public universities, and
20 participating nonpublic postsecondary education institutions
21 to be academically equivalent to courses offered at the
22 receiving institution, including equivalency of faculty
23 credentials, regardless of the public or nonpublic control of
24 the previous institution. The Department of Education shall
25 ensure that credits to be accepted by a receiving institution
26 are generated in courses for which the faculty possess
27 credentials that are comparable to those required by the
28 accrediting association of the receiving institution. The
29 award of credit may be limited to courses that are entered in
30 the statewide course numbering system common course
31 designation and numbering system. Credits awarded pursuant to
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1 this subsection shall satisfy institutional requirements on
2 the same basis as credits awarded to native students.
3 (c) The articulation agreement must guarantee the
4 statewide articulation of appropriate workforce development
5 programs and courses between school districts and community
6 colleges and specifically provide that every applied
7 technology diploma graduate must be granted the same amount of
8 credit upon admission to a technical an associate in science
9 degree or associate in applied science degree program unless
10 it is a limited access program. Preference for admission must
11 be given to graduates who are residents of Florida.
12 (d) By fall semester 1998, The articulation agreement
13 must guarantee the statewide articulation of appropriate
14 courses within associate in science degree programs to
15 baccalaureate degree programs, according to standards
16 established by the Articulation Coordinating Committee after
17 consultation with the Division of Colleges and Universities
18 and the Division of Board of Regents and the State Board of
19 Community Colleges. Courses within an associate in applied
20 science degree program may articulate into a baccalaureate
21 degree program on an individual or block basis as authorized
22 in local interinstitutional articulation agreements.
23 (e) The Commissioner of Education, in conjunction with
24 the Florida Partnership for School Readiness, the Council for
25 Education Policy Research and Improvement Postsecondary
26 Education Planning Commission, and the Education Standards
27 Commission, shall conduct a statewide assessment to determine
28 the extent and nature of instruction for those who work or are
29 training to work in the fields of child care and early
30 childhood education, as well as an assessment of the market
31 demand for individuals trained at various levels. Based on
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1 this assessment, the Articulation Coordinating Committee shall
2 establish an articulated career path for school
3 readiness-related professions, which shall lead from
4 entry-level employment in child care and early childhood
5 education to a baccalaureate degree. The career path shall
6 provide for the articulation of:
7 1. Technical Vocational credit to college credit for
8 associate in science degrees;
9 2. Credit earned in associate in science or associate
10 in arts degree programs to credit in baccalaureate degree
11 programs;
12 3. Credit awarded by public and private institutions;
13 and
14 4. Credit for experiential learning associated with
15 minimum training requirements for employment. The Articulation
16 Coordinating Committee shall ensure that the articulation of
17 such credit does not jeopardize the receiving institution's
18 accreditation status.
19
20 Before the printing of the catalog for the fall semester 2002,
21 The articulation agreement must guarantee the statewide
22 articulation of appropriate coursework as established in the
23 career path.
24 (2) The universities, community colleges college
25 district boards of trustees, and school districts may district
26 school boards are authorized to establish intrainstitutional
27 and interinstitutional programs to promote maximize this
28 articulation. Programs may include upper-division-level
29 courses offered at the community college, distance education
30 learning, transfer agreements that facilitate the transfer of
31 credits between public and nonpublic postsecondary
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1 institutions, and the concurrent enrollment of students at a
2 community college and a state university to enable students to
3 take any level of baccalaureate degree coursework. If these
4 programs conflict with Should the establishment of these
5 programs necessitate the waiver of existing State Board of
6 Education rules or require the, reallocation of funds, or
7 revision or modification of student fees, each college or
8 university shall submit the proposed articulation program to
9 the State Board of Education for review and approval. The
10 State Board of Education may is authorized to waive its rules
11 and make appropriate reallocations, revisions, or
12 modifications to support articulation innovations in
13 accordance with the above.
14 (3) The universities and boards of trustees of the
15 community colleges and universities shall identify their core
16 curricula, including which shall include courses required by
17 the State Board of Education. The universities and community
18 colleges shall work with their school districts to assure that
19 high school curricula coordinate with the core curricula and
20 to prepare students for college-level work. The State Board of
21 Education shall adopt in rule core curricula for associate in
22 arts programs, including shall be adopted in rule by the State
23 Board of Education and shall include 36 semester hours of
24 general education courses in the subject areas of
25 communication, mathematics, social sciences, humanities, and
26 natural sciences. By January 1, 1996, General education
27 coursework shall be identified by statewide common course code
28 numbers, consistent with the recommendations of the
29 Articulation Coordinating Committee, pursuant to s.
30 229.551(1)(f)4. By fall semester 1996, degree program
31 prerequisite courses and course substitutions shall be
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1 available at community colleges. With the exception of
2 programs approved by the Board of Regents pursuant to s.
3 240.209(5)(f), Degree program prerequisite courses shall be
4 common across delivery systems, available at community
5 colleges, and shall be identified by their statewide common
6 course code number consistent with the recommendations of the
7 Articulation Coordinating Committee, pursuant to s.
8 229.551(1)(f)5. A college or university may not offer any
9 unique program or program prerequisite unless it is
10 recommended by the Articulation Coordinating Committee and
11 approved by the State Board of Education or the director of
12 the Division of Colleges and Universities, if the board
13 delegates that responsibility.
14 (4) The levels of postsecondary education shall
15 collaborate in further developing and providing articulated
16 programs in which students can proceed toward their
17 educational objectives as rapidly as their circumstances
18 permit. Time-shortened educational programs, as well as the
19 use of acceleration mechanisms, shall include, but not be
20 limited to, the International Baccalaureate, credit by
21 examination or demonstration of competency, advanced
22 placement, early admissions, and dual enrollment.
23 (4)(5) By fall semester of 1995, Each state university
24 and community college shall offer to all students each
25 semester, prior to drop-add, nationally standardized
26 examinations listed in the articulation agreement, or
27 institutionally developed examinations, through which students
28 may earn credit in those general subject areas which are
29 required or may be applied toward general education
30 requirements for a baccalaureate degree at that university or
31 associate degree at the community college. A student
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1 satisfactorily completing such examinations shall receive full
2 credit for the course the same as if it had been taken,
3 completed, and passed.
4 (5)(6) An associate in arts degree requires shall
5 require no more than 60 semester hours of college credit,
6 including 36 semester hours of general education coursework.
7 Except for college-preparatory coursework required pursuant to
8 s. 240.117, all required coursework shall count toward the
9 associate in arts degree or the baccalaureate degree. By fall
10 semester of 1996, A baccalaureate degree program requires
11 shall require no more than 120 semester hours of college
12 credit, including 36 semester hours of general education
13 coursework, unless prior approval has been granted by the
14 State Board of Education or the director of the Division of
15 Colleges and Universities if the board delegates that
16 responsibility Board of Regents. Of the credit hours in
17 courses required for each baccalaureate degree, a student must
18 be able to earn at least half through courses designated as
19 lower-division courses, except in degree programs approved by
20 the State Board of Education or the director of the Division
21 of Colleges and Universities, if the board delegates that
22 responsibility. Any community college may offer a course
23 designated as lower division.
24 (6)(7) A student who received an associate in arts
25 degree for successfully completing 60 semester credit hours
26 may continue to earn additional credits at a community
27 college. The university must provide credit toward the
28 student's baccalaureate degree for an additional community
29 college course if, according to the statewide course numbering
30 common course numbering and designation system, the community
31 college course is a course listed in the university catalog as
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1 required for the degree or as prerequisite to a course
2 required for the degree.
3 Section 12. Notwithstanding subsection (7) of section
4 3 of chapter 2000-321, Laws of Florida, section 240.116,
5 Florida Statutes, shall not stand repealed January 7, 2003, as
6 scheduled by that law, but that section, as amended by section
7 6 of chapter 2001-254, Laws of Florida, is reenacted and
8 amended to read:
9 240.116 Articulated acceleration.--
10 (1) It is the intent of the Legislature that a variety
11 of Articulated acceleration mechanisms should be widely be
12 available for secondary and postsecondary students attending
13 public educational institutions. It is intended that
14 articulated acceleration serve to shorten the time needed to
15 earn necessary for a student to complete the requirements
16 associated with the conference of a high school diploma and a
17 postsecondary degree, broaden the scope of curricular options
18 available to students, or increase the depth of study
19 available for a particular subject. Eligible It is the intent
20 of the Legislature that students who meet the eligibility
21 requirements of this subsection and who choose to participate
22 in dual enrollment programs, including early admissions
23 programs, are be exempt from the payment of registration,
24 matriculation, and laboratory fees. Annually, the Legislature
25 shall reimburse Such fees for dually enrolled students shall
26 be reimbursed to participating postsecondary institutions as
27 provided annually in the General Appropriations Act; however,
28 a postsecondary institution that earns dual enrollment FTE
29 funds from the Florida Education Finance Program as a charter
30 school is not shall not be eligible for the tuition
31 reimbursement. Articulated acceleration mechanisms shall
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1 include at least, but not be limited to, dual enrollment,
2 early admission, advanced placement, credit by examination,
3 and the International Baccalaureate Program. A student is
4 exempt from the payment of any fees for administration of an
5 examination required to earn college credit after enrollment
6 in an advanced placement or International Baccalaureate
7 Program. The State Board of Education shall adopt rules for
8 any dual enrollment programs involving requirements for high
9 school graduation.
10 (2)(a)1. The dual enrollment program is the enrollment
11 of an eligible secondary student in a postsecondary course
12 creditable toward a technical vocational certificate or an
13 associate or baccalaureate degree. For the purpose of this
14 subparagraph, an eligible secondary student is a student who
15 is enrolled in a Florida public secondary school or in a
16 Florida nonpublic secondary school that which is in compliance
17 with s. 229.808 and conducts a secondary curriculum pursuant
18 to s. 232.246. A student may Students enrolled in
19 postsecondary instruction that is not creditable toward the
20 high school diploma shall not be classified as a dual
21 enrollment student unless the student's postsecondary course
22 work provides credit toward the high school diploma
23 enrollments. Eligible students may who are eligible for dual
24 enrollment pursuant to this section shall be permitted to
25 enroll in dual enrollment courses regardless of whether they
26 are conducted during school hours, after school hours, or and
27 during the summer term. Instructional time for such enrollment
28 may exceed 900 hours; however, the school district may only
29 report the student for a maximum of 1.0 FTE, as provided in s.
30 236.013(5). The following courses are not dual enrollment
31 courses: Any student so enrolled is exempt from the payment of
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1 registration, matriculation, and laboratory fees. With the
2 exception of vocational-preparatory instruction,
3 college-preparatory instruction, any and other forms of
4 precollegiate instruction, and as well as physical education
5 or recreation and leisure studies courses that focus on the
6 physical execution of a skill rather than the intellectual
7 attributes of the activity, are ineligible for inclusion in
8 the dual enrollment program. Recreation and leisure studies
9 courses shall be evaluated individually in the same manner as
10 physical education courses for potential inclusion in the
11 program.
12 2. The Department of Education shall adopt guidelines
13 designed to achieve comparability across school districts of
14 both student qualifications and teacher qualifications for
15 dual enrollment courses. A qualified student qualifications
16 must demonstrate readiness for the level of coursework in
17 which the student wishes to enroll college-level coursework if
18 the student is to be enrolled in college courses. The
19 interinstitutional articulation agreement must identify any
20 additional participation requirements, such as specific
21 grade-point averages. Student qualifications must demonstrate
22 readiness for vocational-level coursework if the student is to
23 be enrolled in vocational courses. In addition to the common
24 placement examination, student qualifications for enrollment
25 in college credit dual enrollment courses must include a 3.0
26 unweighted grade point average, and student qualifications for
27 enrollment in vocational certificate dual enrollment courses
28 must include a 2.0 unweighted grade point average. Exceptions
29 to the required grade point averages may be granted if the
30 educational entities agree and the terms of the agreement are
31 contained within the dual enrollment interinstitutional
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1 articulation agreement. Community college boards of trustees
2 may establish additional admissions criteria, which shall be
3 included in the district interinstitutional articulation
4 agreement developed according to s. 240.1161, to ensure
5 student readiness for postsecondary instruction. Additional
6 requirements included in the agreement may shall not
7 arbitrarily prohibit students who have demonstrated the
8 ability to master advanced courses from participating in dual
9 enrollment courses. School districts may not refuse to enter
10 into an agreement with a local community college if that
11 community college has the capacity to offer dual enrollment
12 courses.
13 (b) Vocational Dual enrollment in career and technical
14 education programs is shall be provided as a curricular option
15 for secondary students who seek to pursue in order to earn a
16 series of elective credits toward the high school diploma.
17 However, vocational dual enrollment shall not permit a student
18 to bypass the high school supplant student acquisition of the
19 diploma. Vocational Dual enrollment shall be available for
20 secondary students seeking a degree or a career and technical
21 education credential certificate from a complete
22 job-preparatory program, but shall not sustain student
23 enrollment in isolated technical vocational courses. Student
24 enrollment in a dual enrollment program should reflect the
25 interests and aptitudes of the student. The Legislature
26 supports It is the intent of the Legislature that vocational
27 dual enrollment be implemented as a positive measure. The
28 provision of a comprehensive academic and technical vocational
29 dual enrollment program within the technical
30 vocational-technical center or community college, but such a
31
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1 program is supportive of legislative intent; however, such
2 provision is not mandatory.
3 (c)1. Each school district shall inform all secondary
4 students of dual enrollment as an educational option and
5 mechanism for acceleration. Students shall be informed of
6 eligibility criteria, the option for taking dual enrollment
7 courses beyond the regular school year, and the 24 minimum
8 academic credits required for graduation. School districts
9 shall annually assess the demand for dual enrollment and other
10 advanced courses, and the district school board shall consider
11 strategies and programs to meet that demand.
12 2. The Articulation Coordinating Committee shall
13 develop a statement on transfer guarantees which will inform
14 students, prior to enrollment in a dual enrollment course, of
15 the potential for the dual enrollment course to articulate as
16 an elective or a general education course into a postsecondary
17 education certificate or degree program. The statement shall
18 be provided to each district superintendent of schools, who
19 shall include the statement in the information provided to all
20 secondary students as required pursuant to this paragraph. The
21 statement may also include additional information including,
22 but not limited to, dual enrollment options, guarantees,
23 privileges, and responsibilities.
24 3. In calculating grade point averages or weighting
25 grades, a school district may not discriminate against dual
26 enrollment foreign language courses and dual enrollment
27 courses that meet high school graduation requirements in the
28 four academic core areas of language arts, mathematics,
29 science, and social studies, as determined by the Articulation
30 Coordinating Committee. School districts, community colleges,
31 and universities must weigh these dual enrollment courses the
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1 same as honors, advanced placement, or international
2 baccalaureate courses when calculating grade point averages
3 for any purpose.
4 4. The commissioner may approve dual enrollment
5 agreements for limited course offerings that have statewide
6 appeal.
7 (3) Early admission is shall be a form of dual
8 enrollment through which eligible secondary students enroll in
9 a postsecondary institution on a full-time basis in courses
10 that are creditable toward the high school diploma and the
11 associate or baccalaureate degree. Students enrolled pursuant
12 to this subsection shall be exempt from the payment of
13 registration, matriculation, and laboratory fees.
14 (4) Early admission in career and technical education
15 programs is a form of dual enrollment through which eligible
16 secondary students enroll full time in a technical center or a
17 community college in courses that are creditable toward the
18 high school diploma and a technical certificate or associate
19 degree. Early admission into a career and technical education
20 program is limited to students who have completed a minimum of
21 six semesters of full-time secondary enrollment, including
22 studies undertaken in the ninth grade. Students enrolled in
23 dual enrollment or early admissions are exempt from
24 registration, matriculation, and laboratory fees.
25 (5)(4) Advanced placement shall be the enrollment of
26 an eligible secondary student in a course offered through the
27 Advanced Placement Program administered by the College Board.
28 Postsecondary credit for an advanced placement course shall be
29 limited to students who score a minimum of 3, on a 5-point
30 scale, on the corresponding Advanced Placement Examination.
31 The Articulation Coordinating Committee shall determine the
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1 specific courses for which students receive such credit shall
2 be determined by the community college or university that
3 accepts the student for admission. Students enrolled pursuant
4 to this subsection shall be exempt from the payment of any
5 fees for administration of the examination.
6 (6)(5) Credit by examination is shall be the program
7 through which secondary and postsecondary students generate
8 postsecondary credit based on the receipt of a specified
9 minimum score on nationally standardized general or
10 subject-area examinations. For the purpose of statewide
11 application, such examinations and the corresponding minimum
12 scores required for an award of credit must be listed shall be
13 delineated by the State Board of Education in the statewide
14 articulation agreement. A student may not generate additional
15 credit by examination if the student has already taken and
16 passed a postsecondary course whose content is covered by the
17 examination. The maximum credit generated by a student
18 pursuant to this subsection shall be mitigated by any related
19 postsecondary credit earned by the student prior to the
20 administration of the examination. This subsection shall not
21 preclude Community colleges and universities may also award
22 from awarding credit by examination based on student
23 performance on examinations developed within and recognized by
24 the individual postsecondary institutions.
25 (7)(6) The International Baccalaureate Program is
26 shall be the curriculum in which eligible secondary students
27 are enrolled in a program of studies offered through the
28 International Baccalaureate Program administered by the
29 International Baccalaureate Office. The State Board of
30 Education shall establish rules which specify the cutoff
31 scores and International Baccalaureate Examinations that which
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1 will be used to grant postsecondary credit at community
2 colleges and universities. If the board raises Any such rules,
3 which have the effect of raising the required cutoff score or
4 changes of changing the correlation of the International
5 Baccalaureate Examinations and which will be used to grant
6 postsecondary credit, that action applies shall only apply to
7 students who take the examination after the change is made
8 taking International Baccalaureate Examinations after such
9 rules are adopted by the State Board of Education. Students
10 may earn shall be awarded a maximum of 30 semester credit
11 hours through the International Baccalaureate Program pursuant
12 to this subsection. The Articulation Coordinating Committee
13 shall determine the specific course for which a student
14 receives such credit shall be determined by the community
15 college or university that accepts the student for admission.
16 Students enrolled in an International Baccalaureate Program
17 are pursuant to this subsection shall be exempt from the
18 payment of any fees for administration of the examinations.
19 During the 1997-1998, 1998-1999, and 1999-2000 school years,
20 the Department of Education shall assist up to three school
21 districts in conducting a pilot of the Advanced International
22 Certificate of Education Program administered by the
23 University of Cambridge Local Examinations Syndicate. The
24 department shall produce an evaluation report and
25 recommendations regarding the comparability of the Advanced
26 International Certificate of Education Program to the
27 International Baccalaureate Program and submit the report to
28 the President of the Senate and the Speaker of the House of
29 Representatives on or before October 1, 2000.
30 (8)(7)(a) It is the intent of the Legislature to
31 provide articulated acceleration mechanisms for students who
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1 are in home education programs, as defined in s. 228.041(34),
2 consistent with the educational opportunities available to
3 public and private secondary school students. Home education
4 students may participate in dual enrollment for college credit
5 or technical credit, vocational dual enrollment, early
6 admission, and credit by examination. Credit earned by home
7 education students through dual enrollment applies shall apply
8 toward the completion of a home education program that meets
9 the requirements of s. 232.0201.
10 (b) The dual enrollment program for home education
11 students consists of the enrollment of an eligible home
12 education secondary student in a postsecondary course
13 creditable toward an associate degree, a technical vocational
14 certificate, or a baccalaureate degree. To participate in the
15 dual enrollment program, an eligible home education secondary
16 student must:
17 1. Provide proof of enrollment in a home education
18 program pursuant to s. 232.0201.
19 2. Be responsible for his or her own instructional
20 materials and transportation unless provided for otherwise.
21 (c) Each community college and each state university
22 shall:
23 1. Delineate courses and programs for dually enrolled
24 home education students. Courses and programs may be added,
25 revised, or deleted at any time.
26 2. Identify eligibility criteria for home education
27 student participation, not to exceed those required of other
28 dually enrolled students.
29 (9)(8) The State Board of Education may adopt rules
30 necessary to implement the provisions of this section pursuant
31 to ss. 120.536(1) and 120.54.
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1 Section 13. Notwithstanding subsection (7) of section
2 3 of chapter 2000-321, Laws of Florida, section 240.1161,
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:
6 240.1161 District interinstitutional articulation
7 agreements.--
8 (1) Superintendents of schools and community college
9 presidents shall jointly develop and implement a comprehensive
10 articulated acceleration program for the students enrolled in
11 their respective school districts and service areas. Within
12 this general responsibility, each superintendent and president
13 shall develop a comprehensive interinstitutional articulation
14 agreement for the school district and community college that
15 serves the school district. The superintendent and president
16 shall establish an articulation committee for the purpose of
17 developing this agreement. Each state university president is
18 encouraged to designate a university representative to
19 participate in the development of the interinstitutional
20 articulation agreements for each school district within the
21 university service area.
22 (2) The district interinstitutional articulation
23 agreement for each school year must be completed before high
24 school registration for the fall term of the following school
25 year. The agreement must include, but is not limited to, the
26 following components:
27 (a) A ratification or modification of all existing
28 articulation agreements.
29 1. A delineation of the requirements for participation
30 in the dual enrollment program. These requirements must
31 include passing the common placement examination and earning
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1 at least an unweighted grade-point average of 3.0 for college
2 credit dual enrollment or 2.0 for technical credit dual
3 enrollment. Exceptions to the grade-point-average requirement
4 are allowed if the educational agencies agree and the terms of
5 the agreement are contained in the dual enrollment
6 interinstitutional articulation agreement.
7 2.1. A delineation of courses and programs available
8 to students eligible to participate in dual enrollment. This
9 delineation must include a plan for the community college to
10 provide guidance services to participating students on the
11 selection of courses in the dual enrollment program. The
12 process of community college guidance should make maximum use
13 of the Statewide Student Advisement System and any other
14 automated advisement systems used by public and nonpublic
15 colleges and universities automated advisement system for
16 community colleges. The plan must assure that each dual
17 enrollment student is encouraged to identify a postsecondary
18 education objective with which to guide the course selection.
19 At a minimum, each student's plan should include a list of
20 courses that will result in an Applied Technology Diploma, an
21 Associate in Science degree, or an Associate in Arts degree.
22 If the student identifies a baccalaureate degree as the
23 objective, the plan must include courses that will meet the
24 general education requirements and any prerequisite
25 requirements for entrance into a selected baccalaureate degree
26 program.
27 3.2. A delineation of the process by which students
28 and their parents are informed about opportunities to
29 participate in articulated acceleration programs.
30
31
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1 4.3. A delineation of the process by which students
2 and their parents exercise their option to participate in an
3 articulated acceleration program.
4 4. A delineation of high school credits earned for
5 completion of each dual enrollment course.
6 5. Provision for postsecondary courses that meet the
7 criteria for inclusion in a district articulated acceleration
8 program to be counted toward meeting the graduation
9 requirements of s. 232.246.
10 6. An identification of eligibility criteria for
11 student participation in dual enrollment courses and programs.
12 7. A delineation of institutional responsibilities
13 regarding student screening prior to enrollment and monitoring
14 student performance subsequent to enrollment in dual
15 enrollment courses and programs.
16 8. An identification of the criteria by which the
17 quality of dual enrollment courses and programs are to be
18 judged and a delineation of institutional responsibilities for
19 the maintenance of instructional quality.
20 9. A delineation of institutional responsibilities for
21 assuming the cost of dual enrollment courses and programs that
22 includes such responsibilities for student instructional
23 materials.
24 10. An identification of responsibility for providing
25 student transportation if the dual enrollment instruction is
26 conducted at a facility other than the high school campus.
27 11. A delineation of high school credits earned for
28 completion of each dual enrollment course, the process for
29 converting college credit hours earned through dual enrollment
30 and early admission programs to high school credit based on
31
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1 mastery of course outcomes as determined by the Articulation
2 Coordinating Committee in accordance with s. 229.551(1)(f)6.
3 (c) Mechanisms and strategies for reducing the
4 incidence of postsecondary remediation in math, reading, and
5 writing for first-time-enrolled recent high school graduates,
6 based upon all available data on graduates' performance in
7 college and the workplace the findings in the postsecondary
8 readiness-for-college report produced pursuant to s. 240.118.
9 Each articulation committee shall annually analyze and assess
10 the effectiveness of the mechanisms toward meeting the goal of
11 reducing postsecondary remediation needs. Results of the
12 assessment shall be annually presented to participating
13 district school boards and community college boards of
14 trustees. and shall include, but not be limited to:
15 1. Mechanisms currently being initiated.
16 2. An analysis of problems and corrective actions.
17 3. Anticipated outcomes.
18 4. Strategies for the better preparation of students
19 upon graduation from high school.
20 5. An analysis of costs associated with the
21 implementation of postsecondary remedial education and
22 secondary-level corrective actions.
23 6. The identification of strategies for reducing costs
24 of the delivery of postsecondary remediation for recent high
25 school graduates, including the consideration and assessment
26 of alternative instructional methods and services such as
27 those produced by private providers.
28
29 Wherever possible, public schools and community colleges are
30 encouraged to share resources, form partnerships with private
31 industries, and implement innovative strategies and mechanisms
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1 such as distance education learning, summer student and
2 faculty workshops, parental involvement activities, and the
3 distribution of information over the Internet. The Legislature
4 may provide performance incentive funds for the effective
5 implementation of remedial reduction plans developed and
6 implemented pursuant to this paragraph. The district
7 interinstitutional articulation agreement shall include a plan
8 that outlines the mechanisms and strategies for improving the
9 preparation of elementary, middle, and high school teachers.
10 Effective collaboration among school districts, postsecondary
11 institutions, and practicing educators is essential to
12 improving teaching in Florida's elementary and secondary
13 schools and consequently, the retention and success of
14 students through high school graduation and into postsecondary
15 education. Professional development programs shall be
16 developed cooperatively and include curricular content which
17 focuses upon local and state needs and responds to state,
18 national, and district policy and program priorities. School
19 districts and community colleges are encouraged to develop
20 plans which utilize new technologies, address critical needs
21 in their implementation, and include both preservice and
22 inservice initiatives.
23 (d) Mechanisms and strategies for promoting "tech
24 prep" programs of study. Such mechanisms should raise
25 awareness about the programs, promote enrollment in the
26 programs, and articulate students from a secondary portion
27 into a planned, related postsecondary portion of a sequential
28 program of study that leads to a terminal postsecondary
29 vocational or technical education degree or certificate.
30 (3) The superintendent of schools is responsible for
31 incorporating, either directly or by reference, all dual
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1 enrollment courses contained within the district
2 interinstitutional articulation agreement within the district
3 pupil progression plan.
4 (4) The Articulation Coordinating Committee shall
5 review each articulation agreement and certify the statewide
6 common course code number of postsecondary courses that meet
7 each district's graduation requirements.
8 (5) School districts and community colleges may enter
9 into additional interinstitutional articulation agreements
10 with state universities for the purposes of this section.
11 School districts may also enter into interinstitutional
12 articulation agreements with eligible independent colleges and
13 universities pursuant to s. 236.081(1)(g). State universities
14 and community colleges may enter into interinstitutional
15 articulation agreements with nonpublic secondary schools
16 pursuant to s. 240.116.
17 (6) The Articulation Coordinating Committee shall
18 approve any course for inclusion in the dual enrollment
19 program that is contained within the statewide common course
20 designation and numbering system. However,
21 college-preparatory and other forms of precollegiate
22 instruction, and physical education and other courses that
23 focus on the physical execution of a skill rather than the
24 intellectual attributes of the activity, may not be so
25 approved, but must be evaluated individually for potential
26 inclusion in the dual enrollment program.
27 (7) The Department of Education shall provide the
28 Articulation Coordinating Committee with the staff support and
29 resources necessary to administer the requirements implement
30 the provisions of this section.
31
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1 (8) The State Board of Education may adopt rules
2 necessary to implement the provisions of this section pursuant
3 to ss. 120.536(1) and 120.54.
4 Section 14. Notwithstanding subsection (7) of section
5 3 of chapter 2000-321, Laws of Florida, section 240.1162,
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:
9 240.1162 Articulation accountability process.--The
10 State Board of Education shall develop articulation
11 accountability measures which assess the status of systemwide
12 articulation processes authorized under s. 240.115. The State
13 Board of Education shall establish an articulation
14 accountability process which at a minimum shall address:
15 (1) The impact of articulation processes on ensuring
16 educational continuity and the orderly and unobstructed
17 transition of students between public secondary and
18 postsecondary education systems and between the public and
19 independent sectors.
20 (2) The adequacy of preparation of public secondary
21 students to smoothly articulate to a public postsecondary
22 institution.
23 (3) The effectiveness of articulated acceleration
24 mechanisms available to secondary students.
25 (4) The smooth transfer of community college associate
26 in arts degree graduates to a state university.
27 (5) An examination of degree requirements which exceed
28 the parameters of 60 credit hours for an associate degree and
29 120 hours for a baccalaureate degree in public postsecondary
30 programs.
31
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1 (6) The relationship between the College Level
2 Academic Skills Test Program and articulation to the upper
3 division in public postsecondary institutions.
4 Section 15. Notwithstanding subsection (7) of section
5 3 of chapter 2000-321, Laws of Florida, section 240.1163,
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:
9 240.1163 Joint dual enrollment and advanced placement
10 instruction.--
11 (1) Each school district, community college, and state
12 university may conduct advanced placement instruction within
13 dual enrollment courses. Each joint dual enrollment and
14 advanced placement course shall be incorporated within and
15 subject to the provisions of the district interinstitutional
16 articulation agreement pursuant to s. 240.1161. Such agreement
17 shall certify that each joint dual enrollment and advanced
18 placement course integrates, at a minimum, the course
19 structure recommended by the College Board and the structure
20 that corresponds to the statewide common course number.
21 (2) Each student enrolled in a joint dual enrollment
22 and advanced placement course may be funded pursuant to either
23 the dual enrollment or advanced placement formula specified in
24 s. 236.081; however, no student shall be funded through both
25 programs for enrollment in a course provided through this
26 section. The district school board reporting enrollments for
27 such courses shall utilize the funding formula that more
28 closely approximates the cost of conducting the course. No
29 student shall be reported for advanced placement funding who
30 fails to meet the examination requirement for such funding.
31
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1 (3) Postsecondary credit for student completion of a
2 joint dual enrollment and advanced placement course shall be
3 awarded, based on the stated preference of the student, as
4 either dual enrollment or advanced placement credit; however,
5 an award of advanced placement credit shall be limited to
6 students who score a minimum of 3, on a 5-point scale, on the
7 Advanced Placement Examination. No student shall claim double
8 credit based on the completion of a single joint dual
9 enrollment and advanced placement course, nor shall any
10 student enrolled pursuant to this section be required to
11 complete the Advanced Placement Examination.
12 (4) School districts and community colleges must weigh
13 college-level dual enrollment courses the same as honors
14 courses and advanced placement courses when grade point
15 averages are calculated. Alternative grade calculation or
16 weighting systems that discriminate against dual enrollment
17 courses are prohibited.
18 (5) The Commissioner of Education may approve dual
19 enrollment agreements for limited course offerings that have
20 statewide appeal. Such programs shall be limited to a single
21 site with multiple county participation.
22 Section 16. Notwithstanding subsection (7) of section
23 3 of chapter 2000-321, Laws of Florida, section 240.117,
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:
27 240.117 Common placement testing for public
28 postsecondary education.--
29 (1) The State Board of Education shall develop and
30 implement a common placement test to assess for the purpose of
31 assessing the basic computation and communication skills of
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1 students who intend to enter a degree program at any public
2 community college or state university. The State Board of
3 Education shall adopt rules which enable the community
4 colleges and state universities to implement appropriate
5 modifications of the test instruments or test procedures for
6 students with disabilities.
7 (2) The common placement testing program shall include
8 at a minimum the following: the capacity to diagnose basic
9 competencies in the areas of English, reading, and mathematics
10 which are essential to perform college-level work;
11 prerequisite skills that relate to progressively advanced
12 instruction in mathematics, such as algebra and geometry;
13 prerequisite skills that relate to progressively advanced
14 instruction in language arts, such as English composition and
15 literature; prerequisite skills which relate to the College
16 Level Academic Skills Test (CLAST); and provision of test
17 information to students on the specific deficiencies.
18 (3) The Articulation Coordinating Committee shall
19 recommend and the State Board of Education shall adopt rules
20 that would require high schools to give the common placement
21 test prescribed in this section, or an equivalent test
22 identified by the State Board of Education, at the beginning
23 of the tenth grade year before enrollment in the eleventh
24 grade year in public high school for the purpose of obtaining
25 remedial instruction prior to entering public postsecondary
26 education.
27 (4)(a) Community college or state university students
28 who have been identified as requiring additional preparation
29 pursuant to subsection (1) shall enroll in college-preparatory
30 or other adult education pursuant to s. 239.301 in community
31 colleges to develop needed college-entry skills. These
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1 students shall be permitted to take courses within their
2 degree program concurrently in other curriculum areas for
3 which they are qualified while enrolled in college-preparatory
4 instruction courses. A student enrolled in a
5 college-preparatory course may concurrently enroll only in
6 college credit courses that do not require the skills
7 addressed in the college-preparatory course. The Articulation
8 Coordinating Committee shall recommend and the State Board of
9 Education Community Colleges shall specify the college credit
10 courses that are acceptable for students enrolled in each
11 college-preparatory skill area, pursuant to s. 240.311(3)(q).
12 A student who wishes to earn an associate in arts or a
13 baccalaureate degree, but who is required to complete a
14 college-preparatory course, must successfully complete the
15 required college-preparatory studies by the time the student
16 has accumulated 12 hours of lower-division college credit
17 degree coursework; however, a student may continue enrollment
18 in degree-earning coursework provided the student maintains
19 enrollment in college-preparatory coursework for each
20 subsequent semester until college-preparatory coursework
21 requirements are completed, and the student demonstrates
22 satisfactory performance in degree-earning coursework. To
23 complete college-preparatory studies, a student must earn a
24 passing score on a standardized, institutionally developed
25 test of must be achieved before a student is considered to
26 have met basic computation and communication skills
27 requirements; however, a no student is not shall be required
28 to retake any test or subtest that the student has already was
29 previously passed by said student. If a student enrolls shall
30 be funded to enroll in the same college-preparatory course
31 more than class within a skill area only twice, after which
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1 time the student shall pay 100 percent of the full cost of
2 instruction to support continuous enrollment of that student
3 in the same class and such student shall not be included in
4 calculations of full-time equivalent enrollments for state
5 funding purposes; however, students who withdraw or fail a
6 class due to extenuating circumstances may be granted an
7 exception only once for each class, provided approval is
8 granted according to policy established by the board of
9 trustees. Each community college may shall have the authority
10 to review and reduce fees paid by individual students who need
11 to continue due to continued enrollment in a
12 college-preparatory class and who have on an individual basis
13 contingent upon the student's financial hardship, pursuant to
14 definitions and fee levels established by the board of
15 trustees State Board of Community Colleges. Credit awarded for
16 college-preparatory instruction may not be counted towards
17 fulfilling the number of credits required for a degree.
18 (b) The administrators of a state university may
19 contract with a community college board of trustees for the
20 community college to provide such instruction on the state
21 university campus. Any state university in which the
22 percentage of incoming students requiring college-preparatory
23 instruction equals or exceeds the average percentage of such
24 students for the community college system may offer
25 college-preparatory instruction without contracting with a
26 community college; however, any state university offering
27 college-preparatory instruction as of January 1, 1996, may
28 continue to provide such services.
29 (5) A student may not be enrolled in a dual-enrollment
30 college credit mathematics or English course on a dual
31 enrollment basis unless the student has demonstrated adequate
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1 precollegiate preparation on the appropriate section of the
2 basic computation and communication skills assessment required
3 pursuant to subsection (1) that is appropriate for successful
4 student participation in the course.
5 Section 17. Notwithstanding subsection (7) of section
6 3 of chapter 2000-321, Laws of Florida, section 240.118,
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:
10 240.118 Postsecondary feedback of information to high
11 schools.--
12 (1) The State Board of Education shall adopt rules
13 that require the Commissioner of Education to report to the
14 State Board of Education, the Legislature, and the school
15 districts on the performance of each
16 first-time-in-postsecondary education student from each public
17 high school in this state who is enrolled in a university,
18 community college, or public technical center. Such reports
19 must be based on information databases maintained by the
20 Division of Colleges and Universities, Division of Community
21 Colleges, and Division of Workforce Development. In addition,
22 the universities, community colleges, and technical centers
23 shall provide school districts access to information on
24 student performance in regular and preparatory courses and
25 shall indicate students referred for remediation pursuant to
26 s. 240.117 or s. 239.213.
27 (2) The Commissioner of Education shall report, by
28 high school, to the State Board of Education and the
29 Legislature, no later than November 31 of each year, on the
30 number of prior year Florida high school graduates who
31 enrolled for the first time in public postsecondary education
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1 in this state during the previous summer, fall, or spring
2 term, indicating the number of students whose scores on the
3 common placement test indicated the need for remediation
4 through college-preparatory or vocational-preparatory
5 instruction pursuant to s. 240.117 or s. 239.213.
6 (3) The Commissioner of Education shall organize
7 school summary reports and student-level records by school
8 district and high school in which the postsecondary education
9 students were enrolled and report the information to each
10 school district no later than January 31 of each year.
11 (4) As a part of the school improvement plan pursuant
12 to s. 229.592, the State Board of Education shall ensure that
13 each school district and high school develops strategies to
14 improve student readiness for the public postsecondary level
15 based on annual analysis of the feedback report data.
16 (5) The Commissioner of Education shall annually
17 recommend to the Legislature statutory changes to reduce the
18 incidence of postsecondary remediation in mathematics,
19 reading, and writing for first-time-enrolled recent high
20 school graduates.
21 Section 18. Notwithstanding subsection (7) of section
22 3 of chapter 2000-321, Laws of Florida, section 240.1201,
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:
26 240.1201 Determination of resident status for tuition
27 purposes.--Students shall be classified as residents or
28 nonresidents for the purpose of assessing tuition fees in
29 public community colleges and universities.
30 (1) As defined under this section:
31
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1 (a) The term "dependent child" means any person,
2 whether or not living with his or her parent, who is eligible
3 to be claimed by his or her parent as a dependent under the
4 federal income tax code.
5 (b) The term "institution of higher education" means
6 any of the constituent institutions under the jurisdiction of
7 the State University System or the Florida Community College
8 System.
9 (c) A "legal resident" or "resident" is a person who
10 has maintained his or her residence in this state for the
11 preceding year, has purchased a home which is occupied by him
12 or her as his or her residence, or has established a domicile
13 in this state pursuant to s. 222.17.
14 (d) The term "parent" means the natural or adoptive
15 parent or legal guardian of a dependent child.
16 (e) A "resident for tuition purposes" is a person who
17 qualifies as provided in subsection (2) for the in-state
18 tuition rate; a "nonresident for tuition purposes" is a person
19 who does not qualify for the in-state tuition rate.
20 (2)(a) To qualify as a resident for tuition purposes:
21 1. A person or, if that person is a dependent child,
22 his or her parent or parents must have established legal
23 residence in this state and must have maintained legal
24 residence in this state for at least 12 months immediately
25 prior to his or her qualification.
26 2. Every applicant for admission to an institution of
27 higher education shall be required to make a statement as to
28 his or her length of residence in the state and, further,
29 shall establish that his or her presence or, if the applicant
30 is a dependent child, the presence of his or her parent or
31 parents in the state currently is, and during the requisite
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1 12-month qualifying period was, for the purpose of maintaining
2 a bona fide domicile, rather than for the purpose of
3 maintaining a mere temporary residence or abode incident to
4 enrollment in an institution of higher education.
5 (b) However, with respect to a dependent child living
6 with an adult relative other than the child's parent, such
7 child may qualify as a resident for tuition purposes if the
8 adult relative is a legal resident who has maintained legal
9 residence in this state for at least 12 months immediately
10 prior to the child's qualification, provided the child has
11 resided continuously with such relative for the 5 years
12 immediately prior to the child's qualification, during which
13 time the adult relative has exercised day-to-day care,
14 supervision, and control of the child.
15 (c) The legal residence of a dependent child whose
16 parents are divorced, separated, or otherwise living apart
17 will be deemed to be this state if either parent is a legal
18 resident of this state, regardless of which parent is entitled
19 to claim, and does in fact claim, the minor as a dependent
20 pursuant to federal individual income tax provisions.
21 (3) An individual shall not be classified as a
22 resident for tuition purposes and, thus, shall not be eligible
23 to receive the in-state tuition rate until he or she has
24 provided such evidence related to legal residence and its
25 duration as may be required by officials of the institution of
26 higher education from which he or she seeks the in-state
27 tuition rate.
28 (4) With respect to a dependent child, the legal
29 residence of such individual's parent or parents is prima
30 facie evidence of the individual's legal residence, which
31 evidence may be reinforced or rebutted, relative to the age
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1 and general circumstances of the individual, by the other
2 evidence of legal residence required of or presented by the
3 individual. However, the legal residence of an individual
4 whose parent or parents are domiciled outside this state is
5 not prima facie evidence of the individual's legal residence
6 if that individual has lived in this state for 5 consecutive
7 years prior to enrolling or reregistering at the institution
8 of higher education at which resident status for tuition
9 purposes is sought.
10 (5) In making a domiciliary determination related to
11 the classification of a person as a resident or nonresident
12 for tuition purposes, the domicile of a married person,
13 irrespective of sex, shall be determined, as in the case of an
14 unmarried person, by reference to all relevant evidence of
15 domiciliary intent. For the purposes of this section:
16 (a) A person shall not be precluded from establishing
17 or maintaining legal residence in this state and subsequently
18 qualifying or continuing to qualify as a resident for tuition
19 purposes solely by reason of marriage to a person domiciled
20 outside this state, even when that person's spouse continues
21 to be domiciled outside of this state, provided such person
22 maintains his or her legal residence in this state.
23 (b) A person shall not be deemed to have established
24 or maintained a legal residence in this state and subsequently
25 to have qualified or continued to qualify as a resident for
26 tuition purposes solely by reason of marriage to a person
27 domiciled in this state.
28 (c) In determining the domicile of a married person,
29 irrespective of sex, the fact of the marriage and the place of
30 domicile of such person's spouse shall be deemed relevant
31 evidence to be considered in ascertaining domiciliary intent.
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1 (6) Any nonresident person, irrespective of sex, who
2 marries a legal resident of this state or marries a person who
3 later becomes a legal resident may, upon becoming a legal
4 resident of this state, accede to the benefit of the spouse's
5 immediately precedent duration as a legal resident for
6 purposes of satisfying the 12-month durational requirement of
7 this section.
8 (7) A person shall not lose his or her resident status
9 for tuition purposes solely by reason of serving, or, if such
10 person is a dependent child, by reason of his or her parent's
11 or parents' serving, in the Armed Forces outside this state.
12 (8) A person who has been properly classified as a
13 resident for tuition purposes but who, while enrolled in an
14 institution of higher education in this state, loses his or
15 her resident tuition status because the person or, if he or
16 she is a dependent child, the person's parent or parents
17 establish domicile or legal residence elsewhere shall continue
18 to enjoy the in-state tuition rate for a statutory grace
19 period, which period shall be measured from the date on which
20 the circumstances arose that culminated in the loss of
21 resident tuition status and shall continue for 12 months.
22 However, if the 12-month grace period ends during a semester
23 or academic term for which such former resident is enrolled,
24 such grace period shall be extended to the end of that
25 semester or academic term.
26 (9) Any person who ceases to be enrolled at or who
27 graduates from an institution of higher education while
28 classified as a resident for tuition purposes and who
29 subsequently abandons his or her domicile in this state shall
30 be permitted to reenroll at an institution of higher education
31 in this state as a resident for tuition purposes without the
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1 necessity of meeting the 12-month durational requirement of
2 this section if that person has reestablished his or her
3 domicile in this state within 12 months of such abandonment
4 and continuously maintains the reestablished domicile during
5 the period of enrollment. The benefit of this subsection
6 shall not be accorded more than once to any one person.
7 (10) The following persons shall be classified as
8 residents for tuition purposes:
9 (a) Active duty members of the Armed Services of the
10 United States residing or stationed in this state, their
11 spouses, and dependent children.
12 (b) Active duty members of the Armed Services of the
13 United States and their spouses attending a public community
14 college or university within 50 miles of the military
15 establishment where they are stationed, if such military
16 establishment is within a county contiguous to Florida.
17 (c) United States citizens living on the Isthmus of
18 Panama, who have completed 12 consecutive months of college
19 work at the Florida State University Panama Canal Branch, and
20 their spouses and dependent children.
21 (d) Full-time instructional and administrative
22 personnel employed by state public schools, community
23 colleges, and institutions of higher education, as defined in
24 s. 228.041, and their spouses and dependent children.
25 (e) Students from Latin America and the Caribbean who
26 receive scholarships from the federal or state government.
27 Any student classified pursuant to this paragraph shall
28 attend, on a full-time basis, a Florida institution of higher
29 education.
30
31
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1 (f) Southern Regional Education Board's Academic
2 Common Market graduate students attending Florida's state
3 universities.
4 (g) Full-time employees of state agencies or political
5 subdivisions of the state when the student fees are paid by
6 the state agency or political subdivision for the purpose of
7 job-related law enforcement or corrections training.
8 (h) McKnight Doctoral Fellows and Finalists who are
9 United States citizens.
10 (i) United States citizens living outside the United
11 States who are teaching at a Department of Defense Dependent
12 School or in an American International School and who enroll
13 in a state university Board of Regents-approved graduate level
14 education program which leads to a Florida teaching
15 certificate.
16 (j) Active duty members of the Canadian military
17 residing or stationed in this state under the North American
18 Air Defense (NORAD) agreement, and their spouses and dependent
19 children, attending a public community college or university
20 within 50 miles of the military establishment where they are
21 stationed.
22 (11) The State Board of Education shall by rule
23 designate classifications of students as residents or
24 nonresidents for tuition purposes at public community colleges
25 and universities.
26 (12) An electronic signature may be accepted on an
27 admissions application and statement of residency for tuition
28 purposes.
29 Section 19. Sections 240.122, 240.124, 240.125, and
30 240.126, Florida Statutes, are repealed.
31
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1 Section 20. Notwithstanding subsection (7) of section
2 3 of chapter 2000-321, Laws of Florida, section 240.127,
3 Florida Statutes, shall not stand repealed January 7, 2003, as
4 scheduled by that law, but that section is reenacted to read:
5 240.127 Florida Uniform Management of Institutional
6 Funds Act.--
7 (1) SHORT TITLE.--This section may be cited as the
8 "Florida Uniform Management of Institutional Funds Act."
9 (2) DEFINITIONS.--As used in this section:
10 (a) "Institution" means an incorporated or
11 unincorporated organization organized and operated exclusively
12 for educational purposes, or a governmental entity to the
13 extent that it holds funds exclusively for educational
14 purposes.
15 (b) "Institutional fund" means a fund held by an
16 institution for its exclusive use, benefit, or purposes, but
17 does not include a fund held for an institution by a trustee
18 that is not an institution or a fund in which a beneficiary
19 that is not an institution has an interest, other than
20 possible rights that could arise upon violation or failure of
21 the purposes of the fund.
22 (c) "Endowment fund" means an institutional fund, or
23 any part thereof, not wholly expendable by the institution on
24 a current basis under the terms of the applicable gift
25 instrument.
26 (d) "Governing board" means the body responsible for
27 the management of an institution or of an institutional fund.
28 (e) "Historic dollar value" means the aggregate fair
29 value in dollars of an endowment fund at the time it became an
30 endowment fund, each subsequent donation to the fund at the
31 time it is made, and each accumulation made pursuant to a
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1 direction in the applicable gift instrument at the time the
2 accumulation is added to the fund. The determination of
3 historic dollar value made in good faith by the institution is
4 conclusive.
5 (f) "Gift instrument" means a will, deed, grant,
6 conveyance, agreement, memorandum, writing, or other governing
7 document, including the terms of any institutional
8 solicitations from which an institutional fund resulted, under
9 which property is transferred to or held by an institution as
10 an institutional fund.
11 (3) APPROPRIATION OF APPRECIATION.--The governing
12 board may appropriate for expenditure for the uses and
13 purposes for which an endowment fund is established so much of
14 the net appreciation, realized and unrealized, in the fair
15 value of the assets of an endowment fund over the historic
16 dollar value of the fund as is prudent under the standard
17 established by subsection (7). This subsection does not limit
18 the authority of the governing board to expend funds as
19 permitted under other law, the terms of the applicable gift
20 instrument, or the charter of the institution.
21 (4) RULE OF CONSTRUCTION.--Subsection (3) does not
22 apply if the applicable gift instrument indicates the donor's
23 intention that net appreciation shall not be expended. A
24 restriction upon the expenditure of net appreciation may not
25 be implied from a designation of a gift as an endowment, or
26 from a direction or authorization in the applicable gift
27 instrument to use only "income," "interest," "dividends," or
28 "rents, issues or profits," or "to preserve the principal
29 intact," or a direction which contains other words of similar
30 import. This rule of construction applies to gift instruments
31 executed or in effect before or after October 1, 1990.
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1 (5) INVESTMENT AUTHORITY.--In addition to an
2 investment otherwise authorized by law or by the applicable
3 gift instrument, and without restriction to investments a
4 fiduciary may make, the governing board, subject to any
5 specific limitations set forth in the applicable gift
6 instrument or in the applicable law other than law relating to
7 investments by a fiduciary, may:
8 (a) Invest and reinvest an institutional fund in any
9 real or personal property deemed advisable by the governing
10 board, whether or not it produces a current return, including
11 mortgages, stocks, bonds, debentures, and other securities of
12 profit or nonprofit corporations, shares in or obligations of
13 associations, partnerships, or individuals, and obligations of
14 any government or subdivision or instrumentality thereof.
15 (b) Retain property contributed by a donor to an
16 institutional fund for as long as the governing board deems
17 advisable.
18 (c) Include all or any part of an institutional fund
19 in any pooled or common fund maintained by the institution.
20 (d) Invest all or any part of an institutional fund in
21 any other pooled or common fund available for investment,
22 including shares or interests in regulated investment
23 companies, mutual funds, common trust funds, investment
24 partnerships, real estate investment trusts, or similar
25 organizations in which funds are commingled and investment
26 determinations are made by persons other than the governing
27 board.
28 (6) DELEGATION OF INVESTMENT MANAGEMENT.--Except as
29 otherwise provided by the applicable gift instrument or by
30 applicable law relating to governmental institutions or funds,
31 the governing board may delegate to its committees, officers
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1 or employees of the institution or the fund, or agents,
2 including investment counsel, the authority to act in place of
3 the board in investment and reinvestment of institutional
4 funds; contract with independent investment advisers,
5 investment counsel or managers, banks, or trust companies, so
6 to act; and authorize the payment of compensation for
7 investment advisory or management services.
8 (7) STANDARD OF CONDUCT.--In the administration of the
9 powers to appropriate appreciation, to make and retain
10 investments, and to delegate investment management of
11 institutional funds, members of a governing board shall
12 exercise ordinary business care and prudence under the facts
13 and circumstances prevailing at the time of the action or
14 decision. In so doing they shall consider long and short term
15 needs of the institution in carrying out its educational
16 purposes, its present and anticipated financial requirements,
17 expected total return on its investments, price level trends,
18 and general economic conditions.
19 (8) RELEASE OF RESTRICTIONS ON USE OR INVESTMENT.--
20 (a) With the written consent of the donor, the
21 governing board may release, in whole or in part, a
22 restriction imposed by the applicable gift instrument on the
23 use or investment of an institutional fund.
24 (b) If written consent of the donor cannot be obtained
25 by reason of his or her death, disability, unavailability, or
26 impossibility of identification, the governing board may apply
27 in the name of the institution to the circuit court of the
28 county in which the institution is located for release of a
29 restriction imposed by the applicable gift instrument on the
30 use or investment of an institutional fund. The Attorney
31 General shall be notified of the application and shall be
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1 given an opportunity to be heard. If the court finds that the
2 restriction is obsolete, inappropriate, or impracticable, it
3 may by order release the restriction in whole or in part. A
4 release under this subsection may not change an endowment fund
5 to a fund that is not an endowment fund.
6 (c) A release under this section may not allow a fund
7 to be used for purposes other than the educational purposes of
8 the institution affected.
9 (d) This subsection does not limit the application of
10 the doctrine of cy-pres.
11 (9) UNIFORMITY OF APPLICATION AND CONSTRUCTION.--This
12 act shall be so applied and construed as to effectuate its
13 general purpose to make uniform the law with respect to the
14 subject of this act among those states which enact it.
15 Section 21. Notwithstanding subsection (7) of section
16 3 of chapter 2000-321, Laws of Florida, section 240.128,
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:
20 240.128 Approval required for certain
21 university-related facility acquisitions.--A No university or
22 university direct-support organization may not shall accept or
23 purchase facilities for which the state will be asked for
24 operating funds without first obtaining approval from unless
25 there has been prior approval for acquisition granted by the
26 Legislature.
27 Section 22. Section 240.132, Florida Statutes, is
28 repealed.
29 Section 23. Notwithstanding subsection (7) of section
30 3 of chapter 2000-321, Laws of Florida, section 240.1325,
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:
3 240.1325 Hazing prohibited.--
4 (1) As used in this section, "hazing" means any action
5 or situation which recklessly or intentionally endangers the
6 mental or physical health or safety of a student for the
7 purpose of initiation or admission into or affiliation with
8 any organization operating under the sanction of a
9 postsecondary institution. Such term includes, but is not
10 limited to, any brutality of a physical nature, such as
11 whipping, beating, branding, forced calisthenics, exposure to
12 the elements, forced consumption of any food, liquor, drug, or
13 other substance, or other forced physical activity which could
14 adversely affect the physical health or safety of the student,
15 and also includes any activity which would subject the student
16 to extreme mental stress, such as sleep deprivation, forced
17 exclusion from social contact, forced conduct which could
18 result in extreme embarrassment, or other forced activity
19 which could adversely affect the mental health or dignity of
20 the student.
21 (1)(2) Public and independent private colleges and
22 universities whose students receive state student financial
23 assistance must adopt a written antihazing policy and under
24 such policy must adopt rules prohibiting students or other
25 persons associated with any student organization from engaging
26 in hazing.
27 (2)(3) Public and independent private colleges and
28 universities must provide a program for the enforcement of
29 such rules and must adopt appropriate penalties for violations
30 of such rules, to be administered by the person at the college
31
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1 or university responsible for student activities of the
2 college or university organization.
3 Section 24. Notwithstanding subsection (7) of section
4 3 of chapter 2000-321, Laws of Florida, section 240.133,
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:
8 240.133 Expulsion and discipline of students of public
9 postsecondary educational institutions the State University
10 System and community colleges.--
11 (1) Each student in a public postsecondary educational
12 institution the State University System and each student in a
13 community college is subject to federal and state law,
14 respective county and municipal ordinances, and all rules and
15 regulations of the educational institution Board of Regents or
16 board of trustees of the community college.
17 (2) Violation of these published laws, ordinances, or
18 rules and regulations may subject the violator to appropriate
19 action by the institution's university or community college
20 authorities.
21 (3) Each president of a university or community
22 college, and each superintendent of a school district with a
23 public technical center has in the State University System and
24 each president of a community college shall have authority,
25 after notice to the student of the charges and after a hearing
26 thereon, to expel, suspend, or otherwise discipline any
27 student who is found to have violated any law, ordinance, or
28 rule or regulation of the Board of Regents or of the board of
29 trustees of the community college. A student may be entitled
30 to waiver of expulsion:
31
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1 (a) If the student provides substantial assistance in
2 the identification, arrest, or conviction of any of his or her
3 accomplices, accessories, coconspirators, or principals or of
4 any other person engaged in violations of chapter 893 within
5 the State University System or community colleges;
6 (b) If the student voluntarily discloses his or her
7 violations of chapter 893 prior to his or her arrest; or
8 (c) If the student commits himself or herself, or is
9 referred by the court in lieu of sentence, to a state-licensed
10 drug abuse program and successfully completes the program.
11 Section 25. Notwithstanding subsection (7) of section
12 3 of chapter 2000-321, Laws of Florida, section 240.134,
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:
16 240.134 Religious observances.--Each state university,
17 community college, and career and technical center degree
18 career education school shall adopt a policy in accordance
19 with rules of the Board of Regents, the State Board of
20 Community Colleges, or the State Board of Education which
21 reasonably accommodates the religious observance, practice,
22 and belief of individual students in regard to admissions,
23 class attendance, and the scheduling of examinations and work
24 assignments. Each policy shall include a grievance procedure
25 by which a student who believes that he or she has been
26 unreasonably denied an educational benefit due to his or her
27 religious belief or practices may seek redress. This Such
28 policy shall be made known to faculty and students annually in
29 inclusion in the institution's handbook, manual, or other
30 similar document regularly provided to faculty and students.
31
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1 Section 26. Section 240.135, Florida Statutes, is
2 repealed.
3 Section 27. Notwithstanding subsection (7) of section
4 3 of chapter 2000-321, Laws of Florida, section 240.136,
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:
8 240.136 Suspension and removal from office of elected
9 student government officials; referendum.--Each state
10 university and community college student government
11 association shall establish a process within 60 days of this
12 act becoming a law to provide for the removal from office of
13 any elected student government official for malfeasance,
14 misfeasance, neglect of duty, incompetence, or permanent
15 inability to perform his or her official duties or for
16 pleading nolo contendere to, or being found guilty of, a crime
17 who has been convicted of a violation of criminal law or has
18 been found civilly liable for an act of moral turpitude, after
19 all available rights of judicial appeal have been exercised or
20 waived or have expired. The process shall include a procedure
21 for the immediate suspension of the student government
22 official from elected office following the conviction or civil
23 finding and during any appeal, and shall provide for the
24 temporary successor to the subject office pending completion
25 of any appeal. The process must also include a procedure for
26 registered students to petition for a referendum recommending
27 to the student government association the removal of a student
28 official from elected office. The referendum must be held
29 within 60 days after of filing of the petition. The
30 recommendation to remove the subject official from elected
31 office shall be made by majority vote of the students
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1 participating in the referendum is sufficient for removal. The
2 university or college president or his or her designee may
3 appeal an action of a student government association under
4 this section shall be subject to an appeal to the university
5 or community college president or designee.
6 Section 28. Section 240.139, Florida Statutes, is
7 repealed.
8 Section 29. Notwithstanding subsection (7) of section
9 3 of chapter 2000-321, Laws of Florida, section 240.152,
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:
13 240.152 Students with documented disabilities Impaired
14 and learning disabled persons; admission to postsecondary
15 institutions; substitute requirements; rules.--Any person who
16 has a documented disability is is hearing impaired, visually
17 impaired, or dyslexic, or who has a specific learning
18 disability, shall be eligible for reasonable substitution for
19 any requirement for admission to a state university, community
20 college, or public degree career technical center education
21 institution where documentation can be provided that the
22 person's failure to meet the admission requirement is related
23 to the disability. The State Board of Education, the Board of
24 Regents, and the State Board of Community Colleges shall adopt
25 rules to implement this section and shall develop substitute
26 admission requirements where appropriate.
27 Section 30. Notwithstanding subsection (7) of section
28 3 of chapter 2000-321, Laws of Florida, section 240.153,
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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1 240.153 Students with a documented disability Impaired
2 and learning disabled persons; graduation, study program
3 admission, and upper-division entry; substitute requirements;
4 rules.--Any student in a state university, community college,
5 or public degree career technical center education institution
6 who has a documented disability is is hearing impaired,
7 visually impaired, or dyslexic, or who has a specific learning
8 disability, shall be eligible for reasonable substitution for
9 any requirement for graduation, for admission into a program
10 of study, or for entry into upper division where documentation
11 can be provided that the person's failure to meet the
12 requirement is related to the disability and where the failure
13 to meet the graduation requirement or program admission
14 requirement does not constitute a fundamental alteration in
15 the nature of the program. The State Board of Education, the
16 Board of Regents, and the State Board of Community Colleges
17 shall adopt rules to implement this section and shall develop
18 substitute requirements where appropriate.
19 Section 31. Notwithstanding subsection (7) of section
20 3 of chapter 2000-321, Laws of Florida, section 240.155,
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:
24 240.155 Campus master plans and campus development
25 agreements.--
26 (1) This section contains provisions for campus
27 planning and concurrency management that supersede the
28 requirements of part II of chapter 163, except when stated
29 otherwise in this section. These special growth management
30 provisions are adopted in recognition of the unique
31 relationship between campuses of the state universities State
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1 University System and the local governments in which they are
2 located. While the campuses provide research and educational
3 benefits of statewide and national importance, and further
4 provide substantial educational, economic, and cultural
5 benefits to their host local governments, they may also have
6 an adverse impact on the public facilities and services and
7 natural resources of host governments. On balance, however,
8 universities should be considered as vital public facilities
9 of the state and local governments. The intent of this
10 section is to address this unique relationship by providing
11 for the preparation of campus master plans and associated
12 campus development agreements.
13 (2) As used in this section:
14 (a) "Affected local government" means a unit of local
15 government that provides public services to or is responsible
16 for maintaining facilities within a campus of an institution
17 in the State University System or is directly affected by
18 development that is proposed for a campus.
19 (b) "Affected person" means a host local government;
20 an affected local government; any state, regional, or federal
21 agency; or a person who resides, owns property, or owns or
22 operates a business within the boundaries of a host local
23 government or affected local government.
24 (c) "Host local government" means a local government
25 within the jurisdiction of which all or part of a campus of an
26 institution is located, but does not include a county if no
27 part of an institution is located within its unincorporated
28 area.
29 (d) "Institution" means a state university in the
30 State University System.
31
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1 (3) Each university board of trustees shall The Board
2 of Regents shall, no later than 24 months after July 1, 1993,
3 prepare and adopt a campus master plan for its the campus of
4 each institution over which it has jurisdiction. The master
5 plan must identify general land uses and address the need for
6 and plans for provision of roads, parking, public
7 transportation, solid waste, drainage, sewer, potable water,
8 and recreation and open space during the coming 10 to 20
9 years. The plans must contain elements relating to future
10 land use, intergovernmental coordination, capital
11 improvements, recreation and open space, general
12 infrastructure, housing, and conservation. Each element must
13 address compatibility with the surrounding community. The
14 master plan must identify specific land uses, location of
15 structures, densities and intensities of use, and contain
16 standards for onsite development, site design, environmental
17 management, and the preservation of historic and
18 archaeological resources. The transportation element must
19 address reasonable transportation demand management techniques
20 to minimize offsite impacts where possible. Data and analyses
21 on which the elements are based must include, at a minimum:
22 the characteristics of vacant lands; projected impacts of
23 development on onsite and offsite infrastructure, public
24 services, and natural resources; student enrollment
25 projections; student housing needs; and the need for academic
26 and support facilities. The State Board of Education must
27 approve the master plan of each university to assure
28 consistency with its strategic plan. Master plans must be
29 updated and reviewed by the state board at least every 5
30 years.
31
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1 (4) Campus master plans may contain additional
2 elements at the discretion of the board of trustees Regents;
3 however, such elements are not subject to review under this
4 section. These additional elements may include the academic
5 mission of the institution, academic program, utilities,
6 public safety, architectural design, landscape architectural
7 design, and facilities maintenance.
8 (5) Subject to the right of the board of trustees
9 Regents to initiate the dispute resolution provisions of
10 subsection (8), a campus master plan must not be in conflict
11 with the comprehensive plan of the host local government and
12 the comprehensive plan of any affected local governments. A
13 campus master plan must be consistent with the state
14 comprehensive plan.
15 (6) Before a campus master plan is adopted, a copy of
16 the draft master plan must be sent for review to the host and
17 any affected local governments, the state land planning
18 agency, the Department of Environmental Protection, the
19 Department of Transportation, the Department of State, the
20 Fish and Wildlife Conservation Commission, and the applicable
21 water management district and regional planning council. These
22 agencies must be given 90 days after receipt of the campus
23 master plans in which to conduct their review and provide
24 comments to the board of trustees Regents. The commencement of
25 this review period must be advertised in newspapers of general
26 circulation within the host local government and any affected
27 local government to allow for public comment. Following
28 receipt and consideration of all comments, and the holding of
29 at least two public hearings within the host jurisdiction, the
30 board of trustees Regents shall adopt the campus master plan.
31 It is the intent of the Legislature that the board of trustees
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1 Regents comply with the notice requirements set forth in s.
2 163.3184(15) to ensure full public participation in this
3 planning process. Campus master plans developed under this
4 section are not rules and are not subject to chapter 120
5 except as otherwise provided in this section.
6 (7) Notice that the campus master plan has been
7 adopted must be forwarded within 45 days after its adoption to
8 any affected person that submitted comments on the draft
9 campus master plan. The notice must state how and where a copy
10 of the master plan may be obtained or inspected. Within 30
11 days after receipt of the notice of adoption of the campus
12 master plan, or 30 days after the date the adopted plan is
13 available for review, whichever is later, an affected person
14 who submitted comments on the draft master plan may petition
15 the board of trustees Regents, challenging the campus master
16 plan as not being in compliance with this section or any rule
17 adopted under this section. The petition must state each
18 objection, identify its source, and provide a recommended
19 action. A petition filed by an affected local government may
20 raise only those issues directly pertaining to the public
21 facilities or services that the affected local government
22 provides to or maintains within the campus or to the direct
23 impact that campus development would have on the affected
24 local government.
25 (8) Following receipt of a petition, the petitioning
26 party or parties and the board of trustees Regents shall
27 mediate the issues in dispute as follows:
28 (a) The parties have 60 days to resolve the issues in
29 dispute. Other affected parties that submitted comments on the
30 draft campus master plan must be given the opportunity to
31 participate in these and subsequent proceedings.
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1 (b) If resolution of the matter cannot be achieved
2 within 60 days, the issues must be submitted to the state land
3 planning agency. The state land planning agency has 60 days
4 to hold informal hearings, if necessary, identify the issues
5 remaining in dispute, prepare a record of the proceedings, and
6 submit the matter to the Administration Commission for final
7 action. The report to the Administration Commission must list
8 each issue in dispute, describe the nature and basis for each
9 dispute, identify alternative resolutions of the dispute, and
10 make recommendations.
11 (c) After receiving the report from the state land
12 planning agency, the Administration Commission shall take
13 action to resolve the issues in dispute. In deciding upon a
14 proper resolution, the Administration Commission shall
15 consider the nature of the issues in dispute, the compliance
16 of the parties with this section, the extent of the conflict
17 between the parties, the comparative hardships, and the public
18 interest involved. If the Administration Commission
19 incorporates in its final order a term or condition that
20 specifically requires the board of trustees Regents or a local
21 government to amend or modify its plan, the board of trustees
22 Regents shall have a reasonable period of time to amend or
23 modify its plan, and a local government shall initiate the
24 required plan amendment, which shall be exempt from the
25 requirements of s. 163.3187(1). Any required amendment to a
26 local government comprehensive plan must be limited in scope
27 so as to only relate to specific impacts attributable to the
28 campus development. The final order of the Administration
29 Commission is subject to judicial review as provided in s.
30 120.68.
31
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1 (9) An amendment to a campus master plan must be
2 reviewed and adopted under subsections (6)-(8) if such
3 amendment, alone or in conjunction with other amendments,
4 would:
5 (a) Increase density or intensity of use of land on
6 the campus by more than 10 percent;
7 (b) Decrease the amount of natural areas, open space,
8 or buffers on the campus by more than 10 percent; or
9 (c) Rearrange land uses in a manner that will increase
10 the impact of any proposed campus development by more than 10
11 percent on a road or on another public facility or service
12 provided or maintained by the state, the county, the host
13 local government, or any affected local government.
14 (10) Upon adoption of a campus master plan, the board
15 of trustees Regents shall draft a proposed campus development
16 agreement for each local government and send it to the local
17 government within 270 days after the adoption of the relevant
18 campus master plan.
19 (11) At a minimum, each campus development agreement:
20 (a) Must identify the geographic area of the campus
21 and local government covered by the campus development
22 agreement.
23 (b) Must establish its duration, which must be at
24 least 5 years and not more than 10 years.
25 (c) Must address public facilities and services
26 including roads, sanitary sewer, solid waste, drainage,
27 potable water, parks and recreation, and public
28 transportation.
29 (d) Must, for each of the facilities and services
30 listed in paragraph (c), identify the level-of-service
31 standard established by the applicable local government,
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1 identify the entity that will provide the service to the
2 campus, and describe any financial arrangements between the
3 board of trustees Regents and other entities relating to the
4 provision of the facility or service.
5 (e) Must, for each of the facilities and services
6 listed in paragraph (c), determine the impact of existing and
7 proposed campus development reasonably expected over the term
8 of the campus development agreement on each service or
9 facility and any deficiencies in such service or facility
10 which the proposed campus development will create or to which
11 it will contribute.
12 (f) May, if proposed by the board of trustees Regents,
13 address the issues prescribed in paragraphs (d) and (e) with
14 regard to additional facilities and services, including, but
15 not limited to, electricity, nonpotable water, law
16 enforcement, fire and emergency rescue, gas, and telephone.
17 (g) Must, to the extent it addresses issues addressed
18 in the campus master plan and host local government
19 comprehensive plan, be consistent with the adopted campus
20 master plan and host local government comprehensive plan.
21 (12)(a) Each proposed campus development agreement
22 must clearly identify the lands to which the board of trustees
23 Regents intends the campus development agreement to apply.
24 (b) Such land may include:
25 1. Land to be purchased by the board of trustees
26 Regents and titled in the name of the Board of Trustees of the
27 Internal Improvement Trust Fund for use by an institution over
28 the life of the campus development agreement.
29 2. Land not owned by the Board of Trustees of the
30 Internal Improvement Trust Fund if the university board of
31 trustees Regents intends to undertake development activities
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1 on the land during the term of the campus development
2 agreement.
3 3. Land that is not owned by the Board of Trustees of
4 the Internal Improvement Trust Fund because the university
5 board of trustees purchases that land after the effective date
6 of this act.
7 (c) Land owned by the Board of Trustees of the
8 Internal Improvement Trust Fund for lease to the university
9 board of trustees Regents acting on behalf of the institution
10 may be excluded, but any development activity undertaken on
11 excluded land is subject to part II of chapter 163.
12 (13) With regard to the impact of campus development
13 on the facilities and services listed in paragraph (11)(c),
14 the following applies:
15 (a) All improvements to facilities or services which
16 are necessary to eliminate the deficiencies identified in
17 paragraph (11)(e) must be specifically listed in the campus
18 development agreement.
19 (b) The university board of trustees' Regent's fair
20 share of the cost of the measures identified in paragraph (a)
21 must be stated in the campus development agreement. In
22 determining the fair share, the effect of any demand
23 management techniques, which may include such techniques as
24 flexible work hours and carpooling, that are used by the board
25 of trustees Regents to minimize the offsite impacts shall be
26 considered.
27 (c) The board of trustees Regents is responsible for
28 paying the fair share identified in paragraph (b), and it may
29 do so by:
30 1. Paying a fair share of each of the improvements
31 identified in paragraph (a); or
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1 2. Taking on full responsibility for the improvements,
2 selected from the list of improvements identified in paragraph
3 (a), and agreed to between the host local government and the
4 board of trustees Regents, the total cost of which equals the
5 contribution identified in paragraph (b).
6 (d) All concurrency management responsibilities of the
7 board of trustees Regents are fulfilled if the board of
8 trustees Regents expends the total amount of funds identified
9 in paragraph (b) notwithstanding that the board of trustees
10 Regents may not have undertaken or made contributions to some
11 of the measures identified in paragraph (a).
12 (e) Capital projects included in the campus
13 development agreement may be used by the local government for
14 the concurrency management purposes.
15 (f) Funds provided by universities in accordance with
16 campus development agreements are subject to appropriation by
17 the Legislature. A development authorized by a campus
18 development agreement may not be built until the funds to be
19 provided pursuant to paragraph (b) are appropriated by the
20 Legislature.
21 (14) A campus development agreement may not address or
22 include any standards or requirements for onsite development,
23 including environmental management requirements or
24 requirements for site preparation.
25 (15) Once the board of trustees Regents and host local
26 government agree on the provisions of the campus development
27 agreement, the campus development agreement shall be executed
28 by the board of trustees Regents and the host local government
29 in a manner consistent with the requirements of s. 163.3225.
30 Once the campus development agreement is executed, it is
31 binding upon the board of trustees Regents and host local
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1 government. A copy of the executed campus development
2 agreement must be sent to the state land planning agency
3 within 14 days after the date of execution.
4 (16) If, within 180 days following the host local
5 government's receipt of the proposed campus development
6 agreement, the board of trustees Regents and host local
7 government cannot reach agreement on the provisions of the
8 campus development agreement, the following procedures for
9 resolving the matter must be followed:
10 (a) The matter must be submitted to the state land
11 planning agency, which has 60 days to hold informal hearings,
12 if necessary, and identify the issues remaining in dispute,
13 prepare a record of the proceedings, and submit the matter to
14 the Administration Commission for final action. The report to
15 the Administration Commission must list each issue in dispute,
16 describe the nature and basis for each dispute, identify
17 alternative resolutions of each dispute, and make
18 recommendations.
19 (b) After receiving the report from the state land
20 planning agency, the Administration Commission shall take
21 action to resolve the issues in dispute. In deciding upon a
22 proper resolution, the Administration Commission shall
23 consider the nature of the issues in dispute, the compliance
24 of the parties with this section, the extent of the conflict
25 between the parties, the comparative hardships, and the public
26 interest involved. In resolving the matter, the
27 Administration Commission may prescribe, by order, the
28 contents of the campus development agreement.
29 (17) Disputes that arise in the implementation of an
30 executed campus development agreement must be resolved as
31 follows:
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1 (a) Each party shall select one mediator and notify
2 the other in writing of the selection. Thereafter, within 15
3 days after their selection, the two mediators selected by the
4 parties shall select a neutral, third mediator to complete the
5 mediation panel.
6 (b) Each party is responsible for all costs and fees
7 payable to the mediator selected by it and shall equally bear
8 responsibility for the costs and fees payable to the third
9 mediator for services rendered and costs expended in
10 connection with resolving disputes pursuant to the campus
11 development agreement.
12 (c) Within 10 days after the selection of the
13 mediation panel, proceedings must be convened by the panel to
14 resolve the issues in dispute.
15 (d) Within 60 days after the convening of the panel,
16 the panel shall issue a report containing a recommended
17 resolution of the issues in dispute.
18 (e) If either the board of trustees Regents or local
19 government rejects the recommended resolution of the issues in
20 dispute, the disputed issues must be resolved pursuant to the
21 procedures provided by subsection (16).
22 (18) Once the campus development agreement is
23 executed, all campus development may proceed without further
24 review by the host local government if it is consistent with
25 the adopted campus master plan and associated campus
26 development agreement.
27 (19) A campus development agreement may be amended
28 under subsections (10)-(16):
29 (a) In conjunction with any amendment to the campus
30 master plan subject to the requirements in subsection (9).
31
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1 (b) If either party delays by more than 12 months the
2 construction of a capital improvement identified in the
3 agreement.
4 (20) Any party to a campus development agreement or
5 aggrieved or adversely affected person, as defined in s.
6 163.3215(2), may file an action for injunctive relief in the
7 circuit court where the host local government is located to
8 enforce the terms of a campus development agreement or to
9 challenge compliance of the agreement with this section. This
10 action shall be the sole and exclusive remedy of an adversely
11 affected person other than a party to the agreement to enforce
12 any rights or obligations arising from a development
13 agreement.
14 (21) State and regional environmental program
15 requirements remain applicable, except that this section
16 supersedes all other sections of part II of chapter 163 and s.
17 380.06 except as provided in this section.
18 (22) In consultation with the state land planning
19 agency, the Board of Regents shall adopt rules implementing
20 subsections (3)-(6) within 180 days after July 1, 1993. The
21 rules must set specific schedules and procedures for the
22 development and adoption of campus master plans.
23 (23) Until the campus master plan and campus
24 development agreement for an institution have been finalized,
25 any dispute between the board of trustees Regents and a local
26 government relating to campus development for that institution
27 shall be resolved by the process established in subsection
28 (8).
29 Section 32. Notwithstanding subsection (7) of section
30 3 of chapter 2000-321, Laws of Florida, section 240.156,
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:
3 240.156 State University System Concurrency Trust
4 Fund.--Notwithstanding any other provision of law, the general
5 revenue service charge deducted pursuant to s. 215.20 on
6 revenues raised by any local option motor fuel tax levied
7 pursuant to s. 336.025(1)(b), as created by chapter 93-206,
8 Laws of Florida, shall be deposited in the State University
9 System Concurrency Trust Fund, which is hereby created. Moneys
10 in such trust fund shall be for the purpose of funding State
11 University System offsite improvements to state universities
12 that are required to meet concurrency standards adopted under
13 part II of chapter 163. In addition, in any year in which
14 campus master plans are updated pursuant to s. 240.155, but no
15 more frequently than once every 5 years, up to 25 percent of
16 the balance in the trust fund for that year may be used to
17 defray the costs incurred in updating those campus master
18 plans.
19 Section 33. Notwithstanding subsection (7) of section
20 3 of chapter 2000-321, Laws of Florida, section 240.2011,
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:
24 240.2011 State universities and colleges University
25 System defined.--The state universities and colleges
26 University System shall consist of the following:
27 (1) The Board of Regents of the Division of
28 Universities of the Department of Education, with a central
29 office located in Leon County.
30 (1)(2) The University of Florida, with a main campus
31 located in Alachua County.
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1 (2)(3) The Florida State University, with a main
2 campus located in Leon County.
3 (3)(4) The Florida Agricultural and Mechanical
4 University, with a main campus located in Leon County.
5 (4)(5) The University of South Florida, with a main
6 campus located in Hillsborough County and two fiscally
7 autonomous campuses, one in Pinellas County, named the
8 University of South Florida St. Petersburg, and the other
9 named the University of South Florida Sarasota/Manatee.
10 (5)(6) The Florida Atlantic University, with partner
11 campuses located in Palm Beach County and Broward County.
12 (6)(7) The University of West Florida, with a main
13 campus located in Escambia County.
14 (7)(8) The University of Central Florida, with a main
15 campus located in Orange County.
16 (8)(9) The University of North Florida, with a main
17 campus located in Duval County.
18 (9)(10) The Florida International University, with a
19 main campus located in Dade County.
20 (10)(11) The Florida Gulf Coast University, with a
21 main campus located in Fort Myers.
22 (11)(12) New College of Florida, located in Sarasota
23 County, which is the 4-year residential liberal arts honors
24 college of the State of Florida.
25 Section 34. Section 240.2012, Florida Statutes, is
26 created to read:
27 240.2012 Board of trustees of the state universities
28 and colleges.--
29 (1)(a) It is the intent of the Legislature that each
30 state university and college shall be governed by a board of
31 trustees and that no department, bureau, division, agency, or
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1 subdivision of the state shall exercise any responsibility or
2 authority to operate or regulate any state university or
3 college except as is specifically provided by law. Each state
4 university and college shall be an independent, separate legal
5 entity. The university and college boards of trustees and the
6 state universities and colleges are not state agencies unless
7 specifically provided by law.
8 (b) The Governor shall appoint for each state
9 university and college a 12-member board of trustees. Each
10 member is subject to confirmation by the Senate in the regular
11 legislative session immediately following his or her
12 appointment. In addition to the 12 members of the board of
13 trustees, a main campus student body president shall serve as
14 an ex officio voting member of the board of trustees. There
15 shall be no state residency requirement for university and
16 college board members, but the Governor shall consider
17 diversity and regional representation. Members of the boards
18 of trustees shall receive no compensation, but may be
19 reimbursed for travel and per diem expenses as provided in s.
20 112.061.
21 (c) The Governor may remove a trustee for cause. Upon
22 a determination by a court of a second violation of s. 286.011
23 by a member of a university or college board of trustees, the
24 member is subject to removal for cause. Upon a determination
25 by a court that a member has knowingly violated s. 286.011,
26 the member shall be removed. The Governor shall appoint a new
27 member of the board pursuant to subsection (1). The penalties
28 imposed by this paragraph are cumulative to the penalties
29 imposed under s. 286.011. Violations of s. 286.011 prior to
30 the enactment of this paragraph shall not constitute
31 violations for purposes of this paragraph.
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1 (2) Each board of trustees shall be a public body
2 corporate by the name of "The (name of university or college)
3 Board of Trustees," with all the powers of a body corporate,
4 including a corporate seal, the power to contract and be
5 contracted with, to sue and be sued, to plead and be impleaded
6 in all courts of law or equity, and to give and receive
7 donations. In all suits against a board of trustees, service
8 of process shall be made on the chair of the board or, in the
9 absence of the chair, on the corporate secretary or designee.
10 In any suit, a change in personnel of the board shall not
11 abate the suit, which shall proceed as if such change had not
12 taken place.
13 (3) Boards of trustees' members shall be appointed for
14 staggered 4-year terms, and may be reappointed for additional
15 terms not to exceed 8 years of service.
16 (4) Each board of trustees shall select its chair and
17 vice chair from the appointed members at its first regular
18 meeting after July 1. The chair shall serve for 2 years and
19 may be reselected for one additional consecutive term. The
20 duties of the chair shall include presiding at all meetings of
21 the board, calling special meetings of the board, attesting to
22 actions of the board, and notifying the Governor in writing
23 whenever a board member fails to attend three consecutive
24 regular board meetings in any fiscal year, which failure may
25 be grounds for removal. The duty of the vice chair is to act
26 as chair during the absence or disability of the chair.
27 (5) The university or college president shall serve as
28 executive officer and corporate secretary of the board of
29 trustees and shall be responsible to the board for all
30 operations of the university or college and for setting the
31
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1 agenda for meetings of the board in consultation with the
2 chair.
3 (6) The boards of trustees shall be responsible for
4 cost-effective policy decisions appropriate to the mission of
5 the state university or college; the implementation and
6 maintenance of high-quality education programs within law and
7 rules of the State Board of Education; the measurement of
8 performance, the reporting of information; and the provision
9 of input regarding state policy, budgeting, and education
10 standards.
11 (7) University and college boards of trustees shall be
12 corporations primarily acting as instrumentalities or agencies
13 of the state, pursuant to s. 768.28(2), for purposes of
14 sovereign immunity.
15 Section 35. Section 240.2013, Florida Statutes, is
16 created to read:
17 240.2013 Powers and duties of university and college
18 boards of trustees.--
19 (1) Each university and college board of trustees is
20 vested with the authority to govern and set policy for its
21 university or college in accordance with law and with rules of
22 the State Board of Education. Each board of trustees shall
23 perform all duties assigned by law or by rule of the State
24 Board of Education.
25 (2) Each university and college board of trustees may
26 adopt rules, pursuant to chapter 120, and policies consistent
27 with the university and college mission, with law, and with
28 the rules of the State Board of Education, including rules and
29 policies for:
30
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1 (a) Selecting the president to serve at the pleasure
2 of the board and to perform the duties assigned by the board
3 or otherwise provided by law or by rule.
4 (b) Fixing the compensation and other conditions of
5 employment of the president.
6 (c) Conducting annual evaluations of the president,
7 submitting such evaluations to the Commissioner of Education
8 for review, and suspending or removing the president in
9 accordance with guidelines established by the State Board of
10 Education.
11 (d) Appointing a presidential search committee to make
12 recommendations to the board of trustees, from which the board
13 may select the university or college president.
14 (e) In consultation with the university or college
15 president, defining and developing a strategic plan for the
16 university or college for recommendation to the Commissioner
17 of Education and the State Board of Education, as provided by
18 law, and specifying institutional goals and objectives.
19 (f) Providing for academic freedom and academic
20 responsibility at the university or college.
21 (g) In consultation with the university or college
22 president, submitting an institutional budget request,
23 including a request for fixed capital outlay, to the
24 Commissioner of Education in accordance with guidelines
25 established by the State Board of Education.
26 (h) Approving new and terminating existing
27 undergraduate and graduate degree programs up to and including
28 the master's degree level. New colleges, schools, or
29 functional equivalents of any program leading to a degree that
30 is offered as a credential for a specific license granted
31
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1 under the Florida Statutes or the State Constitution may not
2 be established without specific approval of the Legislature.
3 (i) Purchasing, acquiring, receiving, holding, owning,
4 managing, leasing, selling, disposing of, and conveying title
5 to real property that are not state lands in accordance with
6 the rules of the State Board of Education. Notwithstanding s.
7 253.025, university and college boards of trustees may
8 purchase, acquire, receive, hold, own, manage, lease, sell,
9 dispose of, or convey title to real property that are state
10 lands and related improvements, subject to approval of the
11 Board of Internal Improvement Trust Fund or the Division of
12 State Lands. This paragraph does not abrogate in any manner
13 the authority delegated to the Board of Trustees of the
14 Internal Improvement Trust Fund or the Division of State Lands
15 to require policies and procedures to obtain clear title to
16 parcels purchased for university or college purposes. The
17 university and college boards of trustees may secure
18 appraisals and surveys for state lands. The university and
19 college boards of trustees shall comply with the rules of the
20 Board of Trustees of the Internal Improvement Trust Fund in
21 securing appraisals for state lands. Whenever the university
22 and college boards of trustees find it necessary for timely
23 property acquisition of state lands, they may contract,
24 without the need for competitive selection, with one or more
25 appraisers whose names are contained on the list of approved
26 appraisers maintained by the Division of State Lands in the
27 Department of Environmental Protection. The university and
28 college boards of trustees may negotiate and enter into an
29 option contract before an appraisal is obtained for state
30 lands. The option contract must state that the final purchase
31 price for state lands may not exceed the maximum value allowed
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1 by law. Title to state lands leased to the university and
2 college boards of trustees shall remain vested with the Board
3 of Internal Improvement Trust Fund. The university and college
4 boards of trustees shall become successors in interest to
5 leases of state lands leased to the State Board of Education
6 for use by the state universities and colleges.
7 (j) Entering into agreements for and accepting credit
8 card, charge card, and debit card payments as compensation for
9 goods, services, tuition, and fees.
10 (k) Establishing the personnel program for all
11 employees of the university or college in accordance with the
12 law and the rules of the State Board of Education, including
13 compensation and other conditions of employment, recruitment
14 and selection, nonreappointment, standards for performance and
15 conduct, evaluation, benefits and hours of work, recognition,
16 inventions and works, travel, learning opportunities, academic
17 freedom and responsibility, promotion, assignment, demotion,
18 transfer, tenure and permanent status, ethical obligations and
19 conflicts of interest, restrictive covenants, disciplinary
20 actions, complaints, appeals and grievance procedures, and
21 separation and termination from employment. The Department of
22 Management Services shall retain authority over state
23 university and college employees for programs established in
24 ss. 110.123, 110.1232, 110.1234, and 110.1238 and in chapters
25 121, 122, and 238.
26 (l) Establishing and maintaining a personnel exchange
27 program.
28 (m) Ensuring compliance with federal laws,
29 regulations, and requirements.
30 (n) Using, maintaining, protecting, and controlling
31 university and college owned or university and college
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1 controlled buildings and grounds, property and equipment,
2 name, trademarks and other proprietary marks, and the
3 financial and other resources of the university or college.
4 Such authority may include placing restrictions on activities;
5 access to facilities; the possession of firearms, food,
6 tobacco, and alcoholic beverages; the distribution of printed
7 materials; animals or their use; and levels of sound. The
8 authority vested in the board in this subsection includes the
9 prioritization of the use of space, property, equipment, and
10 resources, and the imposition of charges for such use.
11 (o) Providing and coordinating policies relating to
12 credit and noncredit educational offerings by the university
13 or college.
14 (p) Establishing a procurement program for the
15 purchase, lease, or acquisition in any manner of goods,
16 materials, equipment, and services required by the university
17 or college, and providing university or college goods,
18 materials, and services through sale, lease, license, or any
19 other manner. University and college boards of trustees must
20 comply with s. 287.055 for the procurement of professional
21 services as defined therein.
22 (q) Establishing and administering faculty practice
23 plans for the academic health science centers.
24 (r) Exercising the right of eminent domain whenever a
25 university or college board of trustees finds it is necessary
26 for the welfare or convenience of the university or college to
27 acquire private property for the use of the university or
28 college, and the same cannot be acquired by agreement
29 satisfactory to the university or college boards of trustees
30 and parties interested in, or the owners of, said private
31 property. The university or college board of trustees may
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1 exercise the right of eminent domain after receiving approval
2 from the State Board of Education and may proceed to condemn
3 the property in the manner provided by chapters 73 and 74.
4 (s) Ensuring compliance with s. 287.09451 for all
5 university or college procurement, and additionally, ss.
6 255.101 and 255.102, for construction contracts, and rules
7 pursuant thereto, relating to the use of minority business
8 enterprises, except that procurements costing less than the
9 amount provided for in CATEGORY FIVE as provided in s. 287.017
10 are not subject to s. 287.09451.
11 (t) Establishing a program for the maintenance and
12 construction of facilities for the state universities and
13 colleges and securing, or otherwise providing as a
14 self-insurer pursuant to s. 440.38(6), workers' compensation
15 coverage for contractors and subcontractors, or each of them,
16 employed by or on behalf of the university or college board of
17 trustees.
18 (u) Ensuring that a school, college, or center at a
19 state university or college is not named for a living person
20 unless approved by the State Board of Education.
21 (v) Managing university and college enrollment as
22 provided by law and the appropriation acts.
23 (w) Advising students who meet the minimum
24 requirements for admission to the upper-division of a state
25 university or college, but are denied admission to limited
26 access programs, of the availability of similar programs at
27 other state universities and colleges and the admissions
28 requirements of such programs.
29 (x) Ensuring that at least half of the required
30 coursework for any baccalaureate degree in the system is
31
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1 offered at the lower-division level, except in program areas
2 approved by the State Board of Education.
3 (y) Ensuring that university and college students are
4 aware of program prerequisites for programs certified as
5 unique pursuant to s. 229.551(1)(f)5.
6 (z) Governing student activities and organizations.
7 (3) A state university or college board of trustees
8 may authorize the rent or lease of parking facilities if the
9 facilities are funded through parking fees or parking fines
10 imposed by a university or college. A board of trustees may
11 authorize a university or college to charge fees for parking
12 at such rented or leased parking facilities.
13 (4) Each board of trustees shall implement the
14 university facilities plan in accordance with law and
15 guidelines of the Commissioner of Education's Office of
16 Educational Facilities and SMART Schools Clearinghouse.
17 (5) A board of trustees shall perform any other duties
18 that are provided by law or rule of the State Board of
19 Education.
20 (6) For purposes of chapter 284, university and
21 college boards of trustees are state agencies. However, the
22 university and college boards of trustees may become exempt
23 from the provisions of chapter 284 if the Department of
24 Insurance determines that the university or college board of
25 trustees maintains insurance protection that is comparable or
26 greater than the coverage limits provided under the State Risk
27 Management Trust Fund.
28 Section 36. Section 240.2014, Florida Statutes, is
29 created to read:
30 240.2014 University and college presidents; powers and
31 duties.--
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1 (1) The president is the chief executive officer of
2 the university or college, shall be corporate secretary of the
3 state university or college board of trustees, and is
4 responsible for the operation and administration of the
5 university or college. Each university and college president
6 shall:
7 (a) Recommend the adoption of rules to the state
8 university or college board of trustees to implement
9 provisions of law governing the operation and administration
10 of the university or college, which shall include the specific
11 powers and duties enumerated in this section.
12 (b) Prepare a budget request and an operating budget
13 for approval by the university or college board of trustees.
14 (c) Administer the university or college personnel
15 system within law and rules of the State Board of Education
16 and in accordance with rules or policies approved by the
17 university or college board of trustees.
18 (d) Govern admissions, subject to laws, rules, and
19 policies of the university or college board of trustees and
20 the State Board of Education.
21 (e) Approve, execute, and administer contracts for and
22 on behalf of the university or college board of trustees for
23 the acquisition of commodities, goods, licenses, equipment,
24 services, leases of real and personal property, and planning
25 and construction to be rendered to or by the university or
26 college. Any contract exceeding $1 million must be approved by
27 the university or college board of trustees before the
28 contract is entered. University and college presidents shall
29 comply with s. 287.055 for the procurement of professional
30 services. For purposes of a university or college president's
31 contracting authority, a "continuing contract" for
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1 professional services under s. 287.055 is one in which
2 construction costs do not exceed $1 million or the fee for
3 study activity does not exceed $100,000.
4 (f) Manage the property and other resources of the
5 university or college.
6 (g) Establish the academic calendar of the university
7 or college.
8 (h) Administer the university's or college's program
9 of intercollegiate athletics.
10 (i) Recommend to the board of trustees the
11 establishment and termination of undergraduate and
12 master's-level degree programs.
13 (j) Award degrees.
14 (k) Recommend to the board of trustees a schedule of
15 tuition and fees to be charged by the university or college,
16 within law and rules of the State Board of Education.
17 (l) Review periodically the operations of the
18 university or college in order to determine how effectively
19 and efficiently the university or college is being
20 administered and whether it is meeting the goals of its
21 strategic plan adopted by the State Board of Education.
22 (m) Enter into agreements for student-exchange
23 programs that involve students at the university or college
24 and students in other institutions of higher learning.
25 (n) Provide purchasing, contracting, and budgetary
26 review processes for student government organizations.
27 (o) Ensure compliance with federal and state laws,
28 rules, and other requirements that are applicable to the
29 university or college.
30 (p) Maintain all data and information pertaining to
31 the operation of the university or college, and report on the
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1 attainment by the university or college of institutional and
2 statewide performance accountability goals.
3 (q) Administer matters relating to students such as
4 classification, attendance, progress, student accounts,
5 discipline, suspension, expulsion, and graduation subject to
6 the law, the rules of the State Board of Education, and the
7 rules of the university and college boards of trustees.
8 (2) For purposes of this chapter, the powers, duties,
9 and authority vested with a university or college shall be
10 vested with the president of the university or college or his
11 or her designee. Unless expressly prohibited by law, rule of
12 the State Board of Education, or rule of the university or
13 college board of trustees, each university and college
14 president may delegate any power, duty, or authority vested in
15 the university or college president by law, rule of the State
16 Board of Education, or rule of the university or college board
17 of trustees.
18 Section 37. Sections 240.202 and 240.203, Florida
19 Statutes; section 240.205, Florida Statutes, as amended by
20 section 32 of chapter 2001-170, Laws of Florida; section
21 240.207, Florida Statutes; and section 240.209, Florida
22 Statutes, as amended by section 34 of chapter 2001-170, Laws
23 of Florida, and sections 9, 10, and 52 of chapter 2001-254,
24 Laws of Florida, are repealed.
25 Section 38. Notwithstanding subsection (7) of section
26 3 of chapter 2000-321, Laws of Florida, section 240.2093,
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
31
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1 240.2093 State Board of Education Board of Regents;
2 issuance of bonds pursuant to s. 11(f), Art. VII, State
3 Constitution.--
4 (1) Pursuant to s. 11(f), Art. VII of the State
5 Constitution, the State Board of Education Board of Regents of
6 the State University System, supported by the building fee,
7 the capital improvement fee, or any other revenue approved by
8 the Legislature for facilities construction, is authorized to
9 request the issuance of bonds or other forms of indebtedness
10 pursuant to the State Bond Act to finance or refinance capital
11 projects authorized by the Legislature. In order to take
12 advantage of economic conditions, the Division of Bond Finance
13 shall process requests by the State Board of Education Board
14 of Regents to refinance capital projects under this section on
15 a priority basis.
16 (2) The State Board of Education Board of Regents may
17 approve the issuance of revenue bonds or other forms of
18 indebtedness by a direct-support organization when such
19 revenue bonds or other forms of indebtedness are used to
20 finance or refinance capital projects that which are to
21 provide facilities necessary and desirable to serve the needs
22 and purposes of the state universities and colleges
23 university, as determined by the systemwide strategic plan
24 adopted by the State Board of Education Board of Regents, and
25 when the project has been approved by the Legislature.
26 Section 39. Notwithstanding subsection (7) of section
27 3 of chapter 2000-321, Laws of Florida, section 240.2094,
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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1 240.2094 State university and college University
2 System management flexibility.--
3 (1) Notwithstanding the provisions of s. ss. 216.031,
4 216.181, 216.262, and 240.271 to the contrary and pursuant to
5 the provisions of s. 216.351, but subject to any guidelines
6 imposed in the General Appropriations Act, funds for the
7 operation of the state universities and colleges State
8 University System shall be requested and appropriated as
9 grants and aids. within budget entities, program components,
10 program categories, lump sums, or special categories. Funds
11 appropriated to the State University System for each program
12 category, lump sum, or special category may be transferred to
13 traditional categories for expenditure by the Board of
14 Regents. The Board of Regents shall provide each university an
15 approved budget based upon the appropriations act, and the
16 universities shall develop an annual operating budget that
17 allocates funds by program component and traditional
18 expenditure category.
19 (2) Notwithstanding the provisions of s. 216.181 and
20 pursuant to the provisions of s. 216.351, but subject to any
21 requirements imposed in the General Appropriations Act, no
22 lump-sum plan is required to implement the special categories,
23 program categories, or lump-sum appropriations. Upon release
24 of the special categories, program categories, or lump-sum
25 appropriations to the Board of Regents, the Comptroller, upon
26 the request of the Board of Regents, shall transfer or
27 reallocate funds to or among accounts established for each
28 university within each budget entity, for disbursement
29 purposes. The Board of Regents shall maintain records to
30 account for the original appropriation.
31
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1 (3) Notwithstanding the provisions of ss. 216.031,
2 216.181, 216.251, and 216.262 to the contrary and pursuant to
3 the provisions of s. 216.351, but subject to any requirements
4 imposed in the General Appropriations Act, the Board of
5 Regents shall establish the authorized positions and initial
6 approved salary rate and may amend such positions and rate,
7 within the maximum number of total positions and salary rate
8 authorized annually in the appropriations act.
9 Section 40. Sections 240.20941, 240.2095, and
10 240.2097, Florida Statutes, are repealed.
11 Section 41. Notwithstanding subsection (7) of section
12 3 of chapter 2000-321, Laws of Florida, section 240.2098,
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:
16 240.2098 University Student ombudsman office.--
17 (1) There is created at Each university and college
18 shall have a student ombudsman office, which is accountable to
19 the president.
20 (2) Each university and college must have an
21 established procedure by which a student may appeal to the
22 office of the ombudsman a decision that is related to the
23 student's access to courses and credit granted toward the
24 degree. Each university and college must notify students of
25 the appeal procedure. Detailed information concerning this
26 procedure must be included in the university catalog.
27 (3) Each university shall develop minimum standards
28 for the role of ombudsman or student advocate. The standards
29 shall address the issue of notification of students of
30 opportunities for assistance or appeal.
31
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1 Section 42. Notwithstanding subsection (7) of section
2 3 of chapter 2000-321, Laws of Florida, section 240.2099,
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:
6 240.2099 Computer-assisted student advising system;
7 plans.--The State Board of Education shall establish the
8 Florida Center for Advising and Academic Support whose mission
9 shall be to promote system integration and articulation among
10 K-20 educational organizations through the implementation of a
11 statewide student advising system. The system Board of Regents
12 and State Board of Community Colleges shall develop plans for
13 implementing a single, statewide computer-assisted student
14 advising system, which must be an integral part of the process
15 of advising, admitting, registering, and certifying students
16 for graduation. The Plans shall include timelines for the
17 implementation of the system and shall be submitted to the
18 Legislature by October 1, 1996. It is intended that an
19 advising system shall be the primary advising and tracking
20 tool for students enrolled in community colleges, colleges,
21 and universities and shall be accessible to students enrolled
22 in each of the state universities, colleges, community
23 colleges, and public secondary schools. The Commissioner of
24 Education shall establish a committee to oversee the
25 development and maintenance of the advising system. The
26 university, college, and community college boards of trustees
27 shall implement the Florida Academic Counseling and Tracking
28 System. The State University System and the community college
29 system shall establish a committee to oversee the development
30 and maintenance of the advising system. The system shall
31
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1 consist of a degree audit and an articulation component that
2 includes the following characteristics:
3 (1) The system shall constitute an integral part of
4 the process of advising students and assisting them in course
5 selection. The system shall be accessible to students in the
6 following ways:
7 (a) A student must be able to access the system, at
8 any time, to identify course options that will meet the
9 requirements of a selected path toward a degree.
10 (b) A status report from the system shall be generated
11 and sent with each grade report to each student with a
12 declared major.
13 (2) The system shall be an integral part of the
14 registration process. As part of the process, the system
15 shall:
16 (a) Provide reports that document each student's
17 status toward completion of a degree.
18 (b) Verify that a student has completed requirements
19 for graduation.
20 (3) The system must provide management information to
21 decisionmakers, including information relating student
22 enrollment patterns and course demands to plans for
23 corresponding course offerings and information useful in
24 planning the student registration process.
25 (4) The Florida Center for Advising and Academic
26 Support shall also work with the public secondary system to
27 provide computer-assisted student advising through which
28 students may obtain information related to career
29 descriptions, corresponding educational requirements,
30 admission into state universities and colleges, and financial
31 aid.
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1 (5) The Florida Center for Advising and Academic
2 Support shall report annually to the President of the Senate
3 and the Speaker of the House of Representatives by December 1,
4 the universities, colleges, and community colleges that have
5 not implemented the statewide computer-assisted student
6 advising system.
7 Section 43. Sections 240.2111 and 240.2112, Florida
8 Statutes, are repealed.
9 Section 44. Notwithstanding subsection (7) of section
10 3 of chapter 2000-321, Laws of Florida, section 240.213,
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:
14 240.213 University and college boards of trustees
15 Board authorized to secure liability insurance.--
16 (1) Each university and college board of trustees may
17 The Board of Regents is authorized to secure, or otherwise
18 provide as a self-insurer, or by a combination thereof,
19 comprehensive general liability insurance, including
20 professional liability for health care and veterinary
21 sciences, for:
22 (a) The university or college board of trustees board.
23 (b) The students of the university or college and
24 faculty of any university within the State University System.
25 (c) The officers, members, employees, faculty, or
26 agents of the university or college board of trustees board.
27 (d) The state university or college, or any college,
28 school, institute, center, or program thereof.
29 (d) The professional practitioners practicing a
30 profession within, or by virtue of employment by, any
31 university in the State University System.
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1 (e) Any of the universities in the State University
2 System or subdivisions thereof.
3 (e)(f) Any not-for-profit corporation organized
4 pursuant to chapter 617, and the directors, officers,
5 employees, and agents thereof, which is affiliated with a
6 state university or college in the State University System, if
7 the corporation is operated for the benefit of a state
8 university or college in a manner consistent with the best
9 interests of the state, and if such participation is approved
10 by the self-insurance program appropriate insurance trust fund
11 council, university or college president, and the university
12 or college board of trustees Board of Regents.
13
14 The Board of Regents is authorized to delegate to the
15 universities, as appropriate, the authority to secure any
16 liability insurance for the above.
17 (2) If a university or college board of trustees
18 adopts a self-insurance program, the university or college
19 board of trustees shall establish a governing council to
20 administer the program, including the administration of the
21 self-insurance program assets and expenditures, which shall be
22 defined by rules adopted by the university or college board of
23 trustees. If the self-insurance program is established for
24 health care or veterinary services, the vice president of
25 health affairs or his or her academic equivalent shall be the
26 chair of the governing council. Each university or college
27 board of trustees shall ensure that the governing council
28 performs an annual actuarial review to establish funding
29 requirements to maintain the fiscal integrity of the
30 self-insurance program. In the event the Board of Regents
31 adopts a self-insurance program, the necessary trust funds in
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1 the State Treasury may be established pursuant to law.
2 Provided that the annual actuarial report to the
3 self-insurance trust fund council is provided each year to the
4 Auditor General within 60 days after acceptance by the
5 council, The assets of a self-insurance program shall may be
6 deposited outside the State Treasury, and at the option of the
7 Board of Regents, in accounts established pursuant to law for
8 that purpose. Self-insurance program trust funds shall be
9 administered in accordance with rules adopted by each
10 university or college board of trustees established by the
11 Board of Regents. Each self-insurance program governing
12 council shall make provisions for an annual postaudit of its
13 financial accounts to be conducted by an independent certified
14 public accountant in accordance with the rules adopted by the
15 university or college board of trustees. The annual audit
16 report shall include a management letter and shall be
17 submitted, within 9 months after the end of the fiscal year,
18 to the board of trustees and the Auditor General for review.
19 The university and college boards of trustees, the Auditor
20 General, and the Office of Program Policy Analysis and
21 Government Accountability may require and receive from the
22 self-insurance program council or from its independent auditor
23 any detail or supplemental data relative to the operation of
24 the self-insurance program.
25 (3) Any self-insurance program created pursuant to
26 this section shall be funded by the entities and individuals
27 protected by such program. Funds may not be appropriated to
28 any self-insurance fund. The assets of the self-insurance
29 program shall be the property of the university or college
30 board of trustees and shall be used to pay the administrative
31 expenses of the self-insurance program and to pay any claim,
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1 judgment, or claims bill arising out of activities for which
2 the self-insurance program was created. Investment income that
3 is in excess of that income necessary to ensure the solvency
4 of a self-insurance program as established by a casualty
5 actuary may be used to defray the annual contributions paid
6 into the program by the entities and individuals protected by
7 the program. There shall be no funds appropriated directly to
8 any insurance trust fund. The Board of Regents is authorized
9 to accept any payments, receipts, gifts, or donations made for
10 the purposes of this section and deposit such funds in the
11 appropriate insurance trust fund.
12 (4) No self-insurance program adopted by a university
13 or college board of trustees the Board of Regents may sue or
14 be sued. The Board of Regents shall pay, out of the assets of
15 a trust fund established pursuant to this section, any claim
16 or judgment for which the self-insurance trust funds were
17 created and which is rendered against the board. The claims
18 files of any such program are privileged and confidential,
19 exempt from the provisions of s. 119.07(1), and are only for
20 the use of the program in fulfilling its duties. Any
21 self-insurance trust fund and revenues generated by that fund
22 shall only be used to pay claims and administration expenses.
23 (5) The university and college boards of trustees may
24 adopt Board of Regents is authorized and empowered to make
25 such rules as may be necessary to carry out the provisions of
26 this section, including the delegation of authority, other
27 than rulemaking authority, to appropriate levels of
28 administration within the State University System.
29 Section 45. Notwithstanding subsection (7) of section
30 3 of chapter 2000-321, Laws of Florida, section 240.214,
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:
3 240.214 State university and college System
4 accountability process.--It is the intent of the Legislature
5 that an accountability process be implemented which provides
6 for the systematic, ongoing evaluation of quality and
7 effectiveness of the state universities and colleges in the
8 State University System. It is further the intent of the
9 Legislature that this accountability process monitor
10 performance at the system level in each of the major areas of
11 instruction, research, and public service, while recognizing
12 the differing missions of each of the state universities and
13 colleges. The accountability process shall provide for the
14 adoption of systemwide performance standards and performance
15 goals for each standard identified through a collaborative
16 effort involving the state universities and colleges State
17 University System, the Legislature, and the Governor's Office.
18 These standards and goals shall be consistent with s.
19 216.011(1) to maintain congruity with the performance-based
20 budgeting process. This process requires that university and
21 college accountability reports reflect measures defined
22 through performance-based budgeting. The performance-based
23 budgeting measures must also reflect the elements of teaching,
24 research, and service inherent in the missions of the state
25 universities and colleges institutions in the State University
26 System.
27 (1) By December 31 of each year, the State Board of
28 Education Board of Regents shall submit an annual
29 accountability report providing information on the
30 implementation of performance standards, actions taken to
31 improve university and college achievement of performance
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1 goals, the achievement of performance goals during the prior
2 year, and initiatives to be undertaken during the next year.
3 The accountability reports shall be designed in consultation
4 with the Governor's Office, the Office of Program Policy
5 Analysis and Government Accountability, and the Legislature.
6 (2) The State Board of Education Board of Regents
7 shall recommend in the annual accountability report any
8 appropriate modifications to this section.
9 Section 46. Section 240.2145, Florida Statutes, is
10 repealed.
11 Section 47. Notwithstanding subsection (7) of section
12 3 of chapter 2000-321, Laws of Florida, section 240.215,
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:
16 240.215 Payment of costs of civil action against
17 officers, agents, members, or employees of a university or
18 college board of trustees employees or members of the Board of
19 Regents.--
20 (1) Whenever any civil action has been brought against
21 any officer, agent, member, or employee of a university or
22 college board of trustees board member or employee for any act
23 or omission arising out of and in the course of the
24 performance of his or her duties and responsibilities, the
25 university or college board of trustees Board of Regents may
26 defray all costs of defending such action, including
27 reasonable attorney's fees and expenses together with costs of
28 appeal, and may save harmless and protect such person from any
29 financial loss resulting from the lawful performance of his or
30 her duties and responsibilities. A university or college board
31 of trustees may settle claims based on such acts or omissions
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1 before or after the filing of suit. Claims based on such
2 actions or omissions may, in the discretion of the Board of
3 Regents, be settled prior to or after the filing of suit
4 thereon. A university or college board of trustees The Board
5 of Regents may arrange for and pay the premium for appropriate
6 insurance to cover all such losses and expenses.
7 (2) An employee or agent under the right of control of
8 a university or college board of trustees the Board of Regents
9 who, pursuant to the university or college board of trustees'
10 Board of Regents' policies or rules, renders medical care or
11 treatment at any hospital or health care facility with which a
12 university or college board of trustees the Board of Regents
13 maintains an affiliation agreement whereby the hospital or
14 health care facility provides to the university or college
15 board of trustees Board of Regents a clinical setting for
16 health care education, research, and services, shall not be
17 deemed to be an agent of any person other than the university
18 or college board of trustees Board of Regents in any civil
19 action resulting from any act or omission of the employee or
20 agent while rendering said medical care or treatment. For this
21 subsection to apply, the patient shall be provided separate
22 written conspicuous notice by the university or college board
23 of trustees Board of Regents or by the hospital or health care
24 facility, and shall acknowledge receipt of this notice, in
25 writing, unless impractical by reason of an emergency, either
26 personally or through another person authorized to give
27 consent for him or her, that he or she will receive care
28 provided by university or college board of trustees' Board of
29 Regents' employees and liability, if any, that may arise from
30 that care is limited as provided by law. Compliance by a
31 hospital or health care facility with the requirements of
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1 chapter 395 or s. 766.110(1) shall not be used as evidence in
2 any civil action to establish an agency relationship between
3 the hospital or health care facility and an employee or agent
4 of a university or college board of trustees the Board of
5 Regents providing services within the hospital or health care
6 facility.
7 (3) All faculty physicians employed by a university or
8 college board of trustees the Board of Regents who are subject
9 to the requirements of s. 456.013 shall complete their risk
10 management continuing education on issues specific to academic
11 medicine. Such continuing education shall include instruction
12 for the supervision of resident physicians as required by the
13 Accreditation Council for Graduate Medical Education. The
14 boards described in s. 456.013 shall adopt rules to implement
15 the provisions of this subsection.
16 (4) The university and college boards of trustees may
17 use any funds There are appropriated out of any funds
18 available in the university system, not subject to the
19 obligation of contract, covenant, or trust, or otherwise
20 restricted by law, the amounts necessary to carry out the
21 purposes of this section.
22 (5) Failure of a university or college board of
23 trustees the Board of Regents or an affiliated health care
24 provider to do any act authorized by this section shall not
25 constitute a cause of action against the university or college
26 board of trustees, its members, officers, agents, or employees
27 Board of Regents, or an affiliated health care provider, or
28 any of its their members, officers, or employees.
29 Section 48. Sections 240.217 and 240.219, Florida
30 Statutes, are repealed.
31
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1 Section 49. Notwithstanding subsection (7) of section
2 3 of chapter 2000-321, Laws of Florida, section 240.222,
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:
6 240.222 Assent to Hatch Act and Morrill Land-Grant
7 Acts Act.--The assent of the Legislature is given to the
8 provisions and requirements of the Acts Act of Congress
9 commonly known as the "Hatch Act of 1887," and the Act of
10 Congress commonly known as the "First Morrill Act of 1862,"
11 and the "Second Morrill Act of 1890," and all acts
12 supplemental thereto., and The Board of Trustees of the
13 University of Florida Regents may receive grants of money
14 appropriated under said acts, insofar as the same, or so much
15 thereof, can be used and appropriated for the benefit of the
16 University of Florida Institute of Food and Agricultural
17 Sciences with respect to the First Morrill Act and the Hatch
18 Act, and all acts supplemental thereto, and the Florida
19 Agricultural and Mechanical University Board of Trustees may
20 receive grants of money appropriated for the benefit of
21 Florida Agricultural and Mechanical University in the case of
22 the Second Morrill Act, and all acts supplemental thereto
23 State University System. The provisions of chapter 3564, 1885,
24 Laws of Florida, and s. 7, chapter 1776, 1870, Laws of
25 Florida, are made applicable to such universities the State
26 University System insofar as the same are or can be made
27 effective; and all estate, right, property claim, and
28 emoluments, and the rents and issues thereof, or any
29 substitutions thereof, and all claims and demands arising or
30 that may or can arise thereunder, or any Act of Congress in
31 that regard, are hereby preserved, maintained, and transferred
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1 to the University of Florida Board of Trustees and Florida
2 Agricultural and Mechanical University Board of Trustees Board
3 of Regents for the use and benefit of such universities under
4 the terms of the acts the State University System.
5 Section 50. Notwithstanding subsection (7) of section
6 3 of chapter 2000-321, Laws of Florida, section 240.223,
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:
10 240.223 University and college boards of trustees
11 Board of Regents empowered to act as trustees trustee.--
12 (1) Whenever appointed by any competent court of the
13 state, or by any statute, or in any will, deed, or other
14 instrument, or in any manner whatever as trustee of any funds
15 or real or personal property in which any of the institutions
16 or agencies under its management, control, or supervision, or
17 their departments or branches or students, faculty members,
18 officers, or employees, may be interested as beneficiaries, or
19 otherwise, or for any educational purpose, the university or
20 college board of trustees may Board of Regents is hereby
21 authorized to act as trustees trustee with full legal capacity
22 as trustees trustee to administer such trust property, and the
23 title thereto shall vest in the university or college board of
24 trustees said board as trustee. In all such cases, the
25 university or college board of trustees Board of Regents shall
26 have the power and capacity to do and perform all things as
27 fully as any individual trustee or other competent trustee
28 might do or perform, and with the same rights, privileges, and
29 duties, including the power, capacity, and authority to
30 convey, transfer, mortgage, or pledge such property held in
31 trust and to contract and execute all other documents relating
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1 to said trust property which may be required for, or
2 appropriate to, the administration of such trust or to
3 accomplish the purposes of any such trust.
4 (2) Deeds, mortgages, leases, and other contracts of a
5 university or college board of trustees the Board of Regents
6 relating to real property of any such trust or any interest
7 therein may be executed by the university or college board of
8 trustees Board of Regents, as trustee, in the same manner as
9 is provided by the laws of the state for the execution of
10 similar documents by other corporations or may be executed by
11 the signatures of a majority of the members of the board of
12 trustees; however, to be effective, any such deed, mortgage,
13 or lease contract for more than 10 years of any trust
14 property, executed hereafter by the university or college
15 board of trustees Board of Regents, shall be approved by a
16 resolution of the State Board of Education; and such approving
17 resolution may be evidenced by the signature of either the
18 chair or the secretary of the State Board of Education to an
19 endorsement on the instrument approved, reciting the date of
20 such approval, and bearing the seal of the State Board of
21 Education. Such signed and sealed endorsement shall be a part
22 of the instrument and entitled to record without further
23 proof.
24 (3) All prior acts of and appointments by the former
25 Board of Regents are hereby approved, ratified, confirmed, and
26 validated. Any and all such appointments of, and acts by, the
27 Board of Regents as trustee of any estate, fund, or property
28 prior to May 18, 1949, are hereby validated, and said board's
29 capacity and authority to act as trustee in all of such cases
30 is ratified and confirmed; and all deeds, conveyances, lease
31 contracts, and other contracts heretofore executed by the
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1 Board of Regents, either by the signatures of a majority of
2 the members of the board or in the board's name by its chair
3 or chief executive officer, are hereby approved, ratified,
4 confirmed, and validated.
5 (4) This section does not Nothing herein shall be
6 construed to authorize a university or college board of
7 trustees the Board of Regents to contract a debt on behalf of,
8 or in any way to obligate, the state; and the satisfaction of
9 any debt or obligation incurred by a university or college
10 board of trustees the Board of Regents as trustee under the
11 provisions of this section shall be exclusively from the trust
12 property, mortgaged or encumbered; and nothing herein shall in
13 any manner affect or relate to the provision of part I of
14 chapter 243.
15 Section 51. Notwithstanding subsection (7) of section
16 3 of chapter 2000-321, Laws of Florida, section 240.229,
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:
20 240.229 Universities and colleges; powers; patents,
21 copyrights, and trademarks.--Any other law to the contrary
22 notwithstanding, each university and college is authorized, in
23 its own name, to:
24 (1) Perform all things necessary to secure letters of
25 patent, copyrights, and trademarks on any work products and to
26 enforce its rights therein. The university and college shall
27 consider contributions by university or college personnel in
28 the development of trademarks, copyrights, and patents and
29 shall enter into written contracts with such personnel
30 establishing the interests of the university or college and
31 such personnel in each trademark, copyright, or patent.
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1 (2) License, lease, assign, or otherwise give written
2 consent to any person, firm, or corporation for the
3 manufacture or use thereof, on a royalty basis or for such
4 other consideration as the university or college shall deem
5 proper.
6 (3) Take any action necessary, including legal action,
7 to protect the same against improper or unlawful use or
8 infringement.
9 (4) Enforce the collection of any sums due the
10 university or college for the manufacture or use thereof by
11 any other party.
12 (5) Sell any of the same and execute all instruments
13 necessary to consummate any such sale.
14 (6) Do all other acts necessary and proper for the
15 execution of powers and duties herein conferred upon the
16 university or college. The university or college board of
17 trustees may adopt rules to implement, including adopting
18 rules, as necessary, in order to administer this section. Any
19 proceeds therefrom shall be deposited and expended in
20 accordance with s. 240.241. Any action taken by the university
21 or college in securing or exploiting such trademarks,
22 copyrights, or patents shall, within 30 days, be reported in
23 writing by the president to the Department of State.
24 Section 52. Section 240.231, Florida Statutes, is
25 repealed.
26 Section 53. Notwithstanding subsection (7) of section
27 3 of chapter 2000-321, Laws of Florida, section 240.233,
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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1 240.233 Universities and colleges; admissions of
2 students.--Each university and college board of trustees may
3 is authorized to adopt rules governing the admission of
4 students, subject to this section and rules of the State Board
5 of Education Board of Regents.
6 (1) Minimum academic standards for undergraduate
7 admission to a university or college must include the
8 requirements that:
9 (a) Each student have received a high school diploma
10 pursuant to s. 232.246, or its equivalent, except as provided
11 in s. 240.116(2) and (3).
12 (b) Each student have successfully completed a
13 college-preparatory curriculum of 19 credits, as defined in
14 rules of the State Board of Education Board of Regents,
15 including at least 2 credits of sequential foreign language at
16 the secondary level or the equivalent of such instruction at
17 the postsecondary level. A student whose native language is
18 not English is exempt from this admissions requirement,
19 provided that the student demonstrates proficiency in the
20 native language. If a standardized test is not available in
21 the student's native language for the demonstration of
22 proficiency, the university or college may provide an
23 alternative method of assessment. The State Board of
24 Education shall adopt rules for the articulation of foreign
25 language competency and equivalency between secondary and
26 postsecondary institutions. A student who received an
27 associate in arts degree prior to September 1, 1989, or who
28 enrolled in a program of studies leading to an associate
29 degree from a Florida community college prior to August 1,
30 1989, and maintains continuous enrollment shall be exempt from
31 this admissions requirement.
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1 (c) Each student have submitted a test score from the
2 Scholastic Assessment Test of the College Entrance Examination
3 Board or the American College Testing Program.
4 (2) The minimum admission standards adopted by the
5 State Board of Education, Board of Regents or a state
6 university, or a college must permit a student to earn at
7 least 4 of the 19 credits constituting the college-preparatory
8 curriculum required for admission as electives in any one of
9 the following manners:
10 (a) Successful completion of any course identified in
11 the Department of Education course code directory as level two
12 or higher in one or more of the following subject areas:
13 English, mathematics, natural science, social science, and
14 foreign language;
15 (b) Successful completion of any course identified in
16 the Department of Education course code directory as level
17 three in the same or related disciplines;
18 (c) Any combination of the courses identified in
19 paragraphs (a) and (b); or
20 (d) Successful completion of two credits from the
21 courses identified in paragraph (a), plus no more than two
22 total credits from the following categories of courses:
23 1. Courses identified in the Department of Education
24 course code directory as ROTC and military training;
25 2. Courses identified in the Department of Education
26 course code directory as level two in art-visual arts, dance,
27 drama-theatre arts, language arts, or music; or
28 3. Any additional courses determined to be equivalent
29 by the Articulation Coordinating Committee.
30 (3) The State Board of Education Board of Regents
31 shall adopt rules that which provide for a limited number of
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1 students to be admitted to the state universities and colleges
2 State University System, notwithstanding the admission
3 requirements of paragraph (1)(b) relating to credits in
4 foreign language, if there is evidence that the applicant is
5 expected to do successful academic work at the admitting
6 university or college. The number of applicants admitted under
7 this subsection may not exceed 5 percent of the total number
8 of freshmen who entered the state universities and colleges
9 State University System the prior year. Any lower-division
10 student admitted without meeting the foreign language
11 requirement must earn such credits prior to admission to the
12 upper division of a state university or college. Any associate
13 in arts degree graduate from a public community college,
14 college, or university in Florida, or other upper-division
15 transfer student, admitted without meeting the foreign
16 language requirement, must earn such credits prior to
17 graduation from a state university or college. Students shall
18 be exempt from the provisions of this subsection if they can
19 demonstrate proficiency in American sign language equivalent
20 to that of students who have completed two credits of such
21 instruction in high school.
22 (4)(a) Nonresident students may be admitted to the
23 university or college upon such terms as the university or
24 college board of trustees may establish. However, such terms
25 shall include, but shall not be limited to: completion of a
26 secondary school curriculum which includes 4 years of English;
27 3 years each of mathematics, science, and social sciences; and
28 2 years of a foreign language.
29 (b) Within the admission standards provided for in
30 subsection (1), the State Board of Education Board of Regents
31 shall develop procedures for weighting courses which are
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1 necessary to meet the requirements of a college-preparatory
2 curriculum at a higher value than less rigorous courses.
3 Credits received in such courses shall be given greater value
4 in determining admission by universities and colleges than
5 cumulative grade point averages in high school.
6 (5) Consideration shall be given to the past actions
7 of any person applying for admission as a student to any state
8 university or college, either as a new applicant, an applicant
9 for continuation of studies, or a transfer student, when such
10 actions have been found to disrupt or interfere with the
11 orderly conduct, processes, functions, or programs of any
12 other university, college, or community college.
13 (6) In any application for admission by a student as a
14 citizen of the state, the applicant, if 18 years of age, or,
15 if a minor, his or her parents or guardian shall make and file
16 with such application a written statement under oath that such
17 applicant is a citizen and resident of the state and entitled,
18 as such, to admission upon the terms and conditions prescribed
19 for citizens and residents of the state.
20 (7) Rules of the State Board of Education shall
21 require the use of scores on tests of college-level
22 communication and computation skills provided in s. 229.551 as
23 a condition for admission of students to upper-division
24 instructional programs from community colleges, including
25 those who have been awarded associate in arts degrees. Use of
26 such test scores as an admission requirement shall extend
27 equally and uniformly to students enrolled in lower divisions
28 in the state universities and colleges State University System
29 and to transfer students from other colleges and universities.
30 The tests shall be required for community college students
31 seeking associate in arts degrees and students seeking
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1 admission to upper-division instructional programs in the
2 state universities or colleges State University System. The
3 use of test scores prior to August 1, 1984, shall be limited
4 to student counseling and curriculum improvement.
5 (8) For the purposes of this section, American sign
6 language constitutes a foreign language. Florida high schools
7 may offer American sign language as a for-credit elective or
8 as a substitute for any already authorized foreign language
9 requirement.
10 (9) A Florida resident who is denied admission as an
11 undergraduate to a state university or college for failure to
12 meet the high school grade point average requirement may
13 appeal the decision to the university or college and request a
14 recalculation of the grade point average including in the
15 revised calculation the grades earned in up to three credits
16 of advanced fine arts courses. The university or college shall
17 provide the student with a description of the appeals process
18 at the same time as notification of the admissions decision.
19 The university or college shall recalculate the student's
20 grade point average using the additional courses and advise
21 the student of any changes in the student's admission status.
22 For purposes of this section, fine arts courses include
23 courses in music, drama, painting, sculpture, speech, debate,
24 or a course in any art form that requires manual dexterity.
25 Advanced level fine arts courses include fine arts courses
26 identified in the course code directory as Advanced Placement,
27 pre-International Baccalaureate, or International
28 Baccalaureate, or fine arts courses taken in the third or
29 fourth year of a fine arts curriculum.
30 (10) Each university and college shall provide
31 registration opportunities for transfer students which allow
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1 such students access to high-demand courses comparable to that
2 provided native students. In addition, each university and
3 college that provides an orientation program for freshman
4 enrollees shall also provide orientation programs for transfer
5 students. Each orientation program for freshman or transfer
6 students shall include education on the transmission and
7 prevention of human immunodeficiency virus with emphasis on
8 behavior and attitude change.
9 Section 54. Notwithstanding subsection (7) of section
10 3 of chapter 2000-321, Laws of Florida, section 240.2333,
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:
14 240.2333 Foreign language competence; equivalence
15 determinations.--The Articulation Coordinating Committee shall
16 identify the competencies demonstrated by students upon the
17 successful completion of 2 credits of sequential high school
18 foreign language instruction. For the purpose of determining
19 postsecondary equivalence pursuant to s. 240.233(1)(b), the
20 committee shall develop rules through which community colleges
21 shall correlate such competencies to the competencies required
22 of students in the colleges' respective courses. Based on
23 this correlation, each community college shall identify the
24 minimum number of postsecondary credits that students must
25 earn in order to demonstrate a level of competence in a
26 foreign language at least equivalent to that of students who
27 have completed 2 credits of such instruction in high school.
28 The committee may also specify alternative means by which
29 students can demonstrate equivalent foreign language
30 competence, including means by which a student whose native
31 language is not English may demonstrate proficiency in the
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1 native language. A student who demonstrates proficiency in a
2 native language other than English is exempt from the
3 requirement of completing foreign language courses at the
4 secondary or postsecondary level.
5 Section 55. Notwithstanding subsection (7) of section
6 3 of chapter 2000-321, Laws of Florida, section 240.235,
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:
10 240.235 Fees.--
11 (1) Each university and college board of trustees
12 shall set the matriculation and tuition fees within proviso in
13 the General Appropriations Act and law. Unless otherwise
14 provided in the General Appropriations Act, the fees shall go
15 into effect for the following term.
16 (2) Each university and college board of trustees
17 shall establish the following fees:
18 (a) Each university is authorized to establish
19 Separate activity and service, health, and athletic fees. When
20 duly established, the fees shall be collected as component
21 parts of the registration and tuition fees and shall be
22 retained by the university or college and paid into the
23 separate activity and service, health, and athletic funds.
24 (a)1. Each university and college president shall
25 establish a student activity and service fee on the main
26 campus of the university or college. The university or college
27 president may also establish a student activity and service
28 fee on any branch campus or center. Any subsequent increase in
29 the activity and service fee must be recommended by an
30 activity and service fee committee, at least one-half of whom
31 are students appointed by the student body president. The
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1 remainder of the committee shall be appointed by the
2 university or college president. A chairperson, appointed
3 jointly by the university or college president and the student
4 body president, shall vote only in the case of a tie. The
5 recommendations of the committee shall take effect only after
6 approval by the university or college president, after
7 consultation with the student body president, with final
8 approval by the State Board of Education Board of Regents. An
9 increase in the activity and service fee may occur only once
10 each fiscal year and must be implemented beginning with the
11 fall term. The Board of Regents is responsible for
12 promulgating the rules and timetables necessary to implement
13 this fee.
14 2. The student activity and service fees shall be
15 expended for lawful purposes to benefit the student body in
16 general. This includes shall include, but is shall not be
17 limited to, student publications and grants to duly recognized
18 student organizations, the membership of which is open to all
19 students at the university or college without regard to race,
20 sex, or religion. The fund may not benefit activities for
21 which an admission fee is charged to students, except for
22 student-government-association-sponsored concerts. The
23 allocation and expenditure of the fund shall be determined by
24 the student government association of the university or
25 college, except that the president of the university or
26 college may veto any line item or portion thereof within the
27 budget when submitted by the student government association
28 legislative body. The university or college president shall
29 have 15 school days following from the date of presentation of
30 the budget to act on the allocation and expenditure
31 recommendations, which shall be deemed approved if no action
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1 is taken within the 15 school days. If any line item or
2 portion thereof within the budget is vetoed, the student
3 government association legislative body shall, within 15
4 school days, make new budget recommendations for expenditure
5 of the vetoed portion of the fund. If the university or
6 college president vetoes any line item or portion thereof
7 within the new budget revisions, the university or college
8 president may reallocate by line item that vetoed portion to
9 bond obligations guaranteed by activity and service fees.
10 Unexpended funds and undisbursed funds remaining at the end of
11 a fiscal year shall be carried over and remain in the student
12 activity and service fund and be available for allocation and
13 expenditure during the next fiscal year.
14 3.(b) Each university and college president shall
15 establish a student health fee on the main campus of the
16 university or college. Each The university and college
17 president may also establish a student health fee on any
18 branch campus or center. Any subsequent increase in the health
19 fee must be recommended by a health committee, at least
20 one-half of whom are students appointed by the student body
21 president. The remainder of the committee shall be appointed
22 by the university or college president. A chairperson,
23 appointed jointly by the university or college president and
24 the student body president, shall vote only in the case of a
25 tie. The recommendations of the committee shall take effect
26 only after approval by the university or college president,
27 after consultation with the student body president, with final
28 approval by the State Board of Education Board of Regents. An
29 increase in the health fee may occur only once each fiscal
30 year and must be implemented beginning with the fall term. The
31
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1 Board of Regents is responsible for promulgating the rules and
2 timetables necessary to implement this fee.
3 4.(c) Each university and college president shall
4 establish a separate athletic fee on the main campus of the
5 university or college. Each The university and college
6 president may also establish a separate athletic fee on any
7 branch campus or center. The initial aggregate athletic fee at
8 each university shall be equal to, but may be no greater than,
9 the 1982-1983 per-credit-hour activity and service fee
10 contributed to intercollegiate athletics, including women's
11 athletics, as provided by s. 240.533. Concurrently with the
12 establishment of the athletic fee, the activity and service
13 fee shall experience a one-time reduction equal to the initial
14 aggregate athletic fee. Any subsequent increase in the
15 athletic fee must be recommended by an athletic fee committee,
16 at least one-half of whom are students appointed by the
17 student body president. The remainder of the committee shall
18 be appointed by the university or college president. A
19 chairperson, appointed jointly by the university or college
20 president and the student body president, shall vote only in
21 the case of a tie. The recommendations of the committee shall
22 take effect only after approval by the university or college
23 president, after consultation with the student body president,
24 with final approval by the State Board of Education Board of
25 Regents. An increase in the athletic fee may occur only once
26 each fiscal year and must be implemented beginning with the
27 fall term. The Board of Regents is responsible for
28 promulgating the rules and and timetables necessary to
29 implement this fee.
30 5. The sum of the activity and service, health, and
31 athletic fees a student is required to pay to register for a
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1 course may not exceed 40 percent of the matriculation fee
2 established in law or in the General Appropriations Act. A
3 university or college is not required to lower any fee on the
4 effective date of this act in order to comply with this
5 paragraph. Within the 40-percent cap, a university or college
6 may not increase the aggregate sum of activity and service,
7 health, and athletic fees more than 5 percent per year unless
8 specifically authorized by law or in the General
9 Appropriations Act.
10 (b) A nonrefundable application fee in an amount not
11 to exceed $30.
12 (c) An orientation fee in an amount not to exceed $35.
13 (d) A fee for security, access, or identification
14 cards. The annual fee for such a card may not exceed $10 per
15 card.
16 (e) Materials and supplies fees to offset the cost of
17 materials or supplies that are consumed in the course of the
18 student's instructional activities, excluding the cost of
19 equipment replacement, repairs, and maintenance.
20 (f) The Capital Improvement Trust Fund fee of $2.44
21 per credit hour per semester. The building fee is established
22 as $2.32 per credit hour per semester.
23 (g) A fee for financial aid purposes in an amount not
24 to exceed 5 percent of the student tuition and matriculation
25 fee per credit hour. The revenues from fees are to remain at
26 each campus and replace existing financial aid fees. Such
27 funds shall be disbursed to students as quickly as possible.
28 The State Board of Education shall specify specific limits on
29 the percent of the fees collected in a fiscal year which may
30 be carried forward unexpended to the following fiscal year. A
31 minimum of 50 percent of funds from the student financial aid
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1 fee shall be used to provide financial aid based on absolute
2 need. A student who has received an award prior to July 1,
3 1984, shall have his or her eligibility assessed on the same
4 criteria that were used at the time of his or her original
5 award.
6 (3) Each university or college board of trustees may
7 establish the following fees to be paid by students who
8 receive the benefits or whose actions or omissions trigger the
9 fees:
10 (a) An admissions-deposit fee for the University of
11 Florida College of Dentistry in an amount not to exceed $200.
12 (b) Registration fees for audit, zero-hours
13 registration, and late registration in an amount not less than
14 $50 or more than $100 to be imposed on students who fail to
15 initiate registration during the regular registration period.
16 (c) Services charge, which may not exceed $15, for the
17 payment of matriculation, tuition, or fees in installments,
18 subject to the approval of the State Board of Education. The
19 revenues from such service charges shall be deposited into a
20 student fee trust fund the Legislature has established and
21 assigned to the university or college for that purpose.
22 (d) A late-payment fee in an amount not less than $50
23 or more than $100 to be imposed on students who fail to pay or
24 fail to make appropriate arrangements to pay, by means of
25 installment payment, deferment, or third-party billing,
26 matriculation or tuition by the deadline set by each
27 university or college. Each university and college may waive
28 the late-payment fee for minor underpayments.
29 (e) A fee for miscellaneous health-related charges for
30 services provided at cost by the university or college health
31 center which are not covered by the health fee.
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1 (f) Housing rental rates and miscellaneous housing
2 charges for services provided by the university or college at
3 the request of the student.
4 (g) A charge representing the reasonable cost of
5 efforts to collect payment of overdue accounts.
6 (h) A service charge on university or college loans in
7 lieu of interest and administrative handling charges.
8 (i) A fee for off-campus course offerings when the
9 location results in specific, identifiable increased costs to
10 the university or college.
11 (j) Library fees and fines, including charges for
12 damaged and lost library materials, overdue reserve library
13 books, interlibrary loans, and literature searches.
14 (k) Fees relating to duplicating, photocopying,
15 binding, and microfilming; copyright services; and
16 standardized testing. These fees may be charged only to those
17 who receive the services.
18 (l) Fees and fines relating to the use, late return,
19 and loss and damage of facilities and equipment.
20 (m) A returned-check fee as authorized by s. 832.07(1)
21 for unpaid checks returned to the university or college.
22 (n) Traffic and parking fines, charges for parking
23 decals, and transportation-access fees.
24 (o) A fee for child care and services offered by the
25 Educational Research Center for Child Development.
26 (p) Fees for transcripts and diploma replacement, not
27 to exceed $10 per item.
28 (q) A fee for replacement of security, access, or
29 identification cards. The maximum amount charged for a
30 replacement card may not exceed $15.
31
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1 (2) The university may permit the deferral of
2 registration and tuition fees for those students receiving
3 financial aid from federal or state assistance programs when
4 such aid is delayed in being transmitted to the student
5 through circumstances beyond the control of the student.
6 Failure to make timely application for such aid shall be
7 insufficient reason to receive such deferral. Veterans and
8 other eligible students receiving benefits under chapter 30,
9 chapter 31, chapter 32, chapter 34, or chapter 35, 38 U.S.C.,
10 or chapter 106, 10 U.S.C., shall be entitled to one deferment
11 each academic year and an additional deferment each time there
12 is a delay in the receipt of their benefits.
13 (4) When the General Appropriations Act requires a new
14 fee schedule, the university and college boards of trustees
15 shall establish a systemwide standard fee schedule required to
16 produce the total fee revenue established in the General
17 Appropriations Act based on the product of the assigned
18 enrollment and the fee schedule. Each university or college
19 board of trustees may approve the expenditure of any fee
20 revenues resulting from the product of the fee schedule
21 adopted pursuant to this section and the assigned enrollment.
22 (3) The Board of Regents shall establish rules to
23 waive any or all application, course registration, and related
24 fees for persons 60 years of age or older who are residents of
25 this state and who attend classes for credit. No academic
26 credit shall be awarded for attendance in classes for which
27 fees are waived under this subsection. This privilege may be
28 granted only on a space-available basis, if such classes are
29 not filled as of the close of registration. A university may
30 limit or deny the privilege for courses which are in programs
31 for which the Board of Regents has established selective
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1 admissions criteria. Persons paying full fees and state
2 employees taking courses on a space-available basis shall have
3 priority over those persons whose fees are waived in all cases
4 where classroom spaces are limited.
5 (4) Students enrolled in a dual enrollment or early
6 admission program pursuant to s. 240.116 shall be exempt from
7 the payment of registration, matriculation, and laboratory
8 fees. Students enrolled in accordance with this subsection may
9 be calculated as the proportional shares of full-time
10 equivalent enrollments each such student generates for state
11 funding purposes.
12 (5)(a) Any student for whom the state is paying a
13 foster care board payment pursuant to s. 409.145(3) or parts
14 II and III of chapter 39, for whom the permanency planning
15 goal pursuant to part III of chapter 39 is long-term foster
16 care or independent living, or who is adopted from the
17 Department of Children and Family Services after May 5, 1997,
18 shall be exempt from the payment of all undergraduate fees,
19 including fees associated with enrollment in
20 college-preparatory instruction or completion of college-level
21 communication and computation skills testing programs. Before
22 a fee exemption can be given, the student shall have applied
23 for and been denied financial aid, pursuant to s. 240.404,
24 which would have provided, at a minimum, payment of all
25 undergraduate fees. Such exemption shall be available to any
26 student adopted from the Department of Children and Family
27 Services after May 5, 1997; however, the exemption shall be
28 valid for no more than 4 years after the date of graduation
29 from high school.
30 (b) Any student qualifying for a fee exemption under
31 this subsection shall receive such an exemption for not more
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1 than 4 consecutive years or 8 semesters unless the student is
2 participating in college-preparatory instruction or is
3 requiring additional time to complete the college-level
4 communication and computation skills testing programs. Such a
5 student shall be eligible to receive a fee exemption for a
6 maximum of 5 consecutive years or 10 semesters.
7 (c) As a condition for continued fee exemption, a
8 student shall have earned a grade point average of at least
9 2.0 on a 4.0 scale for the previous term, maintain at least an
10 overall 2.0 average for college work, or have an average below
11 2.0 for only the previous term and be eligible for continued
12 enrollment in the institution.
13 (6) Any proprietor, owner, or worker of a company
14 whose business has been at least 50-percent negatively
15 financially impacted by the buyout of property around Lake
16 Apopka by the State of Florida is exempt from the payment of
17 registration, matriculation, and laboratory fees. A student
18 receiving a fee exemption in accordance with this subsection
19 must not have received compensation because of the buyout,
20 must be designated a Florida resident for tuition purposes
21 pursuant to s. 240.1201, and must first have applied for and
22 been denied financial aid, pursuant to s. 240.404, which would
23 have provided, at a minimum, payment of all student fees. The
24 student is responsible for providing evidence to the
25 postsecondary education institution verifying that the
26 conditions of this subsection have been met, including support
27 documentation provided by the Department of Revenue. The
28 student must be currently enrolled in, or begin coursework
29 within, a program area by fall semester 2000. The exemption is
30 valid for a period of 4 years from the date that the
31
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1 postsecondary education institution confirms that the
2 conditions of this subsection have been met.
3 (7) Each university may assess a service charge for
4 the payment of tuition and fees in installments. Such service
5 charge must be approved by the Board of Regents. The revenues
6 from such service charges shall be deposited into a student
7 fee trust fund the Legislature has established and assigned to
8 the university for that purpose.
9 (8) Any graduate student enrolled in a state-approved
10 school psychology training program shall be entitled to a
11 waiver of registration fees for internship credit hours
12 applicable to an internship in the public school system under
13 the supervision of a Department of Education certified school
14 psychologist employed by the school system.
15 (9) The Board of Regents shall exempt one-half of all
16 tuition and course-related fees for certain members of the
17 active Florida National Guard pursuant to the provisions of s.
18 250.10(8).
19 (10) The Board of Regents may establish rules to allow
20 for the waiver of out-of-state fees for nondegree-seeking
21 students enrolled at State University System institutions if
22 the earned student credit hours generated by such students are
23 nonfundable and the direct cost for the program of study is
24 recovered from the fees charged to all students.
25 (5)(11) Students who are enrolled in Programs in
26 Medical Sciences are considered graduate students for the
27 purpose of enrollment and student fees.
28 (6) Subject to the approval of the State Board of
29 Education, a university or college board of trustees may
30 implement an individual university or college plan for a
31
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1 differential out-of-state tuition fee for a university or
2 college that has a service area that borders another state.
3 (7) The assessment of additional fees is subject to
4 the approval of the State Board of Education.
5 Section 56. Notwithstanding subsection (7) of section
6 3 of chapter 2000-321, Laws of Florida, section 240.237,
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:
10 240.237 Student records.--Each The university and
11 college board of trustees may prescribe the content and
12 custody of records and reports which the university or college
13 may maintain on its students. Such records are confidential
14 and exempt from the provisions of s. 119.07(1) and are open to
15 inspection only as provided in s. 228.093.
16 Section 57. Notwithstanding subsection (7) of section
17 3 of chapter 2000-321, Laws of Florida, section 240.239,
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:
21 240.239 Associate in arts degrees; issuance.--
22 (1) The purpose of this section is to require state
23 universities and colleges to present associate in arts
24 certificates upon request to qualified students.
25 (2) Students at state universities and colleges may
26 request associate in arts certificates if they have
27 successfully completed the minimum requirements for the degree
28 of associate in arts (A.A.).
29 (3) An associate in arts degree shall not be granted
30 unless a student has successfully completed minimum
31 requirements for college-level communication and computation
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1 skills adopted by the State Board of Education and 60 academic
2 semester hours or the equivalent within a degree program area,
3 with 36 semester hours in general education courses in the
4 subject areas of communication, mathematics, social sciences,
5 humanities, and natural sciences, consistent with the general
6 education requirements specified in the articulation agreement
7 pursuant to s. 240.115.
8 Section 58. Notwithstanding subsection (7) of section
9 3 of chapter 2000-321, Laws of Florida, section 240.241,
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:
13 240.241 Divisions of sponsored research at state
14 universities.--
15 (1) Each university board of trustees, with the
16 approval of the Department of Education, is authorized to
17 create, as it deems advisable, divisions of sponsored research
18 which will serve the function of administration and promotion
19 of the programs of research, including sponsored training
20 programs, of the university at which they are located.
21 (2) Each The university board of trustees shall set
22 such policies to regulate the activities of the divisions of
23 sponsored research as it may consider necessary to effectuate
24 the purposes of this act and to administer the research
25 programs in a manner which assures efficiency and
26 effectiveness, producing the maximum benefit for the
27 educational programs and maximum service to the state. To
28 this end, materials that relate to methods of manufacture or
29 production, potential trade secrets, potentially patentable
30 material, actual trade secrets, business transactions, or
31 proprietary information received, generated, ascertained, or
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1 discovered during the course of research conducted within the
2 state universities shall be confidential and exempt from the
3 provisions of s. 119.07(1), except that a division of
4 sponsored research shall make available upon request the title
5 and description of a research project, the name of the
6 researcher, and the amount and source of funding provided for
7 such project.
8 (3) A division of sponsored research created under the
9 provisions of this act shall be under the supervision of the
10 president of that university, who is authorized to appoint a
11 director; to employ full-time and part-time staff, research
12 personnel, and professional services; to employ on a part-time
13 basis personnel of the university; and to employ temporary
14 employees whose salaries are paid entirely from the permanent
15 sponsored research development fund or from that fund in
16 combination with other nonstate sources, with such positions
17 being exempt from the requirements of the Florida Statutes
18 relating to salaries, except that no such appointment shall be
19 made for a total period of longer than 1 year.
20 (4) The president of the university where a division
21 of sponsored research is created, or his or her designee, is
22 authorized to negotiate, enter into, and execute research
23 contracts; to solicit and accept research grants and
24 donations; and to fix and collect fees, other payments, and
25 donations that may accrue by reason thereof. The president or
26 his or her designee may negotiate, enter into, and execute
27 contracts on a cost-reimbursement basis and may provide
28 temporary financing of such costs prior to reimbursement from
29 moneys on deposit in the sponsored research development fund,
30 except as may be prohibited elsewhere by law.
31
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1 (5) A division of sponsored research shall be financed
2 from the moneys of a university which are on deposit or
3 received for use in the research or related programs of that
4 particular university. Such moneys shall be deposited by the
5 university in a permanent sponsored research development fund
6 in a depository or depositories approved for the deposit of
7 state funds and shall be accounted for and disbursed subject
8 to regular audit by the Auditor General.
9 (6) The fund balance on hand in any existing research
10 trust fund in the respective university, at the time a
11 division of sponsored research is created, shall be
12 transferred to a permanent sponsored research development fund
13 established for the university, and thereafter the fund
14 balance of the sponsored research development fund at the end
15 of any fiscal period may be used during any succeeding period
16 for the purposes and in the manner authorized by this act.
17 (7) Moneys deposited in the permanent sponsored
18 research development fund of a university shall be disbursed
19 in accordance with the terms of the contract, grant, or
20 donation under which they are received. Moneys received for
21 overhead or indirect costs and other moneys not required for
22 the payment of direct costs shall be applied to the cost of
23 operating the division of sponsored research. Any surplus
24 moneys shall be used to support other research or sponsored
25 training programs in any area of the university. Moneys
26 allocated for the payment of salaries from the sponsored
27 research development fund shall be paid out by the Comptroller
28 of the state in the same manner as salaries from other state
29 funds. Transportation and per diem expense allowances shall be
30 the same as those provided by law for state employees in s.
31 112.061, except that non-State of Florida personnel performing
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1 travel under a sponsored research subcontract may be
2 reimbursed for travel expenses in accordance with the
3 provisions of the applicable prime contract or grant and the
4 travel allowances established by the subcontractor, subject to
5 the requirements of subsection (9), or except as provided in
6 subsection (13).
7 (8)(a) Each university board of trustees shall submit
8 to the State Board of Education Board of Regents a report of
9 the activities of each division of sponsored research together
10 with an estimated budget for the next fiscal year.
11 (b) Not less than 90 days prior to the convening of
12 each regular session of the Legislature in which an
13 appropriation shall be made, the State Board of Education
14 Board of Regents shall submit to the chair of the
15 appropriations committee of each house of the Legislature a
16 compiled report, together with a compiled estimated budget for
17 the next fiscal year. A copy of such report and estimated
18 budget shall be furnished to the State Board of Education and
19 to the Governor, as the chief budget officer of the state.
20 (9) All purchases of a division of sponsored research
21 shall be made in accordance with the policies and procedures
22 of the university; however, in compliance with policies and
23 procedures established by the university and concurred in by
24 the Department of Education, whenever a director of sponsored
25 research certifies to the president that, in a particular
26 instance, it is necessary for the efficient or expeditious
27 prosecution of a research project, the purchase of material,
28 supplies, equipment, or services for research purposes shall
29 be exempt from the general purchasing requirement of the
30 Florida Statutes.
31
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1 (10) The university may authorize the construction,
2 alteration, or remodeling of buildings when the funds used are
3 derived entirely from the sponsored research development fund
4 of a university or from that fund in combination with other
5 nonstate sources, provided that such construction, alteration,
6 or remodeling is for use exclusively in the area of research;
7 it also may authorize the acquisition of real property when
8 the cost is entirely from said funds. Title to all real
9 property acquired pursuant to this subsection which are not
10 state lands shall vest in the university board of trustees
11 Board of Trustees of the Internal Improvement Trust Fund and
12 shall only be transferred or conveyed by it.
13 (11) The sponsored research programs of the Institute
14 of Food and Agricultural Sciences, the University of Florida
15 Health Science Center, and the engineering and industrial
16 experiment station shall continue to be centered at the
17 University of Florida as heretofore provided by law. Indirect
18 cost reimbursements of all grants deposited in the Division of
19 Sponsored Research shall be distributed directly to the above
20 units in direct proportion to the amounts earned by each unit.
21 (12) The operation of the divisions of sponsored
22 research and the conduct of the sponsored research program are
23 expressly exempted from the provisions of any other laws or
24 portions of laws in conflict herewith and are, subject to the
25 requirements of subsection (9), exempted from the provisions
26 of chapters 215, 216, and 283.
27 (13) The divisions of sponsored research may pay, by
28 advancement or reimbursement, or a combination thereof, the
29 costs of per diem of officers, and employees, of the state and
30 of other authorized persons, as defined in s. 112.061(2)(e),
31 for foreign travel up to the current rates as stated in the
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1 grant and contract terms and may also pay incidental expenses
2 as authorized by s. 112.061(8). This subsection applies to any
3 state officer or employee traveling in foreign countries for
4 sponsored programs of the university, if such travel expenses
5 are approved in the terms of the contract or grant. The
6 provisions of s. 112.061, other than those relating to per
7 diem, apply to the travel described in this subsection. As
8 used in this subsection, "foreign travel" means any travel
9 outside the United States and its territories and possessions
10 and Canada. Persons traveling in foreign countries pursuant
11 to this section shall not be entitled to reimbursements or
12 advancements pursuant to s. 112.061(6)(a)2. for such travel.
13 (14) Each division of sponsored research is authorized
14 to advance funds to any principal investigator who, under the
15 contract or grant terms, will be performing a portion of his
16 or her research at a site that is remote from the university.
17 Funds shall be advanced only to employees who have executed a
18 proper power of attorney with the university to ensure the
19 proper collection of such advanced funds if it becomes
20 necessary. As used in this subsection, the term "remote"
21 means so far removed from the university as to render normal
22 purchasing and payroll functions ineffective.
23 (15) Notwithstanding the provisions of s.
24 216.262(1)(a), each division of sponsored research is
25 authorized, upon approval of the State Board of Education
26 Board of Regents, to establish additional positions as needed
27 to implement new contracts and grants, but in no instance
28 shall any such position become permanently established without
29 legislative approval.
30 (16) Notwithstanding the provisions of s. 216.351, s.
31 216.346 does not apply to contracts or subcontracts among
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1 between state universities, colleges, or between community
2 colleges, or between state universities and community
3 colleges.
4 (17) Each university board of trustees may president
5 is authorized to adopt rules, as necessary, to administer this
6 section.
7 Section 59. Notwithstanding subsection (7) of section
8 3 of chapter 2000-321, Laws of Florida, section 240.242,
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:
12 240.242 University leasing in affiliated research and
13 development park.--A university is exempt from the
14 requirements of s. 255.25(3), (4), and (8) when leasing
15 educational facilities in a research and development park with
16 which the university is affiliated and when the State Board of
17 Education Board of Regents certifies in writing that the
18 leasing of said educational facilities is in the best
19 interests of the university State University System and that
20 the exemption from competitive bid requirements would not be
21 detrimental to the state.
22 Section 60. Notwithstanding subsection (7) of section
23 3 of chapter 2000-321, Laws of Florida, section 240.243,
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:
27 240.243 Required number of classroom teaching hours
28 for university and college faculty members.--
29 (1) As used in this section:
30 (a) "State funds" means those funds appropriated
31 annually in the General Appropriations Act.
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1 (b) "Classroom contact hour" means a regularly
2 scheduled 1-hour period of classroom activity in a course of
3 instruction which has been approved by the university or
4 college.
5 (2) Each full-time equivalent teaching faculty member
6 at a university or college who is paid wholly from state funds
7 shall teach a minimum of 12 classroom contact hours per week
8 at such university or college. However, any faculty member who
9 is assigned by his or her departmental chair or other
10 appropriate university or college administrator professional
11 responsibilities and duties in furtherance of the mission of
12 the university or college shall teach a minimum number of
13 classroom contact hours in proportion to 12 classroom hours
14 per week as such especially assigned aforementioned duties and
15 responsibilities bear to 12 classroom contact hours per week.
16 Any full-time faculty member who is paid partly from state
17 funds and partly from other funds or appropriations shall
18 teach a minimum number of classroom contact hours in such
19 proportion to 12 classroom contact hours per week as his or
20 her salary paid from state funds bears to his or her total
21 salary. In determining the appropriate hourly weighting of
22 assigned duties other than classroom contact hours, the
23 universities and colleges shall develop and apply a formula
24 designed to equate the time required for nonclassroom duties
25 with classroom contact hours. "Full-time equivalent teaching
26 faculty member" shall be interpreted to mean all faculty
27 personnel budgeted in the instruction and research portion of
28 the budget, exclusive of those full-time equivalent positions
29 assigned to research, public service, administrative duties,
30 and academic advising. Full-time administrators, librarians,
31 and counselors shall be exempt from the provisions of this
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1 section; and colleges of medicine and law and others which are
2 required for purposes of accreditation to meet national
3 standards prescribed by the American Medical Association, the
4 American Bar Association, or other professional associations
5 shall be exempt from the provisions of this section to the
6 extent that the requirements of this section differ from the
7 requirements of accreditation.
8 Section 61. Notwithstanding subsection (7) of section
9 3 of chapter 2000-321, Laws of Florida, section 240.245,
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:
13 240.245 Evaluations of faculty members; report.--
14 (1) For the purpose of evaluating faculty members,
15 each university and college shall adopt procedures for the
16 assignment of duties and responsibilities to faculty members.
17 These assigned duties or responsibilities shall be conveyed to
18 each faculty member at the beginning of each academic term, in
19 writing, by his or her departmental chair or other appropriate
20 university or college administrator making the assignment. In
21 evaluating the competencies of a faculty member, primary
22 assessment shall be in terms of his or her performance of the
23 assigned duties and responsibilities, and such evaluation
24 shall be given adequate consideration for the purpose of
25 salary adjustments, promotions, reemployment, and tenure. A
26 faculty member who is assigned full-time teaching duties as
27 provided by law shall be rewarded with salary adjustments,
28 promotions, reemployment, or tenure for meritorious teaching
29 and other scholarly activities related thereto.
30 (2) The State Board of Education Board of Regents
31 shall establish criteria for evaluating the quantity and
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1 quality of service to public schools by university and college
2 faculty members and shall require consideration of this
3 service in promotion, tenure, and other reward measures. Each
4 university and college shall ensure that the following
5 policies are implemented:
6 (a) Flexible criteria for rewarding faculty members,
7 consistent with the educational goals and objectives of the
8 university or college, shall be established, which criteria
9 shall include quality teaching and service to public schools
10 as major factors in determining salary adjustments,
11 promotions, reemployment, or tenure.
12 (b) Measures shall be taken to increase the
13 recognition, reinforcements, and rewards given quality
14 teaching and service to public schools. Such measures might
15 include grants for professional development, curriculum
16 improvement, and instructional innovation, as well as awards
17 of varying kinds for meritorious teaching.
18 (c) The means of identifying and evaluating quality
19 teachers and outstanding service to public schools shall be
20 determined in accordance with established guidelines of the
21 university or college.
22 (3) Each university and college The vice presidents
23 for academic affairs for the nine state universities shall
24 disseminate information to all faculty members which clearly
25 states that service to public schools is one of the criteria
26 used to determine salary adjustments, promotions,
27 reemployment, and tenure for faculty members.
28 Section 62. Notwithstanding subsection (7) of section
29 3 of chapter 2000-321, Laws of Florida, section 240.246,
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:
3 240.246 Faculty members; test of spoken English.--The
4 State Board of Education Board of Regents shall adopt rules
5 requiring that all faculty members in the state universities
6 and colleges State University System, other than those persons
7 who teach courses that are conducted primarily in a foreign
8 language, be proficient in the oral use of English, as
9 determined by a satisfactory grade on the "Test of Spoken
10 English" of the Educational Testing Service or a similar test
11 approved by the State Board of Education board.
12 Section 63. Notwithstanding subsection (7) of section
13 3 of chapter 2000-321, Laws of Florida, section 240.2475,
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:
17 240.2475 State university and college System
18 employment equity accountability program.--
19 (1) Each state university and college shall maintain
20 an annual equity plan for appropriate representation of women
21 and minorities in senior-level administrative positions,
22 within tenure-track faculty, and within faculty-granted
23 tenure. Such plan shall be maintained until appropriate
24 representation has been achieved. As used in this subsection,
25 the term:
26 (a) "Appropriate representation" means category
27 employment representation that at least meets comparable
28 national standards for at least two consecutive reporting
29 periods.
30 (b) "Category" means major executive, administrative,
31 and professional grouping, including senior-level
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1 administrative and professional positions, senior academic
2 administrative-level positions, and tenure-track faculty.
3 (2)(a) By April 1 of each year, each state university
4 and college president shall submit an annual equity report to
5 the State Board of Education Chancellor and the Board of
6 Regents. The equity report shall consist of a status update,
7 an analysis, and a status report of selected personnel
8 transactions. As used in this paragraph, the term, "selected
9 personnel transactions" means new hires in, promotions into,
10 tenure actions in, and terminations from a category. Each
11 university and college shall provide the job classification
12 title, gender, race, and appointment status of selected
13 personnel transactions. The status update shall assess
14 underrepresentation in each category. The status report shall
15 consist of current category employment representation,
16 comparable national standards, an evaluation of
17 representation, and annual goals to address
18 underrepresentation.
19 (b) After 1 year of implementation of a plan, and
20 annually thereafter, for those categories in which prior year
21 goals were not achieved, each university and college shall
22 provide, in its annual equity report, a narrative explanation
23 and a plan for achievement of equity. The plan shall include
24 guidelines for ensuring balanced membership on selection
25 committees and specific steps for developing a diverse pool of
26 candidates for each vacancy in the category. The plan shall
27 also include a systematic process by which those responsible
28 for hiring are provided information and are evaluated
29 regarding their responsibilities pursuant to this section.
30 (c) The equity report shall include an analysis and
31 assessment of the university's accomplishment of annual goals
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1 achieved, as specified in the university's or college's
2 affirmative action plan, for increasing the representation of
3 women and minorities in tenure-earning and senior-level
4 administrative positions.
5 (d) The equity report shall also include the current
6 rank, race, and gender of faculty eligible for tenure in a
7 category. In addition, each university and college shall
8 report representation of the pool of tenure-eligible faculty
9 at each stage of the transaction process and provide
10 certification that each eligible faculty member was apprised
11 annually of progress toward tenure. Each university and
12 college shall also report on the dissemination of standards
13 for achieving tenure; racial and gender composition of
14 committees reviewing recommendations at each transaction
15 level; and dissemination of guidelines for equitable
16 distribution of assignments.
17 (3)(a) A factor in the evaluation of university and
18 college presidents, vice presidents, deans, and chairpersons
19 shall be their annual progress in achieving the annual and
20 long-range hiring and promotional goals and objectives, as
21 specified in the university's equity plan and affirmative
22 action plan. Annual budget allocations for positions and
23 funding shall be based on this evaluation. A summary of such
24 evaluations shall be submitted to the State Board of Education
25 Chancellor and the Board of Regents as part of the
26 university's annual equity report.
27 (b) Each university and college board of trustees The
28 Chancellor and the Board of Regents shall annually evaluate
29 the performance of the president of the university or college
30 presidents in achieving the annual equity goals and
31 objectives. A summary of the results of such evaluations
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1 shall be included as part of the annual equity progress report
2 submitted by the State Board of Education Board of Regents to
3 the Legislature and the State Board of Education.
4 (4) The State Board of Education Board of Regents
5 shall submit an annual equity progress report to the President
6 of the Senate and, the Speaker of the House of
7 Representatives, and the State Board of Education on or before
8 August 1 of each year.
9 (5) Each university and college shall develop a
10 budgetary incentive plan to support and ensure attainment of
11 the goals developed pursuant to this section. The plan shall
12 specify, at a minimum, how resources shall be allocated to
13 support the achievement of goals and the implementation of
14 strategies in a timely manner. After prior review and
15 approval by the university president and the Board of Regents,
16 The plan shall be submitted as part of the annual equity
17 report submitted by each university and college to the State
18 Board of Education Board of Regents.
19 (6) Relevant components of each university's and
20 college's affirmative action plan may be used to satisfy the
21 requirements of this section.
22 (7) Subject to available funding, the Legislature
23 shall provide an annual appropriation to the Board of Regents
24 to be allocated to the universities to further enhance equity
25 initiatives and related priorities that support the mission of
26 departments, divisions, or colleges in recognition of the
27 attainment of equity goals and objectives.
28 Section 64. Notwithstanding subsection (7) of section
29 3 of chapter 2000-321, Laws of Florida, section 240.253,
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:
3 240.253 Personnel records.--
4 (1) Each university and college board of trustees
5 shall adopt rules prescribing the content and custody of
6 limited-access records that the university or college may
7 maintain on its employees. Such limited-access records are
8 confidential and exempt from the provisions of s. 119.07(1).
9 Such records are limited to the following:
10 (a) Records containing information reflecting academic
11 evaluations of employee performance shall be open to
12 inspection only by the employee and by officials of the
13 university or college responsible for supervision of the
14 employee.
15 (b) Records maintained for the purposes of any
16 investigation of employee misconduct, including but not
17 limited to a complaint against an employee and all information
18 obtained pursuant to the investigation of such complaint,
19 shall be confidential until the investigation ceases to be
20 active or until the university or college provides written
21 notice to the employee who is the subject of the complaint
22 that the university or college has either:
23 1. Concluded the investigation with a finding not to
24 proceed with disciplinary action;
25 2. Concluded the investigation with a finding to
26 proceed with disciplinary action; or
27 3. Issued a letter of discipline.
28
29 For the purpose of this paragraph, an investigation shall be
30 considered active as long as it is continuing with a
31 reasonable, good faith anticipation that a finding will be
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1 made in the foreseeable future. An investigation shall be
2 presumed to be inactive if no finding is made within 90 days
3 after the complaint is filed.
4 (c) Records maintained for the purposes of any
5 disciplinary proceeding brought against an employee shall be
6 confidential until a final decision is made in the
7 proceeding. The record of any disciplinary proceeding,
8 including any evidence presented, shall be open to inspection
9 by the employee at all times.
10 (d) Records maintained for the purposes of any
11 grievance proceeding brought by an employee for enforcement of
12 a collective bargaining agreement or contract shall be
13 confidential and shall be open to inspection only by the
14 employee and by officials of the university or college
15 conducting the grievance proceeding until a final decision is
16 made in the proceeding.
17 (2) Notwithstanding the foregoing, any records or
18 portions thereof which are otherwise confidential by law shall
19 continue to be exempt from the provisions of s. 119.07(1). In
20 addition, for sexual harassment investigations, portions of
21 such records which identify the complainant, a witness, or
22 information which could reasonably lead to the identification
23 of the complainant or a witness are limited-access records.
24 (3) Except as required for use by the president in the
25 discharge of his or her official responsibilities, the
26 custodian of limited-access records may release information
27 from such records only upon authorization in writing from the
28 employee or upon order of a court of competent jurisdiction.
29 (4) Notwithstanding the provisions of subsection (1),
30 records comprising the common core items contained in the
31
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1 State University System Student Assessment of Instruction
2 instrument may not be prescribed as limited-access records.
3 (5) This section applies act shall apply to records
4 created after July 1, 1995.
5 Section 65. Notwithstanding subsection (7) of section
6 3 of chapter 2000-321, Laws of Florida, section 240.2601,
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:
10 240.2601 State Universities and Colleges University
11 System Facility Enhancement Challenge Grant Program.--
12 (1) The Legislature recognizes that the state
13 universities and colleges State University System do does not
14 have sufficient physical facilities to meet the current
15 demands of their its instructional and research programs. It
16 further recognizes that, to strengthen and enhance the state
17 universities and colleges State University System, it is
18 necessary to provide facilities in addition to those currently
19 available from existing revenue sources. It further
20 recognizes that there are sources of private support that, if
21 matched with state support, can assist in constructing
22 much-needed facilities and strengthen the commitment of
23 citizens and organizations in promoting excellence throughout
24 the state universities and colleges. Therefore, it is the
25 intent of the Legislature to establish a trust fund to provide
26 the opportunity for each state university and college to
27 receive and match challenge grants for instructional and
28 research-related capital facilities within the university or
29 college.
30 (2) There is hereby established the Alec P. Courtelis
31 State Universities and Colleges University System Facility
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1 Enhancement Challenge Grant Program for the purpose of
2 assisting the state universities and colleges State University
3 System build high priority instructional and research-related
4 capital facilities, including common areas connecting such
5 facilities. The associated foundations that serve the
6 universities and colleges shall solicit gifts from private
7 sources to provide matching funds for capital facilities. For
8 the purposes of this act, private sources of funds shall not
9 include any federal, state, or local government funds that a
10 university or college may receive.
11 (3) There is established the Alec P. Courtelis Capital
12 Facilities Matching Trust Fund for the purpose of providing
13 matching funds from private contributions for the development
14 of high priority instructional and research-related capital
15 facilities, including common areas connecting such facilities,
16 within the state universities and colleges State University
17 System. The Legislature shall appropriate funds to be
18 transferred to the trust fund. The Public Education Capital
19 Outlay and Debt Service Trust Fund, Capital Improvement Trust
20 Fund, Division of Sponsored Research Trust Fund, and Contracts
21 and Grants Trust Fund shall not be used as the source of the
22 state match for private contributions. All appropriated funds
23 deposited into the trust fund shall be invested pursuant to
24 the provisions of s. 18.125. Interest income accruing to that
25 portion of the trust fund shall increase the total funds
26 available for the challenge grant program. Interest income
27 accruing from the private donations shall be returned to the
28 participating foundation upon completion of the project. The
29 State Board of Education Board of Regents shall administer the
30 trust fund and all related construction activities.
31
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1 (4) No project shall be initiated unless all private
2 funds for planning, construction, and equipping the facility
3 have been received and deposited in the trust fund and the
4 state's share for the minimum amount of funds needed to begin
5 the project has been appropriated by the Legislature. The
6 Legislature may appropriate the state's matching funds in one
7 or more fiscal years for the planning, construction, and
8 equipping of an eligible facility. However, these requirements
9 shall not preclude the university or college from expending
10 available funds from private sources to develop a prospectus,
11 including preliminary architectural schematics and/or models,
12 for use in its efforts to raise private funds for a facility.
13 Additionally, any private sources of funds expended for this
14 purpose are eligible for state matching funds should the
15 project materialize as provided for in this section.
16 (5) To be eligible to participate in the Alec P.
17 Courtelis Capital Facilities Matching Trust Fund, a state
18 university or college shall raise a contribution equal to
19 one-half of the total cost of a facilities construction
20 project from private nongovernmental sources which shall be
21 matched by a state appropriation equal to the amount raised
22 for a facilities construction project subject to the General
23 Appropriations Act.
24 (6) If the state's share of the required match is
25 insufficient to meet the requirements of subsection (5), the
26 university or college shall renegotiate the terms of the
27 contribution with the donors. If the project is terminated,
28 each private donation, plus accrued interest, reverts to the
29 foundation for remittance to the donor.
30 (7) By September 1 of each year, the State Board of
31 Education Board of Regents shall transmit to the Legislature a
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1 list of projects which meet all eligibility requirements to
2 participate in the Alec P. Courtelis Capital Facilities
3 Matching Trust Fund and a budget request which includes the
4 recommended schedule necessary to complete each project.
5 (8) In order for a project to be eligible under this
6 program, it must be included in the state university or
7 college State University System 5-year Capital Improvement
8 Plan and must receive prior approval from the State Board of
9 Education Board of Regents and the Legislature.
10 (9) No university's or college's project shall be
11 removed from the approved 3-year PECO priority list because of
12 its successful participation in this program until approved by
13 the Legislature and provided for in the General Appropriations
14 Act. When such a project is completed and removed from the
15 list, all other projects shall move up on the 3-year PECO
16 priority list. A university or college shall not use PECO
17 funds, including the Capital Improvement Trust Fund fee and
18 the building fee, to complete a project under this section.
19 (10) Any project funds that are unexpended after a
20 project is completed shall revert to the Capital Facilities
21 Matching Trust Fund. Fifty percent of such unexpended funds
22 shall be reserved for the university or college which
23 originally received the private contribution for the purpose
24 of providing private matching funds for future facility
25 construction projects as provided in this section. The
26 balance of such unexpended funds shall be available to any
27 state university or college for future facility construction
28 projects conducted pursuant to this section.
29 (11) The surveys, architectural plans, facility, and
30 equipment shall be the property of the State of Florida. A
31 facility constructed pursuant to this section may be named in
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1 honor of a donor at the option of the university or college
2 and the Board of Regents. No facility shall be named after a
3 living person without prior approval by the Legislature.
4 Section 66. Notwithstanding subsection (7) of section
5 3 of chapter 2000-321, Laws of Florida, section 240.2605,
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:
9 240.2605 Trust Fund for Major Gifts.--
10 (1) There is established a Trust Fund for Major Gifts.
11 The purpose of the trust fund is to enable the Board of
12 Regents Foundation, each university, and New College to
13 provide donors with an incentive in the form of matching
14 grants for donations for the establishment of permanent
15 endowments, which must be invested, with the proceeds of the
16 investment used to support libraries and instruction and
17 research programs, as defined by the State Board of Education
18 procedure of the Board of Regents. All funds appropriated for
19 the challenge grants, new donors, major gifts, or eminent
20 scholars program must be deposited into the trust fund and
21 invested pursuant to s. 18.125 until the State Board of
22 Education Board of Regents allocates the funds to universities
23 to match private donations. Notwithstanding s. 216.301 and
24 pursuant to s. 216.351, any undisbursed balance remaining in
25 the trust fund and interest income accruing to the portion of
26 the trust fund which is not matched and distributed to
27 universities must remain in the trust fund and be used to
28 increase the total funds available for challenge grants. The
29 Board of Regents may authorize any university to encumber the
30 state matching portion of a challenge grant from funds
31 available under s. 240.272.
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1 (2) The State Board of Education Board of Regents
2 shall specify the process for submission, documentation, and
3 approval of requests for matching funds, accountability for
4 endowments and proceeds of endowments, allocations to
5 universities, restrictions on the use of the proceeds from
6 endowments, and criteria used in determining the value of
7 donations.
8 (3)(a) The State Board of Education Board of Regents
9 shall allocate the amount appropriated to the trust fund to
10 the Board of Regents Foundation, each university, and New
11 College based on the amount of the donation and the
12 restrictions applied to the donation.
13 (b) Donations for a specific purpose must be matched
14 in the following manner:
15 1. The Board of Regents Foundation and each university
16 that raises at least $100,000 but no more than $599,999 from a
17 private source must receive a matching grant equal to 50
18 percent of the private contribution.
19 2. The Board of Regents Foundation and each university
20 that raises a contribution of at least $600,000 but no more
21 than $1 million from a private source must receive a matching
22 grant equal to 70 percent of the private contribution.
23 3. The Board of Regents Foundation and each university
24 that raises a contribution in excess of $1 million but no more
25 than $1.5 million from a private source must receive a
26 matching grant equal to 75 percent of the private
27 contribution.
28 4. The Board of Regents Foundation and each university
29 that raises a contribution in excess of $1.5 million but no
30 more than $2 million from a private source must receive a
31
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1 matching grant equal to 80 percent of the private
2 contribution.
3 5. The Board of Regents Foundation and each university
4 that raises a contribution in excess of $2 million from a
5 private source must receive a matching grant equal to 100
6 percent of the private contribution.
7 6. The amount of matching funds used to match a single
8 gift in any given year is limited to $3 million. The total
9 amount of matching funds available for any single gift is
10 limited to $15 million, to be distributed in equal amounts of
11 $3 million per year over 5 years.
12 (c) The State Board of Education Board of Regents
13 shall encumber state matching funds for any pledged
14 contributions, pro rata, based on the requirements for state
15 matching funds as specified for the particular challenge grant
16 and the amount of the private donations actually received by
17 the university or Board of Regents Foundation for the
18 respective challenge grant.
19 (4) Matching funds may be provided for contributions
20 encumbered or pledged under the Florida Endowment Trust Fund
21 for Eminent Scholars Act prior to July 1, 1994, and for
22 donations or pledges of any amount equal to or in excess of
23 the prescribed minimums which are pledged for the purpose of
24 this section.
25 (5)(a) The Board of Regents Foundation, each
26 university foundation, and New College Foundation shall
27 establish a challenge grant account for each challenge grant
28 as a depository for private contributions and state matching
29 funds to be administered on behalf of the State Board of
30 Education Board of Regents, the university, or New College.
31 State matching funds must be transferred to a university
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1 foundation or New College Foundation upon notification that
2 the university or New College has received and deposited the
3 amount specified in this section in a foundation challenge
4 grant account.
5 (b) The foundation serving a university and New
6 College Foundation each has the responsibility for the
7 maintenance and investment of its challenge grant account and
8 for the administration of the program on behalf of the
9 university or New College, pursuant to procedures specified by
10 the State Board of Education Board of Regents. Each foundation
11 shall include in its annual report to the State Board of
12 Education Board of Regents information concerning collection
13 and investment of matching gifts and donations and investment
14 of the account.
15 (c) A donation of at least $600,000 and associated
16 state matching funds may be used to designate an Eminent
17 Scholar Endowed Chair pursuant to rules adopted procedures
18 specified by the State Board of Education Board of Regents.
19 (6) The donations, state matching funds, or proceeds
20 from endowments established under this section may not be
21 expended for the construction, renovation, or maintenance of
22 facilities or for the support of intercollegiate athletics.
23 (7) The Board of Regents Foundation may participate in
24 the same manner as a university foundation with regard to the
25 provisions of this section.
26 Section 67. Notwithstanding subsection (7) of section
27 3 of chapter 2000-321, Laws of Florida, section 240.261,
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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1 240.261 Codes of conduct; disciplinary measures;
2 rulemaking authority; HIV and AIDS policy; student judicial
3 system.--
4 (1) Each university and college board of trustees may
5 adopt, by rule, codes of conduct and appropriate penalties for
6 violations of rules by students and employees, to be
7 administered by the university or college. Such penalties,
8 unless otherwise provided by law, may include: reprimand;
9 restitution; fines; withholding of diplomas or transcripts
10 pending compliance with rules, completion of any student
11 judicial process or sanction, or payment of fines;
12 restrictions on the use of or removal from university and
13 college facilities; community service; educational
14 requirements; and the imposition of probation, suspension,
15 dismissal, or expulsion.
16 (2) Each university and college board of trustees may
17 adopt rules for, by rule, a code of conduct and appropriate
18 penalties for violations of rules by student organizations, to
19 be administered by the university or college. Such penalties,
20 unless otherwise provided by law, may include: reprimand;
21 restitution; suspension, cancellation, or revocation of the
22 registration or official recognition of a student
23 organization; and restrictions on the use of, or removal from,
24 university and college facilities.
25 (3) Sanctions authorized by university and college
26 codes of conduct may be imposed only for acts or omissions in
27 violation of rules adopted by the university or college board
28 of trustees, including rules adopted under this section, rules
29 of the State Board of Education Board of Regents, county and
30 municipal ordinances, and the laws of this state, the United
31 States, or any other state.
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1 (4) Each university and college board of trustees may
2 establish and adopt rules for, by rule, codes of appropriate
3 penalties for violations of rules governing student academic
4 honesty. Such penalties, unless otherwise provided by law, may
5 include: reprimand; reduction of grade; denial of academic
6 credit; invalidation of university or college credit or of the
7 degree based upon such credit; probation; suspension;
8 dismissal; or expulsion. In addition to any other penalties
9 that may be imposed, an individual may be denied admission or
10 further registration, and the university or college may
11 invalidate academic credit for work done by a student and may
12 invalidate or revoke the degree based upon such credit if it
13 is determined that the student has made false, fraudulent, or
14 incomplete statements in the application, residence affidavit,
15 or accompanying documents or statements in connection with, or
16 supplemental to, the application for admission to or
17 graduation from the university or college.
18 (5) Each The university and college board of trustees
19 shall adopt rules for the lawful discipline of any student,
20 faculty member, or member of the administrative staff who
21 intentionally acts to impair, interfere with, or obstruct the
22 orderly conduct, processes, and functions of a state
23 university or college. The Said rules may apply to acts
24 conducted on or off campus when relevant to such orderly
25 conduct, processes, and functions.
26 (6) Each university and college shall review and
27 update as necessary a student handbook that includes, but is
28 not limited to, student rights and responsibilities, appeals
29 processes available to students, a roster of contact persons
30 within the administrative staff available to respond to
31 student inquiries, and a statement as to the policy on
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1 acquired immune deficiency syndrome, including the name and
2 telephone number of the university or college counselor for
3 acquired immune deficiency syndrome. Each student handbook
4 must include a statement displayed prominently which provides
5 that the university or college will not tolerate the sale,
6 possession, or use of controlled substances, with the
7 exception of medication prescribed by a physician and taken in
8 accordance with the prescribed usage, nor will the university
9 or college tolerate the consumption of alcoholic beverages by
10 students younger than 21 years of age or the sale of alcoholic
11 beverages to students younger than 21 years of age. Each
12 student handbook must also list the legal and university and
13 college sanctions that will be imposed upon students who
14 violate the law or the policies of the university or college
15 regarding controlled substances and alcoholic beverages.
16 (7) Each university and college board of trustees
17 shall develop a comprehensive policy that addresses the
18 provision of instruction, information, and activities
19 regarding human immunodeficiency virus infection and acquired
20 immune deficiency syndrome. Such instruction, information, or
21 activities shall emphasize the known modes of transmission of
22 human immunodeficiency virus infection and acquired immune
23 deficiency syndrome, signs and symptoms, associated risk
24 factors, appropriate behavior, attitude change, and means used
25 to control the spread of human immunodeficiency virus
26 infection and acquired immune deficiency syndrome.
27 (8) Each university and college board of trustees
28 shall establish a committee, at least one half of the members
29 of which shall be students appointed by the student body
30 president, to periodically review and evaluate the student
31 judicial system.
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1 Section 68. Notwithstanding subsection (7) of section
2 3 of chapter 2000-321, Laws of Florida, section 240.262,
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:
6 240.262 Hazing prohibited at state universities and
7 colleges.--
8 (1) As used in this section, the term "hazing" means
9 any action or situation which recklessly or intentionally
10 endangers the mental or physical health or safety of a student
11 for the purpose of initiation or admission into or affiliation
12 with any organization operating under the sanction of a
13 university or college, which organization is hereinafter
14 referred to as a "college organization" or "university
15 organization." Such term includes, but is not limited to, any
16 brutality of a physical nature, such as whipping; beating;
17 branding; forced calisthenics; exposure to the elements;
18 forced consumption of any food, liquor, drug, or other
19 substance; or other forced physical activity which could
20 adversely affect the physical health or safety of the
21 individual, and also includes any activity which would subject
22 the individual to extreme mental stress, such as sleep
23 deprivation, forced exclusion from social contact, forced
24 conduct which could result in extreme embarrassment, or other
25 forced activity which could adversely affect the mental health
26 or dignity of the individual. For the purposes of this
27 section, any activity as described above upon which the
28 initiation or admission into or affiliation with a university
29 organization or college organization is directly or indirectly
30 conditioned shall be presumed to be a "forced" activity, the
31
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1 willingness of an individual to participate in such activity
2 notwithstanding.
3 (2) Each university and college board of trustees
4 shall adopt a written antihazing policy and, pursuant to such
5 policy, shall adopt rules prohibiting students or other
6 persons associated with any university organization or college
7 organization from engaging in any activity which can be
8 described as hazing.
9 (a) Pursuant to the provisions of s. 240.261, each
10 university and college board of trustees shall provide a
11 program for the enforcement of such rules and shall adopt
12 appropriate penalties for violations of such rules, to be
13 administered by the person or agency at the university or
14 college responsible for the sanctioning of such university
15 organizations or college organizations.
16 1. Such penalties may include the imposition of fines;
17 the withholding of diplomas or transcripts pending compliance
18 with the rules or pending payment of fines; and the imposition
19 of probation, suspension, or dismissal.
20 2. In the case of a university organization or college
21 organization that which authorizes hazing in blatant disregard
22 of such rules, penalties may also include rescission of
23 permission for that organization to operate on campus property
24 or to otherwise operate under the sanction of the university
25 or college.
26 3. All penalties imposed under the authority of this
27 subsection shall be in addition to any penalty imposed for
28 violation of any of the criminal laws of this state or for
29 violation of any other university or college rule to which the
30 violator may be subject.
31
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1 (b) Rules adopted pursuant hereto shall apply to acts
2 conducted on or off campus whenever such acts are deemed to
3 constitute hazing.
4 (3) Upon approval by the Board of Regents of the
5 antihazing policy of a university and of the rules and
6 penalties adopted pursuant thereto, the Each university and
7 college shall provide a copy of the antihazing policy along
8 with the such policy, rules, and penalties to each student
9 enrolled in that university or college and shall require the
10 inclusion of such policy, rules, and penalties in the bylaws
11 of every organization operating under the sanction of the
12 university or college.
13 (4) Any amendments to such approved policy, rules, or
14 penalties shall be submitted, within 10 days after the
15 adoption of such amendments, to the Board of Regents for its
16 approval.
17 Section 69. Notwithstanding subsection (7) of section
18 3 of chapter 2000-321, Laws of Florida, section 240.263,
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:
22 240.263 Regulation of traffic at universities and
23 colleges; definitions.--
24 (1) In construing ss. 240.263-240.268, the term:
25 (a) "Traffic," when used as a noun, means the use or
26 occupancy of, and the movement in, on, or over, streets, ways,
27 walks, roads, alleys, and parking areas by vehicles,
28 pedestrians, or ridden or herded animals.
29 (b) "Adjacent municipality" means a municipality which
30 is contiguous or adjacent to, or which contains within its
31 boundaries all or part of the grounds of, a university or
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1 college; except that, if the grounds of a university or
2 college are not within or contiguous to a municipality,
3 "adjacent municipality" means the county seat of the county
4 which contains within its boundaries all or part of the
5 grounds of the university or college.
6 (c) "Grounds" includes all of the campus and grounds
7 of the university or college, whether it be the campus proper
8 or outlying or noncontiguous land of the university or college
9 within the county.
10 (d) "Law enforcement officers" include municipal
11 police, patrol officers, traffic officers, sheriffs, deputies,
12 highway patrol officers, and county traffic officers assigned
13 to duty on the grounds of the university or college, as well
14 as campus police, traffic officers, guards, parking
15 patrollers, and other noncommissioned personnel designated for
16 traffic purposes by the university or college.
17 (e) "University traffic infraction" or "college
18 traffic infraction" means a noncriminal violation of
19 university or college parking and traffic rules which is not
20 included under s. 318.14 or s. 318.17 or any municipal
21 ordinance, which is not punishable by incarceration, and for
22 which there is no right to trial by jury or to court-appointed
23 counsel.
24 (f) "Traffic authority" means an individual or a group
25 of individuals at each university and college, authorized and
26 appointed by the president of the university or college to
27 adjudicate university traffic infractions or college traffic
28 infractions.
29 (2) A traffic rule becomes enforceable shall be deemed
30 promulgated when adopted by the university or college board of
31 trustees individual institution.
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1 Section 70. Notwithstanding subsection (7) of section
2 3 of chapter 2000-321, Laws of Florida, section 240.264,
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:
6 240.264 Rules of universities and colleges; municipal
7 ordinances.--Each university and college board of trustees
8 shall adopt rules that which govern traffic on the grounds of
9 that university or college; that which provide penalties for
10 the infraction of such traffic rules; and that which the
11 university or college board of trustees finds necessary,
12 convenient, or advisable for the safety or welfare of the
13 students, faculty members, or other persons. Copies of such
14 rules shall be posted at the university or college on public
15 bulletin boards where notices are customarily posted, filed
16 with the city clerk or corresponding municipal or county
17 officer, and made available to any person requesting same.
18 When adopted, said rules shall be enforceable as herein
19 provided. All ordinances of the adjacent municipality
20 relating to traffic which are not in conflict or inconsistent
21 with the traffic rules adopted by the individual university or
22 college board of trustees shall extend and be applicable to
23 the grounds of the university or college. The provisions of
24 chapter 316 shall extend and be applicable to the grounds of
25 the university or college, and the rules adopted by the
26 individual university and college boards of trustees shall not
27 conflict with any section of that chapter.
28 Section 71. Notwithstanding subsection (7) of section
29 3 of chapter 2000-321, Laws of Florida, section 240.265,
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:
3 240.265 Violations; penalties.--Any person who
4 violates any of the those rules adopted by a university or
5 college board of trustees the individual institution shall be
6 deemed to have committed a university traffic infraction or
7 college traffic infraction and shall be fined or penalized as
8 provided by the rules adopted by the university or college
9 board of trustees institution. Any person who violates any
10 traffic regulation enumerated in chapter 316 shall be charged,
11 and the cause shall proceed, in accordance with chapters 316
12 and 318.
13 Section 72. Notwithstanding subsection (7) of section
14 3 of chapter 2000-321, Laws of Florida, section 240.266,
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:
18 240.266 Payment of fines; jurisdiction and procedures
19 of university or college traffic authority; campus violation
20 fines.--
21 (1) A person charged with a university traffic
22 infraction or college traffic infraction shall elect the
23 option prescribed in paragraph (a) or the option prescribed in
24 paragraph (b). If neither option is exercised within the
25 prescribed time by the person charged with a university
26 traffic infraction or college infraction, an additional fine
27 or penalty may be assessed, and shall be payable, in
28 accordance with the rules of the university or college board
29 of trustees.
30 (a) The person charged may pay the applicable
31 infraction fine, either by mail or in person, within the time
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1 period specified in the rules of the individual university or
2 college board of trustees. A schedule of infraction fines
3 applicable to each university and college shall be adopted by
4 the university or college board of trustees.
5 (b) The person charged may elect to appear before the
6 university or college traffic authority for administrative
7 determination pursuant to procedures enumerated in the rules
8 of such university or college board of trustees.
9 (2) Each university and college may is authorized to
10 approve the establishment of a university or college traffic
11 authority to hear violations of traffic rules. In such cases
12 as come before the authority, the university or college
13 traffic authority shall determine whether the person is guilty
14 or not guilty of the charge. In the case of a finding of
15 guilt, the authority shall, in its discretion, impose an
16 appropriate penalty pursuant to s. 240.265.
17 (3) This section shall provide the exclusive
18 procedures for the adjudication of university traffic
19 infractions or college traffic infractions.
20 Section 73. Notwithstanding subsection (7) of section
21 3 of chapter 2000-321, Laws of Florida, section 240.267,
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:
25 240.267 Use of traffic and parking moneys.--Moneys
26 collected from parking assessments and infraction fines shall
27 be deposited in appropriate funds and shall be used to defray
28 the administrative and operating costs of the traffic and
29 parking program at the university or college institution, to
30 provide for additional parking facilities on campus, or for
31 student loan purposes.
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1 Section 74. Notwithstanding subsection (7) of section
2 3 of chapter 2000-321, Laws of Florida, section 240.268,
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:
6 240.268 University and college police.--
7 (1) Each university and college shall is empowered and
8 directed to provide for police officers for the university or
9 college, and such police officers shall hereafter be known and
10 designated as the "university police." or "college police."
11 (2) The university police and college police are
12 hereby declared to be law enforcement officers of the state
13 and conservators of the peace with the right to arrest, in
14 accordance with the laws of this state, any person for
15 violation of state law or applicable county or city ordinances
16 when such violations occur on any property or facilities that
17 which are under the guidance, supervision, regulation, or
18 control of the state universities and colleges, including
19 property and facilities of university or college
20 direct-support organizations State University System, except
21 that arrests may be made off campus when hot pursuit
22 originates on campus. Such officers shall have full authority
23 to bear arms in the performance of their duties and to execute
24 search warrants within their territorial jurisdiction.
25 University and college police, when requested by the sheriff
26 or local police authority, may serve subpoenas or other legal
27 process and may make arrest of any person against whom a
28 warrant has been issued or any charge has been made of
29 violation of federal or state laws or county or city
30 ordinances.
31
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1 (3) University and college police shall promptly
2 deliver all persons arrested and charged with a felony to the
3 sheriff of the county within which the university or college
4 is located, and all persons arrested and charged with
5 misdemeanors shall be delivered to the applicable authority as
6 may be provided by law, but otherwise to the sheriff of the
7 county in which the university or college is located.
8 (4) University and college police must meet the
9 minimum standards established by the Criminal Justice
10 Standards and Training Commission and chapter 943. Each police
11 officer shall, before entering into the performance of his or
12 her duties, take the oath of office as established by the
13 university or college; and the university or college may
14 obtain and approve a bond on each officer, payable to the
15 Governor and his or her successors in office, conditioned on
16 the faithful performance of the duties of such university or
17 college police officer. The university or college may
18 determine the amount of the bond. In determining the amount of
19 the bond, the university or college may consider the amount of
20 money or property likely to be in the custody of the officer
21 at any one time. The university or college shall provide a
22 uniform set of identification credentials for each university
23 or college police officer.
24 (5) In performance of any of the powers, duties, and
25 functions authorized by law or this section, university and
26 college police shall have the same rights, protections, and
27 immunities afforded other peace or law enforcement officers.
28 (6) The university, in concurrence with the Department
29 of Law Enforcement, shall adopt rules, including, but not
30 limited to, the appointment, employment, and removal of
31 university police in accordance with the state Career Service
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1 System, and, further, establish in writing a policy manual,
2 including, but not limited to, routine and emergency law
3 enforcement situations. A policy manual shall be furnished to
4 each university police officer.
5 Section 75. Notwithstanding subsection (7) of section
6 3 of chapter 2000-321, Laws of Florida, section 240.2682,
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:
10 240.2682 Florida Postsecondary Education Security
11 Information Act.--
12 (1) This act may be cited as the "Florida
13 Postsecondary Education Security Information Act."
14 (2) For the purposes of this act, "postsecondary
15 institution" means a state university or college identified in
16 s. 240.2011, a nonpublic college or university licensed
17 pursuant to s. 246.081, or a nonpublic college or university
18 exempt from licensure pursuant to s. 246.085.
19 Section 76. Notwithstanding subsection (7) of section
20 3 of chapter 2000-321, Laws of Florida, section 240.2683,
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:
24 240.2683 Report of campus crime statistics.--
25 (1) Each postsecondary institution shall prepare an
26 annual report of campus crime statistics for submission to the
27 respective governing or licensing boards of jurisdiction. The
28 data for these reports may be taken from the Florida
29 Department of Law Enforcement Annual Report. The Department
30 of Education shall prescribe the format for institutional
31 submission. Each postsecondary institution shall file the
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1 reports with The Board of Regents and State Board of
2 Independent Colleges and Universities shall compile the
3 reports and convey the aggregate institutional reports to the
4 Commissioner of Education.
5 (2) Each postsecondary institution shall prepare a
6 report of crime statistics as reported under subsection (1)
7 for the most recent 3-year period. The report shall be
8 updated annually. The institution shall give notice that this
9 report is available upon request.
10 Section 77. Notwithstanding subsection (7) of section
11 3 of chapter 2000-321, Laws of Florida, section 240.2684,
12 Florida Statutes, shall not stand repealed January 7, 2003, as
13 scheduled by that law, but that section is reenacted to read:
14 240.2684 Assessment of physical plant safety.--The
15 president of each postsecondary institution shall conduct or
16 cause to be conducted an annual assessment of physical plant
17 safety. An annual report shall incorporate the findings
18 obtained through such assessment and recommendations for the
19 improvement of safety on each campus. The annual report shall
20 be submitted to the respective governing or licensing board of
21 jurisdiction no later than January 1 of each year. Each board
22 shall compile the individual institutional reports and convey
23 the aggregate institutional reports to the Commissioner of
24 Education. The Commissioner of Education shall convey these
25 reports and the reports required in s. 240.2683 to the
26 President of the Senate and the Speaker of the House of
27 Representatives no later than March 1 of each year.
28 Section 78. Notwithstanding subsection (7) of section
29 3 of chapter 2000-321, Laws of Florida, section 240.271,
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:
3 240.271 State university and college System;
4 funding.--
5 (1) Planned enrollments for each university and
6 college as accepted or modified by the Legislature and program
7 cost categories shall be the basis for the allocation of
8 appropriated funds to the universities and colleges.
9 (2) In addition to enrollment-based appropriations,
10 categorical programs shall be established in the state
11 universities and colleges University System which are not
12 directly related to planned student enrollment. Such programs
13 shall be based upon the assigned missions of the institutions
14 and shall include, but not be limited to, research and public
15 service programs and authority to spend fee revenues collected
16 pursuant to subsection (5) and s. 240.235 s. 240.209(3)(e).
17 Appropriations by the Legislature and allocations by the board
18 shall be based upon full costs, as determined pursuant to
19 subsection (1), and priorities established by the Legislature.
20 (3) The Legislature by line item in an appropriations
21 act may identify programs of extraordinary quality for the
22 utilization of state funds to be matched by nonstate and
23 nonfederal sources.
24 (4) The State Board of Education Board of Regents
25 shall establish and validate a cost-estimating system
26 consistent with the requirements of subsection (1) and shall
27 report as part of its legislative budget request the actual
28 expenditures for the fiscal year ending the previous June 30.
29 The report shall include total expenditures from all sources
30 and shall be in such detail as needed to support the
31 legislative budget request.
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1 (5)(a) If the actual enrollment for any university or
2 college is less than planned enrollment by more than 5 percent
3 for any 2 consecutive fiscal years, the university or college
4 enrollment plan for the next year shall be reduced. If actual
5 enrollment exceeds planned enrollment by more than 5 percent,
6 an explanation of the excess shall be provided with the next
7 year's enrollment plan. The analysis of enrollment conducted
8 for implementing this subsection shall be based on the
9 categories of enrollment used in the education and general
10 appropriation.
11 (b) Beginning in fiscal year 1995-1996, and as
12 authorized in the General Appropriations Act, the Board of
13 Regents shall allocate to each university the student fees
14 collected by the university other than revenues generated by
15 enrollment growth in excess of 5 percent above planned
16 enrollment.
17 (6) The enrollment planning plus program cost data
18 established by this section shall be used as the basis for
19 preparing the legislative budget requests.
20 Section 79. Sections 240.272 and 240.273, Florida
21 Statutes, are repealed.
22 Section 80. Notwithstanding subsection (7) of section
23 3 of chapter 2000-321, Laws of Florida, section 240.274,
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:
27 240.274 Universities and colleges; public documents
28 distributed to libraries.--The general library of each state
29 university and college institution in the State University
30 System is entitled to receive copies of reports of state
31 officials, departments, and institutions and all other state
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1 documents published by the state. Each officer of the state
2 empowered by law to distribute such public documents is
3 authorized to transmit without charge, except for payment of
4 shipping costs, the number of copies of each public document
5 desired upon requisition from the librarian. It is the duty
6 of the library to keep public documents in a convenient form
7 accessible to the public. The library may, under rules
8 formulated by the Board of Regents, is authorized to exchange
9 documents for those of other states, territories, and
10 countries.
11 Section 81. Notwithstanding subsection (7) of section
12 3 of chapter 2000-321, Laws of Florida, section 240.275,
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:
16 240.275 Law libraries of certain institutions of
17 higher learning designated as state legal depositories.--
18 (1) The law libraries of the University of Florida,
19 Florida State University, Florida Agricultural and Mechanical
20 University, Florida International University, Stetson
21 University, Nova University, and the University of Miami are
22 designated as state legal depositories.
23 (2) Each officer of the state empowered by law to
24 distribute legal publications is authorized to transmit, upon
25 payment of shipping costs or cash on delivery, to the state
26 legal depositories copies of such publications as requested.
27 However, the number of copies transmitted shall be limited to:
28 (a) Eight copies of each volume of General Acts and
29 each volume of Special Acts to each of the state legal
30 depositories;
31
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1 (b) Up to a maximum number of each volume of the
2 Florida Statutes and each supplement volume, computed on the
3 basis of one set for every 10 students enrolled during the
4 school year, based upon the average enrollment as certified by
5 the registrar; and
6 (c) One copy of each journal of the House of
7 Representatives and each journal of the Senate to each state
8 legal depository.
9 (3) It is the duty of the librarian of any depository
10 to keep all public documents in a convenient form accessible
11 to the public.
12 (4) The libraries of all community colleges in the
13 Florida Community College System as defined in s. 240.301 are
14 designated as state depositories for the Florida Statutes and
15 supplements published by or under the authority of the state;
16 these depositories each may receive upon request one copy of
17 each volume without charge, except for payment of shipping
18 costs.
19 Section 82. Section 240.276, Florida Statutes, is
20 repealed.
21 Section 83. Notwithstanding subsection (7) of section
22 3 of chapter 2000-321, Laws of Florida, section 240.277,
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:
26 240.277 Additional appropriation.--
27 (1) All moneys received by the state universities and
28 colleges institutions under the management of the Board of
29 Regents, other than from state and federal sources, from
30 student building and capital improvement fees, and from
31 vending machine collections, are hereby appropriated to the
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1 use of the Board of Regents, for the respective state
2 university or college institutions collecting the moneys same,
3 to be expended as the state university or college directs
4 Board of Regents may direct; however, the funds may shall not
5 be expended except in pursuance of detailed budgets approved
6 by the State Board of Education filed with the Executive
7 Office of the Governor and may shall not be expended for the
8 construction or reconstruction of buildings except as provided
9 under s. 240.295.
10 (2) All moneys received from vending machine
11 collections by the state universities and colleges
12 institutions under the management of the Board of Regents
13 shall be expended only as set forth in detailed budgets
14 approved by the State Board of Education Board of Regents.
15 (3)(a) All moneys received by institutions under the
16 management of the Board of Regents for the Auxiliary
17 Enterprises and Contracts, Grants and Donations budget
18 entities, and the self-insurance program authorized in s.
19 240.213, shall be exempt from the requirements of s. 216.023.
20 The Board of Regents, in consultation with the appropriations
21 committees of the Legislature, shall approve an estimated
22 level of expenditures, salary rates, and positions for each of
23 these budget entities. If such expenditures exceed the prior
24 year level by more than 25 percent, the full membership of the
25 appropriations committees shall be notified of the increase.
26 (b) No new state appropriation shall be obligated as a
27 source of matching funds for potential federal or private
28 contracts or grants. Upon the termination of any federal or
29 private contracts or grants, the state is shall not be
30 obligated to provide continued funding for personnel or
31 project costs related to such contracts or grants.
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1 Section 84. Section 240.279, Florida Statutes, is
2 repealed.
3 Section 85. Notwithstanding subsection (7) of section
4 3 of chapter 2000-321, Laws of Florida, section 240.2803,
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:
8 240.2803 Auxiliary enterprises; contracts, grants, and
9 donations; definitions.--As used in s. 19(f)(3), Art. III of
10 the State Constitution, the term:
11 (1) "Auxiliary enterprises" includes activities that
12 directly or indirectly provide a product or a service, or
13 both, to a university, college, or its students, faculty, or
14 staff and for which a charge is made. These auxiliary
15 enterprises are business activities of a university or college
16 which require no support from the General Revenue Fund, and
17 include activities such as housing, bookstores, student health
18 services, continuing education programs, food services,
19 college stores, operation of vending machines, specialty
20 shops, day care centers, golf courses, student activities
21 programs, data center operations, and intercollegiate
22 athletics programs.
23 (2) "Contracts, grants, and donations" includes
24 noneducational and general funding sources in support of
25 research, public services, and training. The term includes
26 grants and donations, sponsored-research contracts, and
27 Department of Education funding for developmental research
28 schools and other activities for which the funds are deposited
29 outside the State Treasury.
30 Section 86. Sections 240.28031 and 240.28035, Florida
31 Statutes, are repealed.
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1 Section 87. Notwithstanding subsection (7) of section
2 3 of chapter 2000-321, Laws of Florida, section 240.2805,
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:
6 240.2805 Administration of capital improvement and
7 building fees trust funds.--The State Board of Education Board
8 of Regents shall administer the Capital Improvement Fee Trust
9 Fund and the Building Fee Trust Fund which include receipts
10 from capital improvement and building student fee assessments,
11 interest earnings, and subsidy grants. All funds, except those
12 to be used for debt service payments, reserve requirements,
13 and educational research centers for child development,
14 pursuant to s. 240.531, shall be used to fund projects
15 appropriated by the Legislature. Projects funded pursuant to
16 this section may be expanded by the use of supplemental funds
17 such as grants, auxiliary enterprises, private donations, and
18 other nonstate sources when approved by the Executive Office
19 of the Governor.
20 Section 88. Notwithstanding subsection (7) of section
21 3 of chapter 2000-321, Laws of Florida, section 240.281,
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:
25 240.281 Deposit of funds received by state
26 universities and colleges institutions and agencies in the
27 State University System.--All funds received by any state
28 university or college may be deposited outside the State
29 Treasury, except as otherwise provided by law. institution or
30 agency in the State University System, from whatever source
31 received and for whatever purpose, shall be deposited in the
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1 State Treasury subject to disbursement in such manner and for
2 such purposes as the Legislature may by law provide. The
3 following funds shall be exempt from the provisions of this
4 section and, with the approval of the Board of Regents, may be
5 deposited outside the State Treasury:
6 (1) Student deposits.
7 (2) Scholarship funds from private sources.
8 (3) Student loan funds.
9 (4) Contractor's bid deposits.
10 (5) Vending machine collections.
11 (6) Alumni association funds.
12 (7) Funds received from private sources as gifts,
13 grants, bequests, or donations.
14 (8) Funds received by a faculty practice plan as
15 provided by rule of the Board of Regents; however, the
16 University of Florida and the University of South Florida
17 shall prepare operating budgets at the same level of detail as
18 that required of the education and general and Board of
19 Regents budget entities for these funds.
20 (9) Such other funds as may be approved by the Board
21 of Regents and the Executive Office of the Governor subject to
22 the review provisions of s. 216.177.
23 Section 89. Sections 240.283, 240.285, 240.287, and
24 240.289, Florida Statutes, are repealed.
25 Section 90. Notwithstanding subsection (7) of section
26 3 of chapter 2000-321, Laws of Florida, section 240.291,
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:
30 240.291 Delinquent accounts.--
31
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1 (1) Each university and college may is directed to
2 exert every effort to collect all delinquent accounts.
3 (2) Each university and college may is authorized to
4 charge off or to settle such accounts that are as may prove
5 uncollectible.
6 (3) Each university and college may is authorized to
7 employ the service of a collection agency when deemed
8 advisable in collecting delinquent accounts.
9 (4) Each university and college board of trustees may
10 is authorized to adopt rules, as necessary, to implement the
11 provisions of this section, including setoff procedures,
12 payroll deductions, and restrictions on release of
13 transcripts, awarding of diplomas, and access to other
14 university or college resources and services.
15 Section 91. Notwithstanding subsection (7) of section
16 3 of chapter 2000-321, Laws of Florida, section 240.293,
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:
20 240.293 Contracts of institutions for supplies,
21 utility services, and building construction exempt from
22 operation of county or municipal ordinance or charter.--
23 (1) The state universities and colleges may are
24 authorized to contract for supplies, utility services, and
25 building construction without regulation or restriction by
26 municipal or county charter or ordinance. Contractual
27 arrangements shall be in the best interests of the state and
28 shall give consideration to rates, adequacy of service, and
29 the dependability of the contractor.
30
31
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1 (2) Any municipal or county charter, ordinance, or
2 regulation that serves to restrict or prohibit the intent of
3 subsection (1) shall be inoperative.
4 Section 92. Notwithstanding subsection (7) of section
5 3 of chapter 2000-321, Laws of Florida, section 240.2945,
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:
9 240.2945 Building construction standards;
10 exemptions.--The state universities and colleges are exempt
11 from local amendments to the Florida Building Code and the
12 Fire Prevention Code.
13 Section 93. Notwithstanding subsection (7) of section
14 3 of chapter 2000-321, Laws of Florida, section 240.295,
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:
18 240.295 State universities and colleges University
19 System; authorization for fixed capital outlay projects.--
20 (1) Notwithstanding the provisions of chapter 216,
21 including s. 216.351, The state universities and colleges
22 University System may accomplish fixed capital outlay projects
23 consistent with the provisions of this section. Projects
24 authorized by this section shall not require educational plant
25 survey approval as prescribed in chapter 235. No project which
26 upon completion requires general revenue for operation or
27 maintenance shall be accomplished without approval by the
28 Legislature.
29 (2) The following types of projects may be
30 accomplished pursuant to the restrictions identified in
31 subsection (1):
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1 (a) Construction of any new buildings, or remodeling
2 of existing buildings, when funded from nonstate sources such
3 as federal grant funds, private gifts, grants, or lease
4 arrangements if such grants or gifts are given for the
5 specific purpose of construction;
6 (b) The replacement of any buildings destroyed by fire
7 or other calamity;
8 (c) Construction of projects financed as provided in
9 s. 240.2093 or part I of chapter 243;
10 (d) Construction of new facilities or remodeling of
11 existing facilities to meet needs for research, provided that
12 such projects are financed pursuant to s. 240.241; or
13 (e) Construction of facilities or remodeling of
14 existing facilities to meet needs as determined by the
15 university or college, provided that the amount of funds for
16 any such project does not exceed $500,000, and the trust
17 funds, other than the funds used to accomplish projects
18 contemplated in this subsection, are authorized and available
19 for such purposes.
20 (3) Other than those projects currently authorized, no
21 project proposed by a university or college which is to be
22 funded from Capital Improvement Trust Fund fees or building
23 fees shall be submitted to the State Board of Education Board
24 of Regents for approval without prior consultation with the
25 student government association of that university or college.
26 The State Board of Education Board of Regents shall adopt
27 promulgate rules which are consistent with this requirement.
28 (4) Each university and college board of trustees The
29 Board of Regents shall, in consultation with local and state
30 emergency management agencies, assess existing facilities to
31 identify the extent to which each campus has public hurricane
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1 evacuation shelter space. Each The board shall submit to the
2 Governor and the Legislature by August 1 of each year a 5-year
3 capital improvements program that identifies new or
4 retrofitted facilities that will incorporate enhanced
5 hurricane resistance standards and that can be used as public
6 hurricane evacuation shelters. Enhanced hurricane resistance
7 standards include fixed passive protection for window and door
8 applications to provide mitigation protection, security
9 protection with egress, and energy efficiencies that meet
10 standards required in the 130-mile-per-hour wind zone areas.
11 Each The board must also submit proposed facility retrofit
12 projects to the Department of Community Affairs for assessment
13 and inclusion in the annual report prepared in accordance with
14 s. 252.385(3). Until a regional planning council region in
15 which a campus is located has sufficient public hurricane
16 evacuation shelter space, any campus building for which a
17 design contract is entered into subsequent to July 1, 2001,
18 and which has been identified by a the board, with the
19 concurrence of the local emergency management agency or the
20 Department of Community Affairs, to be appropriate for use as
21 a public hurricane evacuation shelter, must be constructed in
22 accordance with public shelter standards.
23 Section 94. Notwithstanding subsection (7) of section
24 3 of chapter 2000-321, Laws of Florida, section 240.296,
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:
28 240.296 State university and college system facilities
29 loan and debt surety program.--
30 (1) LEGISLATIVE INTENT.--The Legislature recognizes
31 the need for new facilities, improvements to existing
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1 facilities, and equipment to accommodate university and
2 college needs for student housing, dining, parking,
3 merchandising, athletics, and other income-generating,
4 self-supporting enterprises. It is further recognized that
5 projects for these purposes must be approved by the
6 Legislature before revenue certificates may be issued on
7 behalf of the State Board of Education Board of Regents, and
8 that the credit ratings of these revenue certificates may be
9 enhanced by a secondary pledge of unobligated trust funds. It
10 is, therefore, the intent of the Legislature to establish a
11 program to provide the opportunity for each state university
12 and college to obtain funds for these projects and to serve as
13 a source of secondary credit enhancement for revenue
14 certificates issued on behalf of the State Board of Education
15 Board of Regents. This program shall be administered in
16 accordance with rules adopted procedures established by the
17 State Board of Education Board of Regents.
18 (2) ADMINISTRATION OF THE PROGRAM.--
19 (a) Projects, including acquisition of new facilities,
20 improvements to existing facilities, and equipment to
21 accommodate university and college needs for student housing,
22 parking, dining, merchandising, athletics, or other
23 income-generating, self-supporting enterprises, shall be
24 eligible for loans or secondary credit enhancement, as the
25 case may be, subject to the rules adopted procedures
26 established by the State Board of Education Board of Regents.
27 (b) To be eligible for secondary credit enhancement
28 from the program, the primary revenue stream dedicated to each
29 project must be sufficient to attain a minimum debt coverage
30 ratio established by the State Board of Education Board of
31 Regents. The surety pledge from the program for any one
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1 project shall not exceed an amount equal to 1 year's debt
2 service or lease payments and such surety pledge shall not
3 extend beyond the first 5 years of the debt, unless
4 specifically authorized by the State Board of Education Board
5 of Regents. The State Board of Education shall adopt rules
6 Board of Regents shall establish procedures for charges and
7 for repayments of draws from the program.
8 (c) To be eligible for a loan, the university or
9 college must demonstrate the project's fiscal sufficiency,
10 including loan repayment provisions.
11 (d) All construction allocations shall be acquired in
12 accordance with rules adopted by the State Board of Education
13 established by the Board of Regents, pursuant to s.
14 240.209(3)(o).
15 Section 95. Section 240.2985, Florida Statutes, is
16 repealed.
17 Section 96. Notwithstanding subsection (7) of section
18 3 of chapter 2000-321, Laws of Florida, section 240.299,
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:
22 240.299 Direct-support organizations; use of property;
23 board of directors; activities; audit; facilities.--
24 (1) DEFINITIONS.--For the purposes of this section,
25 the term:
26 (a) "University direct-support organization" or
27 "college direct-support organization" means an organization
28 which is:
29 1. A Florida corporation not for profit incorporated
30 under the provisions of chapter 617 and approved by the
31 Department of State;
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1 2. Organized and operated exclusively to receive,
2 hold, invest, and administer property and to make expenditures
3 to or for the benefit of a state university or college in
4 Florida or for the benefit of a research and development park
5 or research and development authority affiliated with a state
6 university or college and organized under part V of chapter
7 159; and
8 3. An organization that which the State Board of
9 Education Board of Regents, after review, has certified to be
10 operating in a manner consistent with the goals of the
11 university or college and in the best interest of the state.
12 Any organization that which is denied certification by the
13 State Board of Education may Board of Regents shall not use
14 the name of the university or college that which it serves.
15 (b) "Personal services" includes full-time or
16 part-time personnel as well as payroll processing.
17 (2) USE OF PROPERTY.--
18 (a) Each university and college board of trustees may
19 The Board of Regents is authorized to permit the use of
20 property, facilities, and personal services at any state
21 university or college by any university direct-support
22 organization or college direct-support organization, and,
23 subject to the provisions of this section, direct-support
24 organizations may establish accounts with the State Board of
25 Administration for investment of funds pursuant to part IV of
26 chapter 218.
27 (b) Each university and college board of trustees The
28 Board of Regents shall prescribe by rule conditions with which
29 a university direct-support organization or college
30 direct-support organization must comply in order to use
31 property, facilities, or personal services at any state
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1 university or college. Such rules shall provide for budget
2 and audit review and oversight by the State Board of Education
3 Board of Regents.
4 (c) A university or college board of trustees may The
5 Board of Regents shall not permit the use of property,
6 facilities, or personal services at any state university or
7 college by any university direct-support organization or
8 college direct-support organization that which does not
9 provide equal employment opportunities to all persons
10 regardless of race, color, religion, sex, age, or national
11 origin.
12 (3) BOARD OF DIRECTORS.--Each university and college
13 board of trustees The chair of the Board of Regents may
14 appoint a representative to the board of directors and the
15 executive committee of any direct-support organization
16 established under this section. The president of the
17 university or college for which the direct-support
18 organization is established, or his or her designee, shall
19 also serve on the board of directors and the executive
20 committee of any direct-support organization established to
21 benefit that university or college.
22 (4) ACTIVITIES; RESTRICTION.--A university
23 direct-support organization or a college direct-support
24 organization may not give is prohibited from giving, either
25 directly or indirectly, any gift to a political committee or
26 committee of continuous existence as defined in s. 106.011 for
27 any purpose other than those certified by a majority roll call
28 vote of the governing board of the direct-support organization
29 at a regularly scheduled meeting as being directly related to
30 the educational mission of the university or college.
31
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1 (5) ANNUAL AUDIT.--Each direct-support organization
2 shall provide for an annual financial audit of its accounts
3 and records to be conducted by an independent certified public
4 accountant in accordance with rules adopted by the Auditor
5 General pursuant to s. 11.45(8) and by the Board of Regents.
6 The annual audit report shall be submitted, within 9 months
7 after the end of the fiscal year, to the Auditor General and
8 the State Board of Education Board of Regents for review. The
9 State Board of Education, the university or college board of
10 trustees Board of Regents, the Auditor General, and the Office
11 of Program Policy Analysis and Government Accountability may
12 shall have the authority to require and receive from the
13 organization or from its independent auditor any records
14 relative to the operation of the organization. The identity of
15 donors who desire to remain anonymous shall be protected, and
16 that anonymity shall be maintained in the auditor's report.
17 All records of the organization other than the auditor's
18 report, management letter, and any supplemental data requested
19 by the State Board of Education, the university or college
20 board of trustees Board of Regents, the Auditor General, and
21 the Office of Program Policy Analysis and Government
22 Accountability shall be confidential and exempt from the
23 provisions of s. 119.07(1).
24 (6) FACILITIES.--In addition to issuance of
25 indebtedness pursuant to s. 240.2093(2), each direct-support
26 organization may is authorized to enter into agreements to
27 finance, design and construct, lease, lease-purchase,
28 purchase, or operate facilities necessary and desirable to
29 serve the needs and purposes of the university or college, as
30 determined by the systemwide strategic plan adopted by the
31 State Board of Education Board of Regents, upon approval of
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1 such agreements by the State Board of Education Board of
2 Regents and approval of the project by the Legislature. Such
3 agreements are subject to the provisions of s. 243.151.
4 (7) ANNUAL BUDGETS AND REPORTS.--Each direct-support
5 organization shall submit to the university president and the
6 State Board of Education Board of Regents its federal Internal
7 Revenue Service Application for Recognition of Exemption form
8 (Form 1023) and its federal Internal Revenue Service Return of
9 Organization Exempt from Income Tax form (Form 990).
10 Section 97. Notwithstanding subsection (7) of section
11 3 of chapter 2000-321, Laws of Florida, section 240.2995,
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:
15 240.2995 University and college health services
16 support organizations.--
17 (1) Each state university and college board of
18 trustees may is authorized to establish university and college
19 health services support organizations that which shall have
20 the ability to enter into, for the benefit of the university
21 or college academic health sciences center, arrangements with
22 other entities as providers in other integrated health care
23 systems or similar entities. To the extent required by law or
24 rule, university and college health services support
25 organizations shall become licensed as insurance companies,
26 pursuant to chapter 624, or be certified as health maintenance
27 organizations, pursuant to chapter 641. University and
28 college health services support organizations shall have sole
29 responsibility for the acts, debts, liabilities, and
30 obligations of the organization. In no case shall the state,
31 college, or university have any responsibility for such acts,
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1 debts, liabilities, and obligations incurred or assumed by
2 university or college health services support organizations.
3 (2) Each university and college health services
4 support organization shall be a Florida corporation not for
5 profit, incorporated under the provisions of chapter 617 and
6 approved by the Department of State.
7 (3) The State Board of Education Board of Regents may
8 prescribe, by rule, conditions with which a university or
9 college health services support organization must comply in
10 order to be certified. Each university and college board of
11 trustees may adopt rules providing the conditions with which a
12 university or college health support organization must comply
13 in order and to use property, facilities, or personal services
14 at the any state university or college. The rules must provide
15 for budget, audit review, and oversight by the State Board of
16 Education Board of Regents. Such rules shall provide that the
17 university or college health services support organization may
18 provide salary supplements and other compensation or benefits
19 for university or college faculty and staff employees only as
20 set forth in the organization's budget, which is shall be
21 subject to approval by the university or college president.
22 (4) Each university and college board of trustees The
23 chair of the Board of Regents may appoint a representative to
24 the board of directors and the executive committee of any
25 university or college health services support organization
26 established under this section. The president of the
27 university or college for which the university or college
28 health services support organization is established, or the
29 president's designee, shall also serve on the board of
30 directors and the executive committee of any university or
31
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1 college health services support organization established to
2 benefit that university or college.
3 (5) Each university and college health services
4 support organization shall provide for an annual financial
5 audit in accordance with s. 240.299(5) s. 240.299(4). The
6 auditor's report, management letter, and any supplemental data
7 requested by the State Board of Education Board of Regents and
8 the Auditor General are shall be considered public records,
9 pursuant to s. 119.07.
10 Section 98. Notwithstanding subsection (7) of section
11 3 of chapter 2000-321, Laws of Florida, section 240.2996,
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:
15 240.2996 University and college health services
16 support organization; confidentiality of information.--
17 (1) All meetings of a governing board of a university
18 or college health services support organization and all
19 university and college health services support organization
20 records shall be open and available to the public in
21 accordance with s. 286.011 and s. 24(b), Art. I of the State
22 Constitution and chapter 119 and s. 24(a), Art. I of the State
23 Constitution, respectively, unless made confidential or exempt
24 by law. Records required by the Department of Insurance to
25 discharge its duties shall be made available to the department
26 upon request.
27 (2) The following university health services support
28 organization's records and information of a university or
29 college health services support organization are confidential
30 and exempt from the provisions of s. 119.07(1) and s. 24(a),
31 Art. I of the State Constitution:
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1 (a) Contracts for managed care arrangements under
2 which the university or college health services support
3 organization provides health care services, preferred provider
4 organization contracts, health maintenance organization
5 contracts, alliance network arrangements, and exclusive
6 provider organization contracts, and any documents directly
7 relating to the negotiation, performance, and implementation
8 of any such contracts for managed care arrangements or
9 alliance network arrangements. As used in this paragraph, the
10 term "managed care" means systems or techniques generally used
11 by third-party payors or their agents to affect access to and
12 control payment for health care services. Managed-care
13 techniques most often include one or more of the following:
14 prior, concurrent, and retrospective review of the medical
15 necessity and appropriateness of services or site of services;
16 contracts with selected health care providers; financial
17 incentives or disincentives related to the use of specific
18 providers, services, or service sites; controlled access to
19 and coordination of services by a case manager; and payor
20 efforts to identify treatment alternatives and modify benefit
21 restrictions for high-cost patient care.
22 (b) Each university and college health services
23 support organization's marketing plan the disclosure of which
24 may reasonably be expected by the organization's governing
25 board to be used by a competitor or an affiliated provider of
26 the organization to frustrate, circumvent, or exploit the
27 purposes of the plan before it is implemented and which is not
28 otherwise known or cannot be legally obtained by a competitor
29 or an affiliated provider. However, documents that are
30 submitted to the organization's governing board as part of the
31
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1 board's approval of the organization's budget, and the budget
2 itself, are not confidential and exempt.
3 (c) Trade secrets, as defined in s. 688.002, including
4 reimbursement methodologies and rates.
5 (d) The records of the peer review panels, committees,
6 governing board, and agents of the university or college
7 health services support organization which relate solely to
8 the evaluation of health care services and professional
9 credentials of health care providers and physicians employed
10 by or providing services under contract to the university or
11 college health services support organization. The exemptions
12 created by this paragraph shall not be construed to impair any
13 otherwise established rights of an individual health care
14 provider to inspect documents concerning the determination of
15 such provider's professional credentials.
16 (3) Any portion of a governing board or peer review
17 panel or committee meeting during which a confidential and
18 exempt contract, document, record, marketing plan, or trade
19 secret, as provided for in subsection (2), is discussed is
20 exempt from the provisions of s. 286.011 and s. 24(b), Art. I
21 of the State Constitution.
22 (4) Those portions of any public record, such as a
23 tape recording, minutes, and notes, generated during that
24 portion of a governing board or peer review panel or committee
25 meeting which is closed to the public pursuant to this
26 section, which contain information relating to contracts,
27 documents, records, marketing plans, or trade secrets which
28 are made confidential and exempt by this section, are
29 confidential and exempt from the provisions of s. 119.07(1)
30 and s. 24(a), Art. I of the State Constitution.
31
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1 (5) The exemptions from s. 119.07(1) and s. 24(a),
2 Art. I of the State Constitution and s. 286.011 and s. 24(b),
3 Art. I of the State Constitution provided in this section do
4 not apply if the governing board of a university or college
5 health services support organization votes to lease, sell, or
6 transfer all or any substantial part of the facilities or
7 property of the university or college health services support
8 organization to a nonpublic entity.
9 (6) Any person may petition a court of competent
10 jurisdiction for an order for the public release of those
11 portions of any public record, such as a tape recording,
12 minutes, or notes, generated during that portion of a
13 governing board meeting which is closed to the public pursuant
14 to subsection (3), which record is made confidential and
15 exempt by subsection (4). Any action pursuant to this
16 subsection must be brought in the county where the principal
17 office of the university or college health services support
18 organization is located, as reflected in the records of the
19 custodian of state records Secretary of State. In any order
20 for the public release of a record pursuant to this
21 subsection, the court shall make a finding that a compelling
22 public interest is served by the release of the record or
23 portions thereof which exceeds the public necessity for
24 maintaining the confidentiality of such record as described in
25 s. 2, chapter 96-171, Laws of Florida, and that the release of
26 the record will not cause damage to or adversely affect the
27 interests of private persons, business entities, the
28 university or college health services support organization, or
29 the affiliated university or college.
30 (7) Those portions of any public record, such as a
31 tape recording, minutes, or notes, generated during that
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1 portion of a governing board meeting at which negotiations for
2 contracts for managed-care arrangements occur, are reported
3 on, or are acted on by the governing board, which record is
4 made confidential and exempt by subsection (4), shall become
5 public records 2 years after the termination or completion of
6 the term of the contract to which such negotiations relate or,
7 if no contract was executed, 2 years after the termination of
8 the negotiations. Notwithstanding paragraph (2)(a) and
9 subsection (4), a university or college health services
10 support organization must make available, upon request, the
11 title and general description of a contract for managed-care
12 arrangements, the names of the contracting parties, and the
13 duration of the contract term. All contracts for managed-care
14 arrangements which are made confidential and exempt by
15 paragraph (2)(a), except those portions of any contract
16 containing trade secrets which are made confidential and
17 exempt by paragraph (2)(c), shall become public 2 years after
18 the termination or completion of the term of the contract.
19 (8) A university or college health services support
20 organization may petition a court of competent jurisdiction to
21 continue the confidentiality of any public record made
22 nonconfidential by this section, upon a showing of good cause.
23 In determining good cause, the court shall balance the
24 property, privacy, and economic interests of any affected
25 person or business entity with those of the university or
26 college health services support organization and with the
27 public interest and must make a finding that a substantial
28 public interest is served by the continued confidentiality of
29 the public record for an additional time period. The length of
30 time for this continued exemption may be no longer than is
31 necessary to protect that substantial public interest.
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1 (9) This act does not preclude discovery of records
2 and information that are otherwise discoverable under the
3 Florida Rules of Civil Procedure or any statutory provision
4 allowing discovery or presuit disclosure of such records and
5 information for the purpose of civil actions.
6 Section 99. Subsection (14) of section 240.2997,
7 Florida Statutes, is amended to read:
8 240.2997 Florida State University College of
9 Medicine.--
10 (14) INDEMNIFICATION FROM LIABILITY.--This section
11 shall be construed to authorize the Florida State University,
12 for and on behalf of the Board of Regents, to negotiate and
13 purchase policies of insurance to indemnify from any liability
14 those individuals or entities providing sponsorship or
15 training to the students of the medical school, professionals
16 employed by the medical school, and students of the medical
17 school.
18 Section 100. Notwithstanding subsection (7) of section
19 3 of chapter 2000-321, Laws of Florida, section 240.301,
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:
23 240.301 Community colleges; definition, mission, and
24 responsibilities.--
25 (1) State community colleges shall consist of all
26 public educational institutions operated by community college
27 district boards of trustees under the law statutory authority
28 and rules of the State Board of Education and the State Board
29 of Community Colleges. A community college may provide adult
30 education services, including adult basic education, adult
31 general education, adult secondary education, and general
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1 educational development test instruction. The state community
2 colleges are locally based and governed entities with
3 statutory and funding ties to state government. As such, the
4 community colleges' mission reflects a commitment to be
5 responsive to local educational needs and challenges. In
6 achieving this mission, the community colleges shall strive to
7 maintain sufficient local authority and flexibility while
8 preserving appropriate legal accountability to the state.
9 (2) As comprehensive institutions, the community
10 colleges shall provide high-quality, affordable education and
11 training opportunities, shall foster a climate of excellence,
12 and shall provide opportunities to all while combining high
13 standards with an open-door admission policy. The community
14 colleges shall, as open-access institutions, serve all who can
15 benefit, without regard to age, race, gender, creed, or ethnic
16 or economic background, while emphasizing the achievement of
17 social and educational equity so that all can be prepared for
18 full participation in society.
19 (3) The primary mission and responsibility of public
20 community colleges is responding to community needs for
21 postsecondary academic education and degree career education.
22 This mission and responsibility includes being responsible
23 for:
24 (a) Providing lower level undergraduate instruction
25 and awarding associate degrees, and providing upper-level
26 instruction and awarding baccalaureate degrees as specifically
27 authorized by law.
28 (b) Preparing students directly for vocations
29 requiring less than baccalaureate degrees. This may include
30 preparing for job entry, supplementing of skills and
31 knowledge, and responding to needs in new areas of technology.
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1 Career education in the community college shall consist of
2 certificate career education programs leading to certificates
3 for occupational completion points, credit courses leading to
4 associate in science degrees and associate in applied
5 technology degrees, and other programs in fields requiring
6 substantial academic work, background, or qualifications. A
7 community college may offer vocational programs in fields
8 having lesser academic or technical requirements.
9 (c) Providing student development services, including
10 assessment, student tracking, support for disabled students,
11 advisement, counseling, financial aid, career development, and
12 remedial and tutorial services, to ensure student success.
13 (d) Promoting economic development for the state
14 within each community college district through the provision
15 of special programs, including, but not limited to, the:
16 1. Enterprise Florida-related programs.
17 2. Technology transfer centers.
18 3. Economic development centers.
19 4. Workforce literacy programs.
20 (4) A separate and secondary role for community
21 colleges includes the offering of programs in:
22 (a) Community services that which are not directly
23 related to academic or occupational advancement.
24 (b) Adult general education.
25 (c) Recreational and leisure services.
26 (5) Funding for community colleges shall reflect their
27 mission as follows:
28 (a) Postsecondary academic and vocational education
29 programs and adult general education programs shall have first
30 priority in community college funding.
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1 (b) Community service programs shall be presented to
2 the Legislature with rationale for state funding. The
3 Legislature may identify priority areas for use of these
4 funds.
5 (6) Community colleges are authorized to offer such
6 programs and courses as are necessary to fulfill their mission
7 and are authorized to grant associate in arts degrees,
8 associate in science degrees, associate in applied science
9 degrees, certificates, awards, and diplomas. Each community
10 college is also authorized to provide access to baccalaureate
11 degrees through concurrent-use partnerships or through
12 offering a limited number of baccalaureate degrees as
13 authorized by law, and to make provisions for the general
14 educational development examination.
15 Section 101. Notwithstanding subsection (7) of section
16 3 of chapter 2000-321, Laws of Florida, section 240.303,
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:
20 240.303 "Community college" and "junior college" used
21 interchangeably.--Whenever The terms term "community college"
22 and "junior college," as used appears in the Florida Statutes
23 in reference to a tax-supported institution, have the same
24 meaning. it shall be construed to mean a "junior college."
25 Section 102. Notwithstanding subsection (7) of section
26 3 of chapter 2000-321, Laws of Florida, section 240.3031,
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
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1 240.3031 Florida community colleges College System
2 defined.--Florida's The Florida community colleges College
3 System shall consist of the following:
4 (1) The State Board of Community Colleges of the
5 Division of Community Colleges of the Department of Education.
6 (1)(2) Brevard Community College.
7 (2)(3) Broward Community College.
8 (3)(4) Central Florida Community College.
9 (4)(5) Chipola Junior College.
10 (5)(6) Daytona Beach Community College.
11 (6)(7) Edison Community College.
12 (7)(8) Florida Community College at Jacksonville.
13 (8)(9) Florida Keys Community College.
14 (9)(10) Gulf Coast Community College.
15 (10)(11) Hillsborough Community College.
16 (11)(12) Indian River Community College.
17 (12)(13) Lake City Community College.
18 (13)(14) Lake-Sumter Community College.
19 (14)(15) Manatee Community College.
20 (15)(16) Miami-Dade Community College.
21 (16)(17) North Florida Community College.
22 (17)(18) Okaloosa-Walton Community College.
23 (18)(19) Palm Beach Community College.
24 (19)(20) Pasco-Hernando Community College.
25 (20)(21) Pensacola Junior College.
26 (21)(22) Polk Community College.
27 (22)(23) St. Johns River Community College.
28 (23)(24) St. Petersburg Junior College.
29 (24)(25) Santa Fe Community College.
30 (25)(26) Seminole Community College.
31 (26)(27) South Florida Community College.
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1 (27)(28) Tallahassee Community College.
2 (28)(29) Valencia Community College.
3 Section 103. Sections 240.305 and 240.309, Florida
4 Statutes; section 240.311, Florida Statutes, as amended by
5 section 34 of chapter 2001-170 and section 77 of chapter
6 2001-266, Laws of Florida; and section 240.3115, Florida
7 Statutes, are repealed.
8 Section 104. Notwithstanding subsection (7) of section
9 3 of chapter 2000-321, Laws of Florida, section 240.312,
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:
13 240.312 Community colleges; program review.--The
14 director of the Division of Community Colleges shall develop
15 guidelines for the review of all academic programs in
16 community colleges. Program reviews, to be conducted in
17 conjunction with the Council for Education Policy Research and
18 Improvement, shall document how individual programs are
19 achieving stated learning and program objectives within the
20 context of the institution's mission. The results of the
21 program reviews shall inform the strategic planning, program
22 development, and budgeting decisions at the institutional
23 level. Program reviews for the community college system shall
24 be coordinated with the Postsecondary Education Planning
25 Commission every year. Every major program shall be reviewed
26 every 5 years or whenever the effectiveness or efficiency of a
27 program is jeopardized, except that certificate career
28 education programs and programs leading to an associate in
29 science degree shall be reviewed every 3 years. Indicators of
30 quality and criteria for the program reviews shall be defined.
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1 The results of these program reviews shall be tied to the
2 budget request for the community college system.
3 Section 105. Notwithstanding subsection (7) of section
4 3 of chapter 2000-321, Laws of Florida, section 240.313,
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:
8 240.313 Community college districts; establishment and
9 organization of boards of trustees.--
10 (1) Each community college district authorized by law
11 and the Department of Education is an independent, separate,
12 legal entity created for the operation of a community college.
13 The district board of trustees, the community college
14 district, and the community college are one and the same legal
15 entity, a political subdivision of the state, for all purposes
16 under this section, including, without limitation, the
17 ownership of property and the transaction of business.
18 (2) Community college district boards of trustees
19 shall be comprised of five members when a community college
20 district is confined to one school board district; seven
21 members when a community college district is confined to one
22 school board district and the district board of trustees so
23 elects; and not more than nine members when the district
24 contains two or more school board districts, as provided by
25 regulations of the State Board of Education. However, Florida
26 Community College at Jacksonville shall have an odd number of
27 trustees.
28 (3) Trustees shall be appointed by the Governor,
29 approved by four members of the State Board of Education, and
30 confirmed by the Senate in regular session; however, an no
31 appointee shall take office on an interim basis pending Senate
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1 action until such action or the end of the next regular
2 session, whichever occurs earlier. after his or her
3 appointment has been approved by four members of the State
4 Board of Education; further, the State Board of Education
5 shall develop rules and procedures for review and approval of
6 the appointees. Prior to the time the Governor appoints any
7 member of any community college district board of trustees,
8 the school board or boards in the community college district
9 may submit to the Governor for his or her consideration the
10 names of two or more persons for each office.
11 (4) Members of the district board of trustees shall
12 receive no salary but may receive reimbursement for expenses
13 as provided in s. 112.061, including mileage to and from
14 official board meetings.
15 (5) At its first regular meeting after July 1 of each
16 year, each district board of trustees shall organize by
17 electing a chair, whose duty as such is to preside at all
18 meetings of the district board, to call special meetings
19 thereof, and to attest to actions of the district board, and a
20 vice chair, whose duty as such is to act as chair during the
21 absence or disability of the elected chair. It is the further
22 duty of the chair of each district board of trustees to notify
23 the Governor, in writing, whenever a board member fails to
24 attend three consecutive regular district board meetings in
25 any one fiscal year, which absences may be grounds for
26 removal.
27 (6) A community college president shall be the
28 executive officer and corporate secretary of the district
29 board of trustees as well as the chief administrative officer
30 of the community college, and all the components of the
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1 institution and all aspects of its operation are responsible
2 to the district board of trustees through the president.
3 (7) The district board of trustees shall have the
4 power to take action without a recommendation from the
5 president and shall have the power to require the president to
6 deliver to the district board all data and information
7 required by the district board in the performance of its
8 duties.
9 Section 106. Notwithstanding subsection (7) of section
10 3 of chapter 2000-321, Laws of Florida, section 240.315,
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:
14 240.315 Community college district board of trustees;
15 board to constitute a corporation.--Each community college
16 district board of trustees is constituted a body corporate by
17 the name of "The District Board of Trustees of ...(name of
18 community college)..., Florida." with all powers of a body
19 corporate, including a corporate seal, the power to contract
20 and be contracted with, to sue and be sued, to plead and be
21 impleaded in all courts of law or equity, and to give and
22 receive donations. In all suits against a district board,
23 service of process shall be made on the chair of the district
24 board or, in the absence of the chair, on another member of
25 the district board.
26 Section 107. Notwithstanding subsection (7) of section
27 3 of chapter 2000-321, Laws of Florida, section 240.317,
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:
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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
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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 (2) For purposes of this chapter, the powers, duties,
26 and authority vested with a community college are vested with
27 the president of the community college or his or her designee.
28 Unless expressly prohibited by law, rule of the State Board of
29 Education, or rule of the community college district board of
30 trustees, each community college president may delegate any
31 power, duty, or authority vested in the president by law, rule
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1 of the State Board of Education, or rule of the community
2 college district board of trustees.
3 Section 109. Notwithstanding subsection (7) of section
4 3 of chapter 2000-321, Laws of Florida, section 240.319,
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:
8 240.319 Community college district boards of trustees;
9 duties and powers.--
10 (1) Each community college district board of trustees
11 is vested with the responsibility to govern and set policy for
12 operate its respective community college and with such
13 necessary authority as is needed for the proper operation and
14 improvement thereof in accordance with rules of the State
15 Board of Education and State Board of Community Colleges.
16 (2) The district board of trustees, after considering
17 recommendations submitted by the community college president,
18 may has authority to adopt rules pursuant to ss. 120.536(1)
19 and 120.54 to implement the provisions of law conferring
20 duties upon it. These rules may supplement those prescribed
21 by the State Board of Education and the State Board of
22 Community Colleges if they will contribute to the more orderly
23 and efficient operation of the Florida Community College
24 System.
25 (3) Each community college district board of trustees
26 is specifically authorized to adopt rules that are related to
27 its mission and, procedures, and policies, consistent with law
28 and the rules of the State Board of Education. Unless
29 expressly prohibited by law, each community college district
30 board of trustees may delegate any power, duty, or authority
31 vested in the district board of trustees, in whole or in part,
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